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BCLP

Crime-Fraud Exception Destroys Privilege for Communications Between Former CEO of Public Company and His Outside Lawyer

BCLP on

On February 7, 2025, the Second Circuit ruled that the crime-fraud exception would prevent the  former CEO of a public company from invoking attorney-client privilege to prevent an outside lawyer and his law firm from...more

Society of Corporate Compliance and Ethics...

Albemarle: One year later

I had many ideas for an article that would expand on recent developments in the compliance and ethics space. My working title was the creatively light “Recent Developments.” But after meeting with SCCE & HCCA’s editorial...more

J.S. Held

INDEPTH FEATURE: Corporate Fraud & Corruption 2024

J.S. Held on

To what extent are boards and senior executives in your country of focus taking proactive steps to reduce incidences of fraud and corruption from surfacing within their company? Over the past several years, there has been...more

Holland & Knight LLP

Aumentan las sanciones por incumplimiento del SAGRILAFT y PTEE en empresas Colombianas

Holland & Knight LLP on

Dada la relevancia que actualmente está obteniendo la prevención de los riesgos y el cumplimiento normativo en el desarrollo de los negocios, la Delegatura de Asuntos Contables y Económicos de la Superintendencia de...more

The Volkov Law Group

The Evolution of the Compliance Profession

The Volkov Law Group on

One of the benefits of old(er) age is perspective and experience.  (As we age, we have to find the positive reasons to tout).  If there is one thing (of many) the compliance profession has demonstrated, it is that compliance...more

Skadden, Arps, Slate, Meagher & Flom LLP

Ten Key Factors for Boards To Consider When Weighing an Internal Investigation

Suppose you are a member of an audit committee and learn about a whistleblower complaint alleging wrongdoing at the company. Maybe it’s just an aggrieved former employee, and it has no merit. Maybe you should direct the...more

The Volkov Law Group

Refreshing and Elevating Your Sanctions Compliance Program (Part II of III)

The Volkov Law Group on

Let’s move beyond the headline – trade compliance is the new FCPA.  We get it.  The next step is to do something about it.  The Justice Department has repeated this refrain – it is one of its greatest hits.  In addition, DOJ,...more

The Volkov Law Group

Corporate Culture: Monitor, Intervene and Remediate (Part III of III)

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Once defined, installed, and surrounded with a consequence management system, a corporate culture is not fixed in stone.  To the contrary, as the business adapts through growth, innovation or in response to outside market and...more

Health Care Compliance Association (HCCA)

Ethikos Volume 36, Number 4. October 2022. Culture and code of ethics: Connecting the dots through measurement

Ethikos Volume 36, Number 4. October 2022 - Organizational culture seems to be discussed daily, yet few can define it. For our purpose, we can use a simple definition: the way we do things around here. Edgar Schein’s...more

The Volkov Law Group

NAVEX Annual Hotline and Incident Report: A Mixed Bag of Reporting Trends

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NAVEX recently released its annual Hotline and Incident Management Report.  Given NAVEX’s strong position in the hotline service market, NAVEX has access to a large volume of reporting data.  As a result, its annual report is...more

The Volkov Law Group

Remediating the Organization’s Culture (Part IV of IV)

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“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

The Volkov Law Group

Fixating on the Inextricable Link: Culture and Misconduct

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Everyone is now on the culture bandwagon.  For those of us pushing the issue over the last decade, welcome aboard to everyone.  But once you join, the work is only beginning. ...more

The Volkov Law Group

Watching a Slow Train Wreck – Culture Breakdowns Step-by-Step

The Volkov Law Group on

A corporate scandal does not occur overnight. (Thank you Bob Dylan). A CEO does not begin the day telling him or herself that today is the day to begin the Ponzi scheme or complex fraud.  It is hard to imagine but corporate...more

Latham & Watkins LLP

White Collar & Compliance Academy 2021 - Die Zukunft

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Compliance & Investigations im Jahr 2025 - „Wirksame Compliance erfordert ganzheitliche Ansätze.“ Was ist für die Themen „Compliance & Investigations“ im Jahr 2025 zu erwarten? Fünf Thesen von Prof. Dr. Thomas Grützner...more

Thomas Fox - Compliance Evangelist

A Compliance Self-Assessment

In June, the Department of Justice (DOJ) published an Update to their Evaluation of Corporate Compliance Programs (2020 Update) which set out to provide additional clarity on how enforcement officials will evaluate an...more

NAVEX

Justice Department Updates Business Compliance Guidance for 2020

NAVEX on

The Department of Justice issued additional clarification and revised guidance on June 1, 2020, for corporate program compliance programs. The additional guidance doesn’t introduce substantive changes; however, it emphasizes...more

The Volkov Law Group

The Future of Compliance: Building Bridges (Part II of III)

The Volkov Law Group on

As a passionate supporter of the compliance function, I continue to advocate for compliance officers and the importance of compliance to overall governance.  Good compliance means good business – we all know that....more

Thomas Fox - Compliance Evangelist

CCO Lessons from A Charlie Brown Christmas

Delegation is always a key technique in improving productivity. However, you should not simply “shove things off your plate” but use the opportunity to give specific and new challenges to employees to help in their own career...more

The Volkov Law Group

The Current State of Compliance and Internal Audit Partnership

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Compliance officers and internal auditors are natural partners and allies in the compliance governance landscape.  As the compliance profession and influence grew, compliance officers often leaned on internal auditors for...more

Thomas Fox - Compliance Evangelist

Casebook of Sherlock Holmes: The Creeping Man and Risk Management by the Board

CCO reporting to the Audit/Compliance Committee must be structured carefully to promote ethics and compliance. Here are five best practices to help guide the reporting....more

McDermott Will & Emery

Corporate Law & Governance Update - May 2019

McDermott Will & Emery on

IMPORTANT BOARD COMPOSITION DEVELOPMENT - The board’s nominating committee will benefit from an overview of The Conference Board’s important new survey on board composition, turnover and refreshment. According to the...more

The Volkov Law Group

Corporate Culture and “Benign” Indifference

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People are good at convincing themselves that everything is okay, despite troubling indications. Sometimes it is easier to ignore warning signs than to face the harsh reality....more

Hanzo

The Compliance Implications of Operation Varsity Blues: A Conversation with AP Capaldo-Aoun, LPEC

Hanzo on

On the afternoon of Monday, April 8th, 2019, I spoke with AP Capaldo-Aoun, a global compliance attorney and director of E&C at a Fortune 100 technology company, about the compliance implications of Operation Varsity Blues....more

The Volkov Law Group

Where Has All the Money Gone? Longtime Passing, Oh Where Has it Gone?

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Compliance officers have enough challenges. Most compliance officers, if you ask them, will candidly admit they are constantly putting out fires. It is just part of the profession and comes with the territory....more

Thomas Fox - Compliance Evangelist

What is the role of a CCO in strengthening the ethical culture of an organization?

Today, I want to consider what is the role of a Chief Compliance Officer (CCO) in strengthening the ethical culture of an organization.  This blog post is based on, in part in an interview I did with Eric Feldman from...more

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