Tagged: documentation

ISO 37001: The Good, The Bad and the Ugly (Part II of V)

In Part II of my continuing series, I identify in broad strokes some of the more significant positive and negative aspects of ISO 37001. While it is easy to second-guess the ISO 37001 authors, there are some interesting issues that are addressed and some missed opportunities to advance ethics and compliance systems. On the positive side, ISO 37001 is keyed to a valuable concept of...

CCOs: The Importance of Documenting a Compliance Program

Tom Fox (here) frequently reminds every one of the importance of documentation to the integrity of a compliance program. A compliance program is only as good as the documents show. This principle is especially critical when a company has to respond to a regulatory inquiry or to an enforcement action. As we anticipate the testimony of former FBI Director James Comey in our current national...

The Only Thing You Have to Fear . . . Is No Documentation

Compliance is a profession that requires multi-tasking – another profound grasp of the obvious. But in the multi-tasking world, some principles and strategies are more important than others. My colleague and compliance guru Tom Fox has coined the mantra: “document, document and then make sure you document.” My contribution to this same mantra is along the same lines: “If you do not document, then in...

Three Keys to Minimizing Employment Litigation Risks

In this era of shooting-from-the-hip or bombastic Donald Trump comments, companies have to attend to reducing employment litigation risks. In this era of nuisance litigation and employment-focused litigation, companies need to take affirmative steps to reduce employment claims and related litigation. There are three key steps that every company should take in order to reduce employment litigation exposure.   Companies have to recognize potential employee concerns...

Building a Due Diligence Infrastructure (Part IV of IV)

A due diligence infrastructure is designed to demonstrate a company’s good faith commitment to compliance with anti-corruption laws by: identifying corruption risks; and mitigating such risks to ensure that the company does not violate the law. A much simpler way to put it is – a company’s due diligence system is designed to negate any inference of intent to violate the FCPA.   A due diligence...