One of the most significant developments in the ethics space in recent years is the recognition that “paper” programs don’t afford meaningful protection against misconduct or its consequences. Established companies such as Nissan and Pacific Gas & Electric and media companies reeling from #MeToo scandals generally have a compliance infrastructure of lawyers, Codes of Conduct, training and hotlines but nonetheless their CEOs and senior managers have behaved as if these safeguards didn’t apply to them.… Continue Reading
All posts by Susan Frank Divers
The Criminal Division of the DOJ published expanded guidance on April 30 discussing the factors prosecutors should use to determine whether a company under investigation for misconduct will be regarded as having an effective compliance program.… Continue Reading
Last November, the FCPA Blog reported on Mary Barra’s “crazy” idea. She replaced the company’s ten-page dress code with two words: Dress Appropriately.
Despite giving the HR department fainting fits, the end result was positive according to the FCPA Blog’s report.… Continue Reading
Everyone knows that “tone at the top” is important in the ethics and compliance area but the phrase has become a tired and hackneyed cliché. The recent public implosions of established companies and start-ups however, add a fresh perspective and meaning to the concept by illustrating what happens when a CEO or C-suite sets a toxic tone at the top.… Continue Reading
The Guardian newspaper reported in September 2014 that the terms and conditions for signing up for free Wi-Fi in London included a “Herod clause” requiring “the recipient . . . to assign their first born child to us for the duration of eternity.”… Continue Reading