In an interesting political twist, the difference in approaches to antitrust enforcement between Democrat and Republican Administrations has been narrowing.  It used to be that the difference in party control of the Antitrust Division and the Federal Trade Commission would have a significant impact on enforcement priorities.  That gap is definitely changing and reflects growing agreement in the public in preventing anti-competitive conduct. Much of...

LRN consistently provides high-quality reports and important insights on ethics and compliance trends.  Each year, LRN’s Program Effectiveness Report is anticipated as an important source of cutting-edge ethics and compliance initiatives. LRN’s Code of Conduct Report includes a number of important benchmarks for companies to use as a measure of their compliance programs.  In its most recent report, LRN cites a number of important findings...

We continue to hear about the impact of apparent or real conflicts of interest — whether in government, in business, or in other organizations.  It is an issue of significant importance.  Within an organization, a perceived or real conflict of interest can undermine the very integrity of the organization and a specific person’s ability to act in a manner consistent with the organization’s interests. Scandals...

“Only when the tide goes out do you discover who’s been swimming naked.” — Warren Buffett You often hear chief compliance officers speak about benchmarking.  CCOs often reveal their competitive streaks when they collect information about  other companies’ compliance programs.  It can easily come off as a little insecure.  In fact, CCOs are seeking valuable information — trying to measure their company’s performance outside their...

As the dust settles on the U.S. Election, companies are quickly analyzing the implications for the economy, business environment, new enforcement priorities and compliance implications.  When new Administrations come into power, change is inevitable.  Given the change with President Trump’s return to the White House, and in light of several of his stated intentions, companies should prepare for this new environment. The Trump Administration’s priorities...

The Justice Department’s record of FCPA enforcement in 2024 has been disappointing.  With all of the hoopla and pronouncements surrounding the global war against corruption, DOJ suggested that enforcement in 2023 and 2024 would be robust.  Instead, 2024 was a year of fizzles, fits and starts, and ultimately a slow year of FCPA enforcement. The future under the Trump Administration will be interesting.  Based on...

We should all admit something (among many things) — reading through factual statements of bribery offenses, the facts all start to meld together.  Criminals are not as ingenuous or creative as they think, and the schemes they employ are fairly straightforward. Let’s start with one profound grasp of the obvious  — To pay bribes, criminals have to “steal” money from the company, that is, they...

Telefónica Venezolana C.A. (“Telefónica Venezolana”), the Venezuela-based subsidiary of Telefónica S.A. (Telefónica), the Spanish telecommunications company entered into a deferred prosecution agreement (“DPA”) and agreed to pay over $85.2 million to resolve DOJ FCPA charges stemming from bribery payments to Venezuelan government officials to secure preferential access to U.S. dollars in a currency auction. Telefónica Venezolana entered into a three-year DPA and the filing of a...

Webinar: DOJ’s Recent Compliance Program Guidance December 3, 2024, 12 Noon EST Sign Up HERE In September and November 2024, the Department of Justice issued revised versions of its Evaluation of Corporate Compliance Program (“ECCP”) and its Evaluation of Corporate Compliance Programs in Antitrust Criminal Investigations (“ECCP-Antitrust”), respectively. DOJ’s guidance continues to break new ground and reaffirm important compliance priorities, especially in areas involving technology...