James L. Ervin, Jr. is a Partner at Roetzel & Andress, where he focuses his practice on regulatory enforcement, white-collar criminal defense, business litigation and public law. Much of his legal work is centered on the Foreign Corrupt Practices Act, the False Claims Act, the UK Bribery Act and other anti-corruption laws both in the United States and abroad. Mr. Ervin has worked with clients to develop, train and implement policies, procedures and protocols related to corporate compliance practices and has also represented numerous clients in federal and state healthcare and fraud related matters. Mr. Ervin earned his law degree from Capital University Law School and his undergraduate degree from The University of Arizona. He can be reached at [email protected] or 614-723-2081.
The U.S. government has been battling corruption for four decades through the Foreign Corrupt Practices Act, and in that time, some on the front lines of international business may have grown so accustomed to hearing about FCPA compliance that it begins to sound like white noise. Let's not let our guard slip... FCPA compliance is more crucial now than ever.
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In today’s world with a global economy, e-commerce, and utilization of technology to do business, the Big Bad Wolf will not knock on the front door. Instead, the Big Bad Wolf sits at home in its den using a computer to hack the data network and steal customer information, back accounts, social security numbers, and money.
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Some have taken issue with the Conflict Minerals Rules, asserting that they violate the First Amendment. According to a recent court decision, this is only partially true. The decision by the D.C. Circuit Court may yet be revised, however. It's been challenged already by the SEC. While we wait for the final word from the court, let's remain focused on compliance.
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Remaining in compliance with the SEC's requirements to disclose use of conflict minerals is an even trickier proposition than it seems. Organizations are liable to be on the receiving end of enforcement actions if any party across their supply chain is in violation of the Conflict Minerals Rules. It's in a company's best interest to step up their auditing and due diligence...
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