“The truest measure of an effective compliance program is how it responds to misconduct.”— FCPA Guidance (2d. ed 2020) This straight-forward statement (above) of a company’s commitment to its “effective” compliance program is powerful.  In a nutshell, it says it all. Over the years as a federal prosecutor, and later as outside counsel, I have witnessed a variety of responses to misconduct.  On the one...

While the value of a positive corporate culture is clear, a strong culture does not always develop organically. Companies must devote attention to measuring, managing, and promoting ethical cultures. Let’s start with a simple proposition – if a company’s culture is its most important internal control and its most valuable intangible asset, a chief compliance officer (CCO) should devote commensurate time and energy to promote...