Compliance

How to avoid fraud and corporate crime (while improving compliance programs) from Rafael Aguilera Gordillo, professor of Corporate Compliance and International Security. Increasingly complex economic crime is jeopardizing justice in general and criminal law in particular. On many occasions, there are issues with effectively facing the questions and difficulties posed by corporate criminality and white-collar crime. For this reason, "traditional"...

Jay Rosen concludes his series on monitoring in health care with a consideration of how using an independent integrity assessment and monitoring can minimize negative impacts. Many compliance practitioners in the health care space (and those in commercial space) often ask if an independent integrity review and monitoring would be helpful where an organization may have reason to believe it...

Many organizations struggle with the payment Card Industry Data Security Standard. Lockpath’s Dennis Keglovits outlines what organizations can do to get ready for the requirement now and to maintain compliance with PCI DSS going forward. The Payment Card Industry Data Security Standard (PCI DSS) is a requirement for any entity storing, processing or transmitting customer cardholder data; essentially designed to...

Public companies based in the U.S. are choosing the less onerous (but riskier) of two possible methods for complying with new standards for recognizing revenue from customer contracts. This two-part series from Intelligize explores the new rules and provides insights for public companies subject to the new standards. Nearly 12 years in the making, the new rules cut across all...

Cowden Associates CEO Elliot Dinkin discusses the liability health care organizations assume when enlisting the services of a “business associate” and shares a couple of cautionary tales that make clear why third-party due diligence is so critical. Businesses with access to patient health data risk Health Insurance Portability and Accountability Act (HIPAA) violations that can lead to steep federal and...

SEI’s Kevin Byrne on why it’s imperative for firms to consider how they use data if they want to remain competitive. Clean capture is crucial, as is flexibility to adapt to a continually changing security environment. It seems the answer to every question recently has been “more data.” As our data pools grow, so too must our technological capabilities to...

Establishing a sustainable preservation plan is key for compliance and risk management. Onna’s Ish Alaoui outlines five key factors to weigh when looking to preserve data from cloud-based applications. The number of cloud-based applications and productivity tools used in the workplace is growing by the day. From Slack and GSuite to Dropbox and Office 365, today’s top workplace applications allow...

Debarment regimes exclude companies from public procurement opportunities following conviction of specified offences. Wendy Wysong, Tim Grave and Madeleine Parker discuss how though the regulation landscape is largely discretionary in the Asia-Pacific, these regimes are only likely to strengthen. with co-authors Tim Grave and Madeleine Parker Countries throughout Asia-Pacific are starting to exclude companies from public procurement opportunities following convictions for...

The DOJ’s Antitrust Division is at long last following the Criminal Division’s lead in awarding credit for a company’s strong compliance program. Baker Donelson’s Robert Hauberg, Jr. and James Holloway discuss what corporations can expect now. For years, the Antitrust Division of the Department of Justice resisted – in contrast to the Criminal Division – considering and awarding credit for...

Jay Rosen considers the significance of a monitor's proactive assessment of health care ethics and compliance (E&C) programs in determining culture. Not every health care organization has a good handle on how effective their compliance program is and whether the culture of the organization is such that compliance risks are likely to be promptly identified, mitigated and remediated. However, an...

As the third in a triumvirate of releases on compliance programs, the DOJ's Antitrust Division released its antitrust compliance program guidance in July. This follows the release of the ABC guidance from the DOJ's Criminal Division in April and the OFAC framework in May. These three documents go a long way in cementing the need for robust and effective compliance...

Cozen O’Connor’s Nicole Sprinzen and Thomas Ingalls discuss how, under the new Antitrust Division policy, an effective compliance policy would not only prevent antitrust violations, but also remediate them when they do occur. On July 11, 2019, the U.S. Department of Justice (DOJ) Antitrust Division announced new guidance concerning the effect of compliance programs in criminal antitrust cartel sentencing that...