Here is another guest post from Patrick Kellermann from Leclair Ryan.  His bio is here.  We looked earlier this week at Google’s proposed $22.5 million data privacy settlement.  See post here.   As Hurricane Isaac pummeled our shores, and the Republicans held their convention in Tampa, yet another headline on data privacy appeared — when it rains, it pours. District Court Judge Susan Illston granted Consumer Watchdog’s...

Colombia is a beautiful country and the people are amazing.  It is the land of economic opportunity.  The Free Trade Agreement, which was finally ratified by Congress, last year, became effective on May 15, 2012.  The United States has quadrupled exports to Colombia in the last four years, totaling $14 billion each year.  That number is expected to sky-rocket because of  the Free Trade Agreement...

When it comes to headlines, companies either love or hate the publicity.  There is no middle ground.  Companies face a number of risks which can easily turn into a “crisis.”  When they occur, a company needs to turn its attention to the crisis.  A comprehensive crisis management plan is a must have in order to navigate the risks and potential harm to the company. A...

The Justice Department’s criminal antitrust enforcement program has had some major successes.  In many respects, the Justice Department’s criminal antitrust program provides an example of what the FCPA criminal program may look like in the future.  Antitrust and anti-corruption investigations are closely linked and regularly cross-pollinate each other.  In many cases, compliance breakdowns may lead to foreign bribery and cartel behaviors.  Cooperating witnesses in an...

Patrick Kellerman from LeClairRyan (Patrick’s profile is here) responds to an article in Forbes asking if the recent $22.5 million FTC – Google settlement does more harm than good.  A copy of the Forbes article is here.  First, some background information: The FTC alleged Google violated the Consent Order reached in the Google Buzz settlement by misrepresenting its tracking cookie practices pertaining to users of the...

The LIBOR “scandal” could have far-reaching implications for financial institutions in the United States and global markets.  It is hard to know exactly how the issue will play out.  The Department of Justice is definitely gearing up to lead or play a significant role in a wide-ranging criminal and civil investigation.  The investigation focuses on traditional antitrust and fraud violations.  The implications for follow-on civil...

Companies continue to access social media sites to monitor employees and assess job applicants.  They do so in the face of increasing risks.  Federal and state laws and regulations are rapidly changing as social media use by individuals increases and the line between personal and business use of social media becomes fuzzier. Public reaction was strong when companies insisted that employees or applicants provide passwords...

Last week, the SEC finally resolved two major rulemaking proceedings – the conflict minerals and the extractive industry payment rulemaking proceedings.  The business community vehemently opposed the new rules, citing the billions of dollars which businesses will have to spend to comply.  Nonetheless, the SEC adopted the new requirements with modifications to try and address specific business concerns.  The rules will be challenged in the...

Please join me and Tom Fox for a complimentary breakfast seminar on September 25, 2012 in San Diego, California.  The seminar is being sponsored by Kreller Group. Anti-Corruption Due Diligence Workshop: Practical Steps to Protect Your Company from Third Party and Joint Venture Risks.   When: September 25, 2012, 8 AM to 10 AM Where: San Diego Marriott, Del Mar, California Register HERE Conducting proper Due...

Everyone is full of advice on how to structure compliance programs.  Ask anyone in the FCPA paparazzi and they will tell you exactly what you need to do to make sure you have an effective anti-corruption compliance program.  There are as many answers as there are compliance professionals. I can assure you that every compliance professional has forgotten the missing link – not Curly Q...