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On paper it looks easy. In practice, it is much harder. In a multi-level organization, how do you encourage internal reporting and make sure important issues are raised to the appropriate level in an organization? This is an often over-looked issue and one that needs attention. A specific
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Sometimes we are right. Sometimes lawyers give the right advice. Sometimes we are not hyper-ventilating about risks. Many of my colleagues lost credibility with corporations when they equated the Bribery Act and the Sword of Damocles. Everyone knew deep in their hearts that the UK Bribery Act was a
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The stakes are high. Everyone knows that. The FCPA paparazzi likes to write about the importance of creating compliance programs to address the real risk to companies of SEC whistleblowers. Everyone agrees on the basic list of compliance improvements: changing the corporate culture and seeking to persuade the whistleblower to
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“There are two sides to every story and then there is truth.” Mark Twain I admire anyone who waded through the Schuelke-Shields report concerning allegations of prosecutorial misconduct in the Stevens case. There is no doubt the report is lengthy. But is it fair? Was there a true investigation
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FCPA commentators enjoy spending their time picking through the bodies of FCPA enforcement actions for trends and patterns. Sometimes trends are evident and sometimes they are not. One clear picture from FCPA enforcement in 2011 is that successor liability continues to flourish. FCPA practitioners use the shorthand for this enforcement
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Silicon Valley should take note. They are ripe for aggressive FCPA enforcement. The high-tech industry is a risk industry for bribery violations. Yet some say that the high-tech industry is behind the curve when it comes to anti-corruption compliance. The high-tech industry outsources a significant amount
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The Justice Department has promised to issue guidance on the meaning of the FCPA and the application of the law to infinite permutations in the real world. As I try to remind everyone, there is little chance that such guidance will resolve many of the more nettlesome issues facing companies,
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For those who like to focus on anti-corruption enforcement and compliance issues, I am sure there are times readers wonder why I post articles about corporate governance. In any company, "tone-at-the-top," requires good corporate governance. Senior management can do everything necessary to make a
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With all of the dangers surrounding healthcare companies, it is worthwhile to develop a targeted compliance plan focused on your significant risks. It is critical to avoid False Claim Act liability. The government’s HEAT strike force effort has been successful in ferreting out fraud and extracting large recoveries for
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With the improving economy, companies are expanding their efforts to look for strategic acquisitions in emerging economies. The potential benefits from such deals are real and it is hard for companies to turn down such opportunities. The success of such a strategy may depend on proactive compliance and realistic risk
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The headlines these days focus on the SEC whistleblower rules and the implications for corporations. While the whistleblower rules are important and justify vigilant compliance efforts, there is a more significant, and possibly damaging, trend for FCPA enforcement. Corporations now have to consider the risk that the government will conduct
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With the new SEC whistleblower rules, companies now face a difficult decision of whether and when to disclose to the SEC and DOJ potential FCPA violations. The issue is not new but the dynamic will certainly be different. For example, when it is clear that whistleblower intends to report allegations