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The Trump Effect on FCPA Enforcement

Posted by - October 24, 2017
As U.S. Enforcement Lags, International Attention to Domestic Corruption Takes a Front Seat Despite assurances from senior DOJ officials that the U.S. would maintain robust enforcement of the FCPA, enforcement has waned in the first eight months of the Trump presidency, with the DOJ and SEC combined announcing only four…
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Good News for Whistleblowers

Posted by - October 10, 2017
SEC Issues Statement on Cybersecurity High-profile data breaches seem to come fast and frequently these days. Last month, the Securities and Exchange Commission revealed it was the target of a cyberattack through which the criminals gained access to nonpublic information. With the announcement, the SEC declared its renewed focus on…
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How Counsel Relationships Can Increase Scrutiny

Posted by - October 3, 2017
Rethinking Independence in Internal Investigations Demonstrating and ensuring independence in internal investigations is a critical issue for corporate counsel to consider, especially when facing or anticipating parallel regulatory probes. How to properly do so is a nuanced process: as this piece explores, it is not as simple as the binary…
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OCIE Releases Cybersecurity Risk Alert

Posted by - October 2, 2017
Firms Falling Short on Preparedness As a part of a cybersecurity initiative, the SEC’s Office of Compliance Inspections and Examinations (OCIE) recently performed examinations of 75 firms to assess industry practices and compliance issues associated with cybersecurity preparedness. The exams revealed systemic failures. The results are summarized in a Risk…
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Protecting Your Corporate Culture

Posted by - September 8, 2017
The Objective of Due Diligence There is immense benefit to thoroughly vetting third parties, and it goes far beyond avoiding enforcement actions from the likes of the SEC, DOJ and other regulatory agencies. When you do business with risky suppliers and vendors domestically or abroad, you put your organization’s reputation…
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Setting the Tone: No Back Seat for the CEO

Posted by - August 24, 2017
How the CEO Can Best Support Compliance Keeping a tight rein on compliance is the name of the game for every business entity, whether early-stage, family-owned or large multinational. And – while it’s the CEO who ultimately sets the tone – the culture of compliance has a strong foundation in…
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Initial Coin Offerings and the SEC

Posted by - August 4, 2017
ICOs Are Challenging Basic Assumptions If the SEC attempts a more robust approach with initial coin offerings, the broader market’s reaction with be fascinating. In this article, Christian Auty article examines why ICOs present a challenge for the SEC and how this impacts regulatory oversight. According to the SEC, about…
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AG Sessions Vows to Continue Enforcement of FCPA

Posted by - July 20, 2017
Penalties for Noncompliance Remain Severe Attorney General Jeff Sessions has identified enforcing the Foreign Corrupt Practices Act as a high priority for the Trump administration in its ongoing efforts to combat corporate misconduct.  News of this, along with other statements by officials within the Department of Justice, came as a…
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The Kokesh Decision

Posted by - June 9, 2017
One Question Answered, Others Left Open In a recent Supreme Court decision, the nation’s highest court limits the SEC’s power to recover ill-gotten gains. It’s a seeming victory for Wall Street and a blow to regulatory authorities’ enforcement powers. But, as Tom Fox discusses, this decision raises more questions than…
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TRACE Podcast: Madoff and Belfort

Posted by - June 7, 2017
Ike Sorkin, formerly of the SEC and DOJ and later a white collar criminal defense counsel, is best known for representing Bernie Madoff and Jordan Belfort. Alexandra Wrage and Mr. Sorkin discuss the differences between these well-known financial crimes and the institutional breakdowns that allowed the perpetrators to fly under…
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Preparing to Hyperlink

Posted by - June 7, 2017
8 Helpful Tips Issuers Should Know The SEC’s new rule amendment requiring issuers who present exhibits in numerous regulatory forms to begin providing active hyperlinks is drumming up plenty of questions. The confusion is particularly acute because larger issuers are required to begin adhering to the SEC’s new hyperlinking rule Sept.…
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10 Principles for Effective Board Risk Oversight

Posted by - June 5, 2017
The National Association of Corporate Directors published an authoritative guide in 2009 on risk governance, and the principles outlined therein are as relevant today as ever. Jim DeLoach provides an analysis of each of the 10 principles, demystifying the process of evaluating board risk oversight.