Chief compliance officers have a lot of issues to balance on their plate. Experienced CCOs know that it is not possible to complete every objective, balance every changing risk, and continuously improve their respective...more
As we enjoy the remainder of the summer and get ready to launch into a new fall season (no, not football) but a time for renewal and recommitment, this may be a good opportunity to examine and analyze your own compliance...more
As Supreme Court Justice Potter Stewart eloquently opined in Jacobellis v. Ohio (1964), on the legal definition of obscenity, “I know it when I see it.” This same test applies to other issues as well — when it comes to an...more
There are lots of sources for compliance guidance — prosecutors, regulators, compliance organizations, and many others have set forth important and valuable guidance for the design and implementation of an effective ethics...more
OK, I admit it. I have been — and continue to be– hyper-focused on the proper role and responsibilities for Chief Compliance Officers. Not that I see any cause for alarm, but it is easy to lose focus in the sea of so-called...more
Let me paint a picture for you. It is not pretty. Unfortunately, this picture occurs all too often in the corporate governance landscape. ...more
Let me start with yet another profound grasp of the obvious — leadership requires many important interpersonal and intellectual capabilities. I do not intend to list the important ones right now but leadership requires an...more
It is hard to follow all the news, events and political trends across the globe. To the regular observer, the ability to identify, measure and respond to evolving risks has become more chaotic and near impossible. Risks are...more
CCOs, by definition, are careful and deliberate. It comes with the profession. As risk managers, CCOs are skilled in identifying, assessing and acting in a risk environment....more
6/30/2022
/ Anti-Corruption ,
Certification Requirements ,
Chief Compliance Officers ,
Compliance ,
Compliance Management Systems ,
Corporate Governance ,
Department of Justice (DOJ) ,
Regulatory Reform ,
Regulatory Requirements ,
Risk Management ,
White Collar Crimes
The new DOJ Certification requirements certainly raise a number of new issues and risks for senior management and chief compliance officers. In Part I of this series, I outlined the specific language and the Plea Agreement...more
6/29/2022
/ Anti-Corruption ,
Certification Requirements ,
Chief Compliance Officers ,
Compliance ,
Cooperative Compliance Regime ,
Corporate Governance ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Global Market ,
Plea Agreements ,
White Collar Crimes
The Department of Justice continues to respond to the compliance community’s concerns about the new certification requirement adopted as part of the Glencore FCPA enforcement action. DOJ has adopted this new requirement to...more
6/28/2022
/ Anti-Corruption ,
Certification Requirements ,
Chief Compliance Officers ,
Compliance ,
Cooperative Compliance Regime ,
Corporate Governance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Foreign Corrupt Practices Act (FCPA) ,
Plea Agreements ,
Statutory Violations
In a homecoming speech, DOJ’s Assistant Attorney General Kenneth Polite gave a rousing speech to a room full of compliance professionals at the annual Compliance Week meeting in Washington, D.C. AAG Polite, who has served as...more
Chief compliance officers have plenty of things to do and risks to manage. CCOs have a unique remit and a set of skills that should be applied whenever needed. While I am not trying to increase CCO workload (and forgive me...more
2/2/2022
/ Antitrust Division ,
Antitrust Violations ,
Cartels ,
Chief Compliance Officers ,
Compliance ,
Corruption ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Risk Assessment ,
Sherman Act ,
White Collar Crimes
Chief compliance officers have a difficult job (to say the least). If everything goes well, they are hailed as heroes. If a major problem occurs, everyone looks to the CCO to find out why the problem occurred. In the...more
Chief compliance officers play a key role in managing a company’s ethical culture. Most companies fail to pay proper attention to its culture because it is difficult to define, measure and monitor. Such an approach is...more
On October 28, 2021, U.S. Deputy Attorney General Lisa O. Monaco—a veteran of government service in previous Administrations and a champion of corporate accountability—announced several significant changes to current...more
11/10/2021
/ Biden Administration ,
Chief Compliance Officers ,
Compliance ,
Corporate Culture ,
Corporate Misconduct ,
Corporate Monitoring ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Priorities ,
Ethics ,
Foreign Corrupt Practices Act (FCPA) ,
Policy Statement ,
Prosecutorial Discretion ,
White Collar Crimes
If you follow my blog, you know that I am passionate about the compliance profession. Chief compliance officers have unique talents, expertise and leadership qualities. CCOs are committed ethics warriors. No one else can...more
Chief compliance officers are creative professionals. This is one of many areas of expertise. But when it comes to corporate politics, many CCOs know how to package and promote their mission....more
The Justice Department’s Antitrust Division has targeted collusion in labor markets for criminal prosecution. This was not unexpected. Indeed, the Antitrust Division gave plenty of warning to companies that criminal...more
10/4/2021
/ Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Cartels ,
Chief Compliance Officers ,
Collusion ,
Compliance ,
Corruption ,
Criminal Conspiracy ,
Criminal Prosecution ,
Enforcement Actions ,
Human Resources Professionals ,
No-Poaching ,
Non-Compete Agreements ,
Wage-Fixing ,
White Collar Crimes
Chief compliance officers need the support and advocacy of the corporate board to have a chance to succeed. A CCO has many important relationships to protect and nurture within the company. None is more important that the...more
Chief compliance officers can occasionally suffer from a “complex” (akin to the Jungian one). CCOs and their priorities are often pushed aside in favor of “more important” corporate initiatives. CCOs are used to fighting...more
9/21/2021
/ Business Plans ,
Business Strategies ,
Capital Investments ,
Chief Compliance Officers ,
Compliance ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Ethics ,
Publicly-Traded Companies ,
Sustainability
Compliance officers and business managers need each other, whether they like it or not. The CCO has to enlist the business to own and take responsibility for compliance. Compliance cannot ensure compliance throughout an...more
Chief compliance officers are always hungry for benchmarking data, for comparisons and insights around how their respective compliance programs stack up against other companies, especially in the same industry. Compliance...more
Ethics and compliance programs face a rapidly approaching crossroads. Technology and data have created significant pressure on CCOs to harness innovation. This is a major opportunity for improvement but it also creates real...more
“The truest measure of an effective compliance program is how it responds to misconduct.”— FCPA Guidance (2d. ed 2020) -
This straight-forward statement (above) of a company’s commitment to its “effective” compliance...more