In a major development in ethics and compliance program expectations, the Justice Department has issued a new and important revised guidance on the Evaluation of Corporate Compliance Programs....more
5/2/2019
/ Best Practices ,
Chief Compliance Officers ,
Corporate Counsel ,
Corporate Culture ,
Corporate Officers ,
Department of Justice (DOJ) ,
Directors ,
Ethics ,
New Guidance ,
Policies and Procedures ,
Risk Assessment ,
Senior Managers
It is always easy to second-guess or look back with 20-20 hindsight on a compliance breakdown and point out all the problems that were ignored or created by corporate actors. There are common factual scenarios that recur in...more
4/9/2019
/ Compliance ,
Corporate Culture ,
Corporate Governance ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Ethics ,
Integrity Policies ,
Internal Audit Functions ,
Internal Controls ,
Regulatory Standards ,
White Collar Crimes
And now we return to a familiar theme with some important updates – I always start with the simple proposition: ethical companies perform better over the long run; that does not mean that ethical companies will always be...more
There is nothing training cannot do. Nothing is above its reach. It can turn bad morals to good; it can destroy bad principles and recreate good ones; it can lift men to ‘angel ship. – Mark Twain...more
The corporate scandal landscape is littered with important examples of governance failures surrounding corporate ethics and mishandling of harassment and sexual assault controversies. ...more
2/12/2019
/ #MeToo ,
CBS ,
Code of Conduct ,
Compliance ,
Corporate Culture ,
Employee Misconduct ,
Employer Liability Issues ,
Ethics ,
Google ,
Risk Management ,
Sexual Harassment ,
Tone At The Top
There is no question that corporate leaders, senior executives, legal and compliance staff, and internal auditors recognize the value of an ethical corporate culture. ...more
A fundamental requirement for an effective ethics and compliance program is that it is supported by “adequate resources.” This does not mean a bare minimum requirement; nor is this requirement satisfied by flat-lining a...more
For me, the year-end retrospectives have become a rite of passage. While there has been modest changes and trends in the enforcement arena, I am amazed each year at the pace at which compliance as a discipline and a...more
Business operations can be riddled with inefficiencies. It is easy to spot them inside a company. The same rule applies to ethics and compliance programs. ...more
1/22/2019
/ Anti-Corruption ,
Anti-Money Laundering ,
Compliance ,
Corruption ,
Economic Sanctions ,
Ethics ,
Export Administration Regulations (EAR) ,
ITAR ,
Trade Suspensions ,
Voluntary Disclosure Agreement ,
White Collar Crimes
Compliance professionals have an obsession with benchmarking their compliance programs. Why are compliance officers so obsessed with such comparisons?...more
Employee hotlines are – sorry about this – a “hot” topic these days in compliance.
NAVEX Global’s recent study confirmed the importance of an effective hotline system. Companies that implement robust and widely-used...more
This is my favorite topic. New trends come and go in the compliance field, while effective solutions and strategies slowly but surely take hold. Eventually, an effective compliance practice or strategy becomes a “best...more
The government has emphasized the dangers of a paper compliance program, meaning a compliance program that is written down but not implemented. ...more
I do not think there is much disagreement on the basic purpose of an ethics and compliance program. After all, one of the primary sources for compliance programs continues to be the United States Sentencing Guidelines which...more
It is distressing that corporate boards, CEOs and senior managers receive adequate training. Many CCOs are reluctant to face this issue and recommend (or insist) on appearing before their corporate boards to conduct such...more
The beauty of an effective ethics and compliance program is captured in the well-known phrase that it is worth much more than the sum of its parts....more
The Ethics and Compliance Initiative (“ECI”) continues to publish important surveys and studies. In a recent report, the ECI cited important research from its Q3 Global Business Ethics Survey (“GBES”) demonstrating the value...more
NAVEX Global continues to publish important research and guidance on ethics and compliance program (benchmark reports for hotline systems, third-party risk management systems, and policies and procedure management)....more
We all enjoy citing Supreme Court Justice Potter Stewart’s famous description relating to obscene materials, “I know it when I see it.”...more
Chief compliance officers face a mountain of tasks – it is easy to get overwhelmed. Add to the mix the fact that CCOs are under extraordinary pressure to “prevent and detect” potential violations of the company’s code and...more
Right up front, I want to confess. I am a lawyer, and I love being a lawyer. So forgive me for this posting and perhaps my narrow-minded view but I have to take a moment to express some concerns about ethics and compliance....more
I am definitely an optimist. Frankly, there is no alternative. Pessimists, by definition, ensure that the result they fear will occur. Another way of saying the same thing – karma is destiny....more
Compliance officers have a difficult job.
So why are so many people interested in joining the profession?
At bottom, compliance professionals are inspirational professionals and inspired by their mission. Compliance...more
In light of the evolving (or evolved) DOJ and SEC approach to FCPA enforcement in the merger and acquisition context, global companies have to emphasize their post-acquisition process. ...more
9/14/2018
/ Audits ,
Code of Conduct ,
Compliance ,
Corporate Communications ,
Corporate Officers ,
Department of Justice (DOJ) ,
Directors ,
Due Diligence ,
Employee Training ,
Ethics ,
FCPA Guidance ,
Integration ,
Securities and Exchange Commission (SEC) ,
Transitional Arrangements
Several years ago (or in the recent past as some would say), pre-acquisition due diligence was a major compliance focus for global companies that grew through aggressive merger and acquisition strategies. ...more
9/13/2018
/ Acquisition Agreements ,
Anti-Corruption ,
Code of Conduct ,
Compliance ,
Due Diligence ,
Ethics ,
FCPA Guidance ,
Internal Controls ,
Popular ,
Risk Assessment ,
Successor Liability ,
White Collar Crimes