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As global enforcement becomes a reality, companies face a unique set of risks which can be mind-numbing in complications. With the long-arm reach of the FCPA, UK Bribery Act and other anti-corruption laws, more enforcement actions are focusing on extraterritorial conduct. Even more complicating is the fact
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The controversy around punishment and deterrence of corporate misconduct continues to swirl. As fines increase against companies, it is important to ask the question whether the current enforcement scheme adequately punishes and deters corporations. The issue was underscored by recent comments made by JP Morgan’s General Counsel three days
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When it comes to health insurance fraud, Carl Sagan’s obsession with the words – billions and billions -- are particularly accurate. As the government’s role in health care increases, it is inevitable that fraud against the government will increase as well. The False Claims Act is the primary weapon the
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Companies need to recognize the importance of responding effectively to a whistleblower complaint. The Enron case, and many others after that, started with a whistleblower complaint which the company either ignored or bungled in its response. I have repeatedly advised companies to develop a whistleblower triage strategy for assessing, responding
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There are so many potential pitfalls in conducting an internal investigation. I always say that there is an “art” to conducting an effective internal investigation. There are so many ways in which an investigator can be derailed, waste resources, and/or lose focus while conducting an investigation. One of the
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Everyone knows that a compliance officer does not need to be a lawyer. Some compliance professionals believe that lawyers do not make very good compliance officers – the jury is out on that. To me, what matters more is the personal attributes that a person brings to a job – are they
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Just when you thought something was a “trend,” the Department of Justice adopts a new policy approach. This year has been a very active enforcement year – the strongest year of FCPA enforcement since 2010. Starting with the Total settlement earlier this year, and continuing with the Diebold and Weatherford settlements,
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The government recognizes the importance of compliance and Chief Compliance Officers. In a number of recent speeches, the leadership of the Justice Department and the SEC have made important statements supporting corporate compliance programs and the role of chief compliance officers. SEC Commissioner Mary Jo White praised CCOs and the
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The SEC’s Whistleblower program has been steadily gaining momentum. The increase in whistleblower protections and incentives to report misconduct is a real and serious risk. Companies, however, have a lot on their plate these days, and it is hard to brush aside higher priority risks to address whistleblower issues.
![The Only Thing [In-House Counsel and CCOs] Have to Fear, Is Fear Itself](/content/images/size/w600/2025/04/fear.jpg)
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The idea of legal “marketing” has been diluted in the last few years. As businesses become smarter consumers of legal services, in-house counsel and Chief Compliance Officers are much better at deciphering legal mumbo jumbo. Perhaps the best example of legal marketing as an oxymoron, was the roll-out
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Companies are always fighting against stovepipes. It is inevitable but offices, divisions and/or functions within a company are always seeking an “advantage,” in competition against other parts of the company. A company dedicated to teamwork and collaboration is always fighting against the forces of resistance and turf protection. Stovepipes
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Consider it one of my (many) pet peeves – companies claim they have an “ethical” culture and cite the consistent statements by the CEO of his or her commitment to “ethics and integrity.” That’s it, that’s all, we have an ethical culture. Case closed, deal done, let’s move