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EU Whistleblower Directive: A Primer (Part IV of IV) – Protections, Prohibitions and Penalties

The Directive’s robust prohibitions against retaliation for covered persons—including both attempts and threats— is meticulously outlined in Article 19. Among other things, Article 19 broadly prohibits retaliation in the following forms: Suspension, lay-off, dismissal or equivalent measures Demotion or withholding of promotion Transfer of duties, change of location of place of work, reduction in wages or change in working hours Withholding of training Negative performance...

EU Whistleblower Directive: A Primer (Part III of IV) – Data Privacy and Recordkeeping

Hope everyone had wonderful Fourth of July holiday. Alex Cotoia, Regulatory Manager, at the Volkov Law Group rejoins us for Parts III and IV of his series on the EU Whistleblower Directive. If you want to reach Alex, his email is [email protected]. Article 17 of the Directive explicitly incorporates the provisions of Regulation 2016/679 on the protection of natural persons with regard to the processing...

Episode 200 — The Foster Wheeler FCPA Enforcement Action

The Justice Department and the Securities Exchange Commission are back in business.  The first corporate FCPA enforcement action in 2021 came after a six-month hiatus in 2021. The first case against a corporate entity in 2021 is an interesting one because it reflects a coordinated settlement not only between DOJ and the SEC but the U.K.’s Serious Fraud Office and Brazil’s Ministério Público Federal (MPF),...

Happy 4th of July

To all our clients, colleagues, friends and family, Happy 4th of July. Here’s to the great future ahead. Happy 4th!!

EU Whistleblower Directive: A Primer (Part II of IV) – Internal and External Reporting

Alex Cotoia rejoins us for part II of his IV-part series on the EU Whistleblower Directive. Alex can be reached at [email protected]. Article 7 of the Directive instructs member states to encourage reporting through internal organizational channels first, where the risk of retaliation is remote, and the reported breach can be effectively addressed on an internal basis.[1] Private sector organizations with 50 or more workers...

EU Whistleblower Directive: A Primer (Part I of IV) – An Overview

Alex Cotoia, Regulatory Compliance Manager at the Volkov Law Group, joins us for an informative four-part series on the EU Whistleblower Directive. Alex can be reached at [email protected]. Directive 2019/1937 of the European Parliament and Council dated 23 October 2019 on the “protection of persons who report breaches of Union law” (the “Directive”)[1] is set to enter into legal force on 17 December 2021—the deadline...

Lessons Learned: Foster Wheeler FCPA Settlement Underscores Danger of Third-Party Risks (Part III of III)

We all know and hear about third-party risks – over and over again. Despite this recurring theme, organizations continue to pay the price for failing to address third-party issues.  It does not take a rocket scientist to address third-party risks.  All too often, corporations flirt with a third party because of the lure of a lucrative deal, an elusive contract, or a winning bid. When...

Foster Wheeler FCPA Action: Dancing with the Devil – Risky Third Parties (Part II of III)

FCPA settlement actions often underscore specific compliance risks for legal and compliance professionals. If there ever was a case where third-party risks were bungled, and even intentionally embraced, the Foster Wheeler case provides  an important reminder for any organization focusing on third-party risk management.  The Foster Wheeler FCPA resolution could not be timed any better – with the expected increase in FCPA enforcement activity, DOJ...

DOJ and SEC Announce First Corporate FCPA Settlement for 2021: Amec Foster Wheeler, a Wood Group Subsidiary, Agrees to Pay over $18 Million to Settle Bribery Charges in Brazil (Part I of III)

Fasten Your Seat Belts, Its Going to Be a Bumpy Ride” – Bette Davis (as Margo Channing), in All About Eve (1950) The Justice Department and the Securities Exchange Commission are back in business.  The first corporate FCPA enforcement action in 2021 came after a six-month hiatus in 2021.  While many commentators sought to read the tea leaves of some tactical change in FCPA enforcement,...

Supreme Court Narrows Computer Fraud Law

The federal criminal law prohibiting computer fraud has been in desperate need for a rewrite. Title 18, Section 1030, was drafted at a time in the mid-1980s when computer access was in its infancy — now, computer access is the primary terrain for serious criminal fraud, hacking and other transnational or organized crime. Given the current state of dysfunction in Washington, D.C., it is unlikely...