Compliance

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...

Following the announcement of record penalties for Google, British Airways and Marriott under GDPR by French and British data privacy commissioners, where will the EU's privacy watchdogs home in next? Scott Petry, CEO of Authentic8, explains how the EU's privacy commissioners are currently laying the groundwork to sanction employee-related GDPR violations next. Elizabeth Denham. If your company is doing business...

Since many IoT devices capture data, IoT companies are fielding and will increasingly field requests for the data in connection with criminal or civil proceedings. Attorneys from Morrison & Foerster discuss the growing demand and what IoT companies should consider going forward. There are an estimated 10 billion internet of things (IoT) devices — a number forecast to skyrocket to...

Organizations should look beyond traditional approaches and aspire to create a well-oiled security and compliance engine that runs efficiently and economically. Coalfire’s Adam Shnider discusses a better path forward. When an automotive company like Tesla works to design the ideal automobile – one that will disrupt a 120-year-old industry – they begin with a vision. Then, they work to make...

If your business activities take place in the U.S., you need to be doing OFAC screening. Michael Volkov offers five areas most companies that most organizations fitting this description could stand to improve upon to ensure compliance. As companies elevate their “game” in sanctions compliance, it is important that compliance officers critically examine the strengths and weaknesses of their compliance...

Jay Rosen’s miniseries on suspension and debarment concludes with this look into the remedies federal agencies seek when misconduct is identified, and where the ultimate focus will lie: compliance. The defense community largely led the process of putting together an effective ethics and compliance program. There were defense industry initiatives where the contractors got together and talked about what it...

A CCO’s most valuable resource is time. But with high expectations and limited resources to do the job well, CCOs can quickly become overwhelmed. Michael Volkov provides a framework for dealing with some of the role’s greatest challenges. Chief compliance officers have a hard job. CCOs know that fact, and they fully embrace the challenges of their positions. At the same...

Wendy Wysong and team discuss a recent U.S. court ruling that reinforces the well-understood rule that non-U.S. banks with branches or correspondent accounts in the U.S. must comply with U.S. government subpoenas regardless of their own country's laws. Under the USA PATRIOT Act, noncompliance risks access to the U.S. financial system. with co-authors Ali Burney and Nick Turner Background On...