How important are ‘represent, covenant, and warrant’ in anti-corruption clauses?
These verbs appear in anti-corruption compliance clauses with great regularity, but what do they mean, and are they really necessary?… Continue Reading
These verbs appear in anti-corruption compliance clauses with great regularity, but what do they mean, and are they really necessary?… Continue Reading
Several well-known lists rank colleges and universities in the United States. Rankings that take into account diverse factors — class size, teacher-to-student ratio, financial aid, campus social life — are useful as a relative assessment of quality and allow future students to evaluate which schools might be good matches for their own temperaments, needs, resources, and goals.… Continue Reading
A new anti-corruption regulator in Korea will start work imminently, targeting high-ranking government officials and potentially impacting private companies and their employees.… Continue Reading
As I look back over the FCPA developments from 2020, one thing stands out: the DOJ and SEC continue to demand robust compliance controls. In some cases, the agencies reinforced long-standing expectations, and severely punished companies that strayed from them –something old.… Continue Reading
Performance management is a key part of organizational culture and leadership messaging. The way goals are set affects people’s behavior – Key Performance Indicators give employees guidance on how to act and prioritize.… Continue Reading
How much has FCPA enforcement and compliance changed over the last decade? Ask anyone who’s been around, and they’ll probably say “a lot” or “completely.” Perhaps the most telling metric quantifying this change is the average size of a corporate FCPA resolution.… Continue Reading
Deutsche Bank AG agreed Friday to pay the DOJ and SEC $122.9 million in penalties and disgorgement to resolve FCPA offenses in China, Italy, Abu Dhabi, and Saudi Arabia.… Continue Reading
For decades, policymakers and corporate CSR departments have undertaken sustained, sincere efforts to clamp down on labor abuses such as slavery, perilous working conditions, and wage theft. Sadly, the results so far appear limited if recent studies are any indication.… Continue Reading
On December 26, 2020, China amended its Criminal Law to increase the penalties on “non-state functionaries” for taking or soliciting bribes.… Continue Reading
In 2020, the DOJ and SEC brought FCPA enforcement actions against 12 companies and imposed financial penalties totaling a record $6.4 billion. For a comparison, in 2019, 14 companies paid a (then) record $2.9 billion to resolve FCPA cases.… Continue Reading
Beginning in 2008, when Siemens resolved its mega-FCPA case for $800 million, December has been a month of FCPA fireworks.… Continue Reading
Odebrecht, the Brazilian construction giant that entered into a $3.5 billion global bribery resolution in December 2016 with authorities in the United States, Brazil, and Switzerland, announced last month the completion of independent external compliance monitoring.… Continue Reading