Compliance

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...

Character is magnified in a crisis. As the coronavirus crisis has unfolded, we’ve seen lots of heroic efforts, but also lots of selfishness. Calvin London offers some takeaways for the compliance practitioner from these troubled times. Australia, like many other countries in the world, is in a long battle with an invisible foe: COVID-19. As infection rates climb and the...

Whatever “flavor” of compliance incentives you offer, they need to be reassessed regularly. Jeff Kaplan and Rebecca Walker discuss what to take into account. The Sentencing Guidelines provide, in relevant part: “the organization’s compliance and ethics program shall be promoted and enforced consistently throughout the organization through … appropriate incentives to perform in accordance with the compliance and ethics program….”...

The COVID-19 outbreak is drastically changing American life, seemingly overnight. While certain industries have been hit especially hard already, it is likely this pandemic will have an impact on every business sector. Employment attorney Alyson Brown looks at this evolving situation and its impact on employers. The recently passed Families First Coronavirus Response Act (FFCRA) makes some major changes for...

In the midst of the COVID-19 pandemic, many financial services firms are implementing work from home policies using collaboration tools. Theta Lake’s Marc Gilman provides background on regulatory responses and requirements, as well as practical advice about compliance considerations. As individuals and organizations aggressively invoke business continuity plans in the wake of coronavirus, a rapid uptick in the use of...

Because leadership dynamics are changing, so too should the old “command and control” function of compliance. Tom Fox offers guidance to help CCOs adapt to the changing times. Given the paucity of leadership coming out of Washington during this crisis, I thought it would be a ripe time to consider some innovations in compliance leadership. While many compliance departments may...

It often happens that a person’s career is over when he or she blows the whistle. Charles Middleton posits that if increasing compliance and minimizing fraud is the goal (and it is), then blackballing whistleblowers is counterproductive. Secrecy is essential to corporate fraud. Destroy the secrecy and you destroy the fraud. So why are honest companies doing the one thing that...

The COVID-19 outbreak is requiring companies to consider new policies and systems – ones conducive to a largely stay-at-home workforce. Smarsh’s Robert Cruz offers guidance on assessing solutions to facilitate this shift. Addressing the demands of a mobile, stay-at-home workforce is not a new topic for the compliance and risk community. However, the recent global coronavirus outbreak known as COVID-19...

Despite growing uncertainty due to increased protectionism, political instability and, most recently, pandemic fears, a new report shows U.S. and U.K. tech firms remain steadfast in their plan for international expansion. In fact, more than four in five tech companies said they plan to open operations in at least one new country over the next 12 months. But with these plans for...

A circuitous path into and through the compliance profession is pretty common among compliance professionals. ICA’s David Povey discusses several of the many roles available to new compliance pros (and seasoned ones, too). Staying in one job throughout a whole working life is less common than it used to be. Changes to the economy, technology and family life have permanently...

With U.S. sanctions compliance fines at a decade high, organizations should be taking note of how to address emerging areas of sanctions risk. BDO’s Steven Kuzma and Christian Cooper offer takeaways from OFAC’s new sanctions compliance framework. As former U.S. Deputy Attorney General Paul McNulty once warned: "If you think compliance is expensive, try noncompliance." The failure to implement and...