General
As Supreme Court Justice Potter Stewart eloquently opined in Jacobellis v. Ohio (1964), on the legal definition of obscenity, "I know it when I see it." This same test applies to other issues as well -- when it comes to an effective ethics and compliance program, and an effective
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OK, I admit it. I have been -- and continue to be-- hyper-focused on the proper role and responsibilities for Chief Compliance Officers. Not that I see any cause for alarm, but it is easy to lose focus in the sea of so-called hot issues -- ESG, Diversity, Climate Change,
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Let me paint a picture for you. It is not pretty. Unfortunately, this picture occurs all too often in the corporate governance landscape. The first picture captures the presence of chief compliance officer in a stand-alone office in a mid-size public company. The company is not subject to
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Let me start with yet another profound grasp of the obvious -- leadership requires many important interpersonal and intellectual capabilities. I do not intend to list the important ones right now but leadership requires an understanding of influence and the use of symbolic actions that may resonate through an organization and
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It is hard to follow all the news, events and political trends across the globe. To the regular observer, the ability to identify, measure and respond to evolving risks has become more chaotic and near impossible. Risks are multiplying exponentially -- it can be overwhelming. In the end, however, ethics and
Podcasts
The Department of Justice continues to respond to the compliance community's concerns about the new certification requirement adopted as part of the Glencore FCPA enforcement action. DOJ has adopted this new requirement to "empower" CCOs and to ensure that CCOs have a "seat at the
Podcasts
In following the Justice Department and the Securities Exchange Commission FCPA enforcement actions, I am always reminded of the popular phrase — “reading the tea leaves.” (or “tasseography,” a fortune-telling method based on tea leave patterns in tea sediments). Despite a slow initial year in 2021, the Biden Administration’s
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In a homecoming speech, DOJ's Assistant Attorney General Kenneth Polite gave a rousing speech to a room full of compliance professionals at the annual Compliance Week meeting in Washington, D.C. AAG Polite, who has served as a CCO himself, embraced the mission of compliance officers as a
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I am reluctant to wade into the issue of CCO liability because I gravitate toward a simplistic answer to a complex question – when does a CCO cross the line to warrant civil or even criminal prosecution? My simplistic response is trite – “When they break the law or when the facts
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Alex Cotoia, Regulatory Manager at The Volkov Law Group, rejoins us for a post providing additional color into U.S. Deputy Attorney General Lisa Monaco’s recent announcement on changes to DOJ policies. Alex can be reached at acotoia@volkovlaw.com. On October 28, 2021, U.S. Deputy Attorney General
Podcasts
The Justice Department’s Antitrust Division has targeted collusion in labor markets for criminal prosecution. This was not unexpected. Indeed, the Antitrust Division gave plenty of warning to the high-tech industry and other companies that criminal prosecutions were on the horizon. DOJ handled initial prosecutions of labor market collusion
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If you follow my blog, you know that I am passionate about the compliance profession. Chief compliance officers have unique talents, expertise and leadership qualities. CCOs are committed ethics warriors. No one else can claim that same mission. CCOs are the natural stewards of a company’s ethical culture. Of