Compliance

The DOJ's updated corporate enforcement policy continues to push companies to self-disclose potential criminal issues "at the earliest possible time" and introduces new potential rewards for doing so, especially for companies with prior criminal histories. The policy also gives prosecutors more discretion to reward degrees of corporate cooperation and remediation. However, as Miller & Chevalier’s John E. Davis and Surur...

The Family and Medical Leave Act turned 30 years old this month, and while the law protects (some) workers’ jobs, it also comes with a host of hoops to jump through, both for businesses and for workers. Compliance and legal experts weigh in on what works about FMLA — and what should change. “The need for this legislation is clear....

Podcaster and compliance expert Tom Fox digs into the details of a recent Delaware Chancery Court decision and how it could change everything for chief compliance officers.

Annual changes to merger and acquisition notification thresholds are mandated by the Hart-Scott-Rodino Act (HSR), which ties the threshold to the gross national product. As such, HSR notification thresholds are rising in 2023 as expected, but bipartisan legislation passed late last year means that starting in 2024, HSR-mandated filing fees will also be tied to an economic index. Katherine I....

American antitrust authorities are using novel (and controversial) legal theories to further the Biden Administration’s aggressive antitrust posture. As Michael Peregrine and Justin P. Murphy of McDermott Will & Emery assert, this expansive view of corporate antitrust must also be reflected in compliance programs. Increasing criminal antitrust enforcement focus and activity argues strongly for companies to expand the antitrust-specific elements...

About two-thirds of American employees work remotely at least part of the time. Ensuring compliance means more than just making sure they log on at the right time. Tax expert Jennifer Stein talks about the importance of aligning all your organization’s stakeholders to reduce risk. As companies pivot to address a shifting workforce, aligning key stakeholders is more important than...

Ever-evolving regulatory requirements, consumer demand and investor expectations are all forcing manufacturers to increase the transparency of their supply chain, but few organizations have arrived at that destination, according to a new survey by SaaS supply chain provider Assent. The survey of 152 organizations, conducted in conjunction with Endeavor Business Media, found that 76% of complex manufacturers are still in...

Too few organizations are embracing compliance culture, according to a survey by FTI Consulting and Ethico, which found that while executive pressure to show compliance programs’ value is increasing, their resources — financial and otherwise — aren’t. The findings reveal the extent of dysfunction within organizations when it comes to the importance of compliance and ethics programs, said Angie Gorman,...

Corporate counsel’s obligations are heavy, but swift and complete cooperation are key

Learn more about how compensation can reinforce compliance culture (or not) Encouraging Good, Discouraging Bad Incentives in Compliance What’s in this report from podcaster and compliance expert Tom Fox:Many companies overlook the importance of compensation and incentives when it comes to reinforcing the compliance program and instilling a culture of compliance. They do so to their detriment, writes compliance expert...

2022 was an active year for antitrust enforcement; what will 2023 hold? Where Do We Stand in 2023? The State of U.S. Antitrust Enforcement What’s in this report from law firm Paul | Weiss:This year may prove to be a watershed one for antitrust enforcement, as the Biden Administration is expected to release new merger guidelines and several major cases...

Companies accused of corporate crimes will have more incentives to disclose misconduct they uncover and cooperate with federal investigations, Assistant Attorney General Kenneth Polite Jr. said Tuesday. In remarks at Georgetown University’s law school, Polite seemed to soften the Biden Administration’s corporate criminal enforcement stance and offer more carrots in the government’s “carrot-and-stick” policies in the form of fewer prosecutions...