Compliance

If your company's proposed merger is subject to an investigation by U.S. or EU authorities, the likelihood the deal will result in a complaint or abandonment is at a 10-year high in both jurisdictions. In the states, an uptick of DOJ and FTC activity is expected in 2022.  Fast Facts United States The number of significant U.S. merger investigations concluded...

Clamored for in Europe, already implemented in China, Central Bank Digital Currencies (CBDCs) are viewed by many American leaders as unnecessary. The U.K., meanwhile, expects to develop one somewhere down the road. Skadden experts run down where regulators are at with CBDCs, and what may come to pass in the near future.  Rundown of Central Bank Digital Currencies The Bank...

Risk and compliance teams are familiar with potential enforcement from federal regulators. But action from state attorneys general (acting alone or in coalition) can take the unsuspecting business completely by surprise. And in recent years, those actions have grown more frequent, and the penalties more severe.

Risk managers and CCOs take note: DOJ and FTC have signaled a new era of antitrust enforcement. Leadership at both agencies is revamping guidance, and years-long efforts are beginning to bear fruit. Any company operating in a concentrated market could feel the effects of these changes.  There is no question that we are facing a “perfect storm” of antitrust enforcement. ...

Companies that enter the public market have one thing in common: They must comply with the Sarbanes-Oxley Act of 2002 (SOX). But preparing for SOX compliance can be a challenging balance amid the competing priorities of a public offering. A SOX framework focused on people, process and technology may help keep SOX readiness on track. Deloitte, the world's largest professional...

The COVID-19 pandemic has proven an inflection point for the use of AI and ML technology in the health care sector. Regulators across jurisdictions have provided guidance, but many uses and implementations of AI remain in their infancy. To navigate this legal quagmire, boards will need to use every tool and resource at their disposal.  Health care industry investment in...

Results of a recent Ethics and Compliance Initiative (ECI) survey indicate that a majority of CCOs can’t be sure whether DOJ follows its own guidance when accounting for self-reporting and other incentivized action in the penalties it hands down. That uncertainty makes going after those incentives a risky and venture.

Demand for ESG-aligned asset management has induced many advisors to take the Net Zero Asset Managers Initiative (NZAMI) Commitment. Lance Dial and Miranda Lindl O'Connell argue, however, that making this pledge calls for careful planning and consideration of fiduciary duties.  Many asset managers are signing up for the Net Zero Asset Managers Initiative (NZAMI), a commitment to support the goal...

As the COVID-19 pandemic rolls into its second full year, it's reasonable to reflect on the massive changes the virus has wrought. But for professionals working in compliance, the reality is the past 24 months of change may only be the beginning thanks to the introduction of new laws, rules and regulations with which they must contend.  To cope with...

Many are quick to say that improving diversity, equity and inclusion (DEI) makes business sense for any company. But what does that actually look like for HR, risk and compliance professionals? In a chapter of his latest book, Intended Consequences, General Catalyst Managing Director Hemant Taneja describes three successful DEI initiatives and their positive downstream consequences.  It's common today for...

Where dollars go, regulation, reporting and risk follow. The demand and interest in ESG-aligned corporations shows no sign of ebbing, and businesses will need to do what they can to expand their ESG reporting and risk assessments. 2021 was a banner year for ESG (environmental, social, governance) investing, with nearly $650 billion invested into ESG-focused funds worldwide.  No one considers...

No one has surveyed the mental health and working conditions of compliance officers for 10 years. We decided that was long enough. The findings of a survey we conducted last year, discussed below, suggest that many COs work in a high-stakes environment where their progress is hard to measure, let alone recognize.