Harry Cassin
Publisher and Editor
Andy Spalding
Senior Editor
Jessica Tillipman
Senior Editor
Bill Steinman
Senior Editor
Richard L. Cassin
Editor at Large
Elizabeth K. Spahn
Editor Emeritus
Cody Worthington
Contributing Editor
Julie DiMauro
Contributing Editor
Thomas Fox
Contributing Editor
Marc Alain Bohn
Contributing Editor
Bill Waite
Contributing Editor
Shruti J. Shah
Contributing Editor
Russell A. Stamets
Contributing Editor
Richard Bistrong
Contributing Editor
Eric Carlson
Contributing Editor
When the DOJ and SEC published their FCPA Resource Guide, they emphasized the connection between remedial action and enforcement. The Guide makes clear that no company can expect a favorable FCPA resolution unless it takes adequate remedial action, and conversely, companies that fail to do that are more likely to face charges and harsher FCPA penalties.… Continue Reading
The world’s new standard for measuring and reporting ESG (environmental, social, and governance) is the Stakeholder Capitalism Metrics. That document was published in September 2020 under the auspices of the World Economic Forum “in collaboration with Deloitte, EY, KPMG and PwC.”… Continue Reading
Contracts between companies and third parties might be the usual bailiwick of lawyers. But any robust program should give compliance officers a chance to know what compliance-related language is in those contracts, or what’s missing, and have a voice in the contract approval process.… Continue Reading
Quiet quitters, known during prior generations as corporate lifers, survivors, zombies, and burned-out cases, are everywhere, at least judging by their social media presence. They’re what comes next after the Great Resignation — mainly younger corporate workers who stay on the job but do nothing extra, their purpose being to seek a better work-life balance, protect against total burnout, and keep from being exploited.… Continue Reading
Both journalists and compliance professionals are gatekeepers. They have a similar duty to find and report the truth for the public welfare. So, thinking I could learn something, I searched for a code of ethics for journalists and found several.… Continue Reading
Following recent SEC filings that described previously unreported FCPA-related investigations, there are at least 100 confirmed ongoing investigations overall, with 20 new active investigations first disclosed since the start of 2020, according to data from FCPA Tracker.… Continue Reading
What can a company do to convince prosecutors, regulators, and sentencing judges that it is committed to compliance? The question needs an answer because commitment is the feds’ threshold issue and the top-ranked hallmark when evaluating compliance programs.… Continue Reading
Compliance programs work most of the time because most people tend to respond in similar ways to similar circumstances. In behavioral science, those tendencies are sometimes called “effects.” Some effects can strengthen compliance programs; others can weaken them.… Continue Reading
The UN Convention Against Corruption (UNCAC), ratified in 2005, endorsed the post-colonial idea of independent anti-corruption agencies as a best practice to fight graft at the country level. Today, around 60 countries have at least one independent anti-corruption agency.… Continue Reading
Compliance professionals have known for decades that intermediaries are involved in nearly all FCPA anti-bribery violations. The DOJ and SEC say plainly that FCPA enforcement actions “demonstrate that third parties, including agents, consultants, and distributors, are commonly used to conceal the payment of bribes to foreign officials in international business transactions.”… Continue Reading
I’m reluctant to tackle this topic for a couple of reasons. First, it’s going to be unpopular. We’re all the same. When we make a mistake, our first impulse isn’t to admit the mistake but to hide it.… Continue Reading
Not long ago, it was common for smart-alecky lawyers at FCPA conferences to make a big deal about “anything of value” not being defined in the FCPA (as in, the FCPA prohibits “the payment, gift, offer, or promise of anything of value”) and there being no de minimis threshold for bribes.… Continue Reading
