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
In November 2012, the SEC and DOJ released a joint Resource Guide to the Foreign Corrupt Practice Act to much fanfare. While some FCPA practitioners found the Guide underwhelming, others considered it a “thoughtful attempt to .… Continue Reading
Over the course of the prior posts in this series, we examined various approaches to what we call “parental controls,” meaning compliance measures aimed at joint ventures and other affiliated entities that a company might employ.… Continue Reading
Our most recent post in this series considered compliance programs in the holding company context. In this sixth installment of eight posts on “parental controls,” we turn to more actively managed subsidiaries.… Continue Reading
In this fifth of an eight-part series on “parental controls,” we turn from consideration of compliance programs in joint ventures (JVs) to exploring such programs in the context of other affiliated entities.… Continue Reading
In this fourth of eight installments, we look at risk assessments and mitigation measures for joint venture (JV) interests. You can find Parts One, Two, and Three here.
Risk assessments are an important tool for JVs to understand their compliance risks better and for parent companies to monitor those risks and mitigation measures.… Continue Reading
In this third of an eight-part series on “parental controls,” we explore the types of compliance provisions that should be considered for inclusion in a joint-venture (JV) agreement. You can find Part 2 here and Part 1 here.… Continue Reading
Due to the strict liability approach governing the FCPA’s accounting provisions, public companies generally include majority-owned subsidiaries in their anti-corruption compliance programs. But what is the best compliance governance approach for other “parent-child” contexts?… Continue Reading
The U.K. Serious Fraud Office issued a news release on Friday 13th January stating that it has reached a civil settlement with the shareholders of Mabey Engineering (Holdings) Ltd to pay over £130,000 it received in dividends from Mabey & Johnson Ltd, its wholly owned subsidiary.… Continue Reading
Oil is big business. And it leads some companies to take big risks with FCPA compliance.
Take Cobalt International Energy, Inc., for example.
In its annual report filed with the SEC on March 1, Cobalt repeated a disclosure, of sorts, about FCPA compliance in an Angolan development project.… Continue Reading
RAE Systems of San Jose agreed in a non-prosecution agreement to pay a criminal penalty of $1.7 million, and in an agreement with the SEC to pay $1,147,800 in disgorgement and $109,212 in prejudgment interest.… Continue Reading
Millipore’s announcement last week was unusual. The Massachusetts-based life science firm said in its 10-Q that the SEC won’t bring an enforcement action for potential Foreign Corrupt Practices Act violations the company self-reported in 2006.… Continue Reading
Compliance-savvy executives worry about the risks that come from third parties — overseas acquisition targets, joint venture partners, distributors and agents. About three quarters of the bosses, according to KPMG’s 2008 Anti-Bribery and Anti-Corruption Survey, think their company’s handling of intermediaries isn’t working.… Continue Reading
