Compliance

Morrison & Foerster’s James Koukios and Amanda Aikman examine 10 ways in which the anti-corruption compliance landscape changed dramatically in the 2010s and explain why they expect those trends to continue. As the decade of the 2010s closed, anti-corruption compliance and enforcement had become ubiquitous around the world. But the decade did not start that way. Underfunded enforcement agencies and...

The Anti-Kickback Statute, False Claims Act, Stark Law, Civil Monetary Penalty Law and Eliminating Kickbacks in Recovery Act “bear traps” have ravaged the health care industry for decades. Despite the carnage they have wrought, these bear traps are completely avoidable. Jim Nortz provides practical actions you can take to protect your firm from their bite. In October 2013, Todd Clawson...

In a crisis, fraud risk is elevated significantly. Fox Rothschild partners Oksana Wright and Charles DeMonaco discuss the management actions and corporate compliance measures that can be taken to tackle the potential for fraud in periods of uncertainty like this one. There is no doubt that turbulent times create more opportunities for fraud and mismanagement and the ongoing COVID-19 pandemic...

Many organizations are beginning to think differently about who they are recruiting into the compliance structure. Tosin Umukoro, who came to compliance from a background in medical research, discusses how the skill sets the compliance profession requires can be found even in unlikely places. Backgrounds traditionally associated with compliance are legal, finance and risk. Although the skills associated with these...

In a crisis, you may witness vastly different behavior from one person to the next. Calvin London draws parallels between the popular Australian coin-flipping game “Two-up,” and the wide range of human responses to tough times. In the land Down Under, there is a game that is part of our limited cultural history called “Two-up.” It is like flipping a...

While belt-tightening is unavoidable for companies nationwide, experts from global law firm Squire Patton Boggs and the Forensic Risk Alliance advise against drastically cutting the compliance spend, as doing so invites risk that could lead to large penalties down the road. The full magnitude of the global implications of COVID-19 is still largely unknown, as both the humanitarian and financial...

FTI Consulting’s George Saitta and Melissa Kiernan highlight why the time is now for public and private companies alike to revisit their procurement processes and internal controls. Some of the most important internal controls at any company are the ones around procurement, the process by which a business obtains the goods and services to carry out its mission. In the...

Eversheds Sutherland partners with Smarsh to focus on enforcement actions in key areas that are already presenting significant challenges to firms with mandated work-from-home policies caused by the COVID-19 pandemic. COVID-19 is not just creating a health crisis around the world, it will also create a crisis for firms that get sanctioned for failing to properly consider prior disciplinary actions...

Confronting the Root Causes of Misconduct is the focus of LRN's annual Ethics & Compliance Program Effectiveness Report for 2020 and reflects the input of ethics and compliance professionals from around the world, filtered through insights gained over the last 25 years. The research and survey results behind the 2020 Ethics & Compliance Program Effectiveness Report affirm that the most...

Businesses are beginning to pursue meaningful avenues of collaboration to ensure industry-wide response to the COVID-19 pandemic and to provide critical resources to affected communities. Morrison & Foerster attorneys discuss how to avoid violating antitrust laws. Collaboration and cooperation among businesses – even competitors – in various forms may be necessary and beneficial for the greater good in responding to...

As health care and cleaning products fly off the shelves, the DOJ is taking action. Cozen O’Connor’s David Reichenberg discusses how its new directive is affecting everyday business and what organizations can do to maintain compliance. In the wake of this global pandemic, competition law and associated compliance are likely not the first topics that come to people’s minds. Nonetheless,...

The proliferation of ephemeral messaging poses unique challenges when it comes to e-discovery. Buckley LLP’s Scott Sakiyama outlines those challenges, highlights recent case law and provides guidance for companies to follow. Howard Baker’s quote – “it is almost always the cover-up rather than the event that causes trouble” – has taken on significance in recent cases involving e-discovery and electronic...