Internal/Regulatory Investigations Versus Litigation Too many corporations approach litigation and compliance investigations the same way, using the same technology, approach and people. But your approach to managing electronic information in internal and regulatory compliance investigations should differ from the one for litigation. Most of the discussion surrounding compliance investigations focuses on best practices for planning and conducting personnel interviews. This...
Key Details from Recent Reports Large mergers and acquisitions can be high-risk, company-changing affairs. Besides the hefty filing fee of $45,000 or more and the onerous work required to complete the form, transactions that require filing under the Hart–Scott–Rodino Antitrust Improvements Act of 1976 are, by design, required in especially important transactions. Tod Northman details lessons from the recent reports. Besides the...
Q&A with Nicole Sprinzen of Cozen O’Connor With the U.S. Supreme Court’s decision in Murphy v. NCAA on May 14, 2018, the legal landscape for sports gambling and many other types of betting-based businesses changed dramatically. Although these types of businesses are now permitted where they may have been prohibited in the past, opening the floodgates for entrepreneurial endeavors in this...
The Actual and Potential Impacts of Allegations Corporate boards may be due for a rude awakening; they’d be well-advised to assess the harm allegations of corruption and other unethical conduct can do to their company’s share price, including its market capitalization. Corporate directors and officers are under three general legal duties: the duty to act carefully, the duty to act...
Bruce Orcutt from ABBYY shares how artificial intelligence can extract meaning from contracts in the same way as humans do, the challenges businesses face in using AI and the benefits the technology can offer. Contracts are the engine of a business; they contain critical business intelligence needed to run the enterprise, yet enterprises continue to struggle to do something that...
5 Basic Steps to Get Started Michael Volkov shares five ways a new chief compliance officer can start his/her new role out on the right foot. Congratulations on your new position as the chief compliance officer. You successfully interviewed with the company, met the senior executive team and the audit committee chair and negotiated a nice compensation package. You are feeling “pretty,...
Why spend your time reading mystery novels this summer, when real-world mysteries are swirling through the global financial system? Fenergo, which works with compliance officers from 17 of the top 50 banks in the world, has put together a riveting summer reading list for compliance professionals. It includes titles that cover the international underworld of money laundering, insights into understanding how...
How Business Process Management Can Help Meet GDPR Requirements Mark Holenstein of Signavio discusses how process optimization helps to better prepare companies for GDPR and other regulatory compliance through the internal processes. Process management is seen as one of the necessary organizational steps needed to ensure a business is most prepared, as well as documented in their procedures. The General...
How the Change May Impact Self-Reporting The Australian government is raising fines associated with corporate wrongdoing. The changes will bring the country more in line with penalties levied by U.K. and U.S. regulators, but is it the right move? with contributing authors Jenni Hill, Kirsten Scott and Lara Gotti On April 20, 2018, Australia’s Minister for Revenue and Financial Services...
Judd Hesselroth and Alexandra debate the merits of the ISO anti-bribery standard and the associated accreditation process.
Detect, Fix or Prevent Problems Before They Become a Crisis Donna Boehme, the "Lion of Compliance," explains the singular imperative of a clear, written mandate for effective compliance programs, and offers a Sample Mandate, below. One of the most important features of any compliance program is its written Mandate. The correctly scoped mandate, approved by the Board and understood by...
When it comes to anti-corruption compliance risk, it’s no surprise to compliance officers that third parties represent the single greatest worry. Monitoring third parties requires a rigorous third-party due diligence program, which takes into consideration the characteristics of each external partner to implement a comprehensive and effective compliance training program. When it comes to anti-corruption compliance risk, it’s no surprise...
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