Compliance

Whistleblowers in Australia cannot expect the same level of protection as American whistleblowers. Some limited protections exist, though not with every regulatory body or in every jurisdiction. But the SEC receives a fair number of tips from Australia, indicating that Australians have a taste for the American system, which rewards whistleblowing.

It used to be that no single regulator saw its job as protecting the economy and financial system as a whole, but the convergence of regulations and risk management is bringing transformative change. The EU’s Market Abuse Regulation targets EU financial firms, though U.S. based organizations must take notice as well.

Movies and pop culture, whether directly or indirectly, often teach us many of the lessons we learn in our lives. As the legendary character of Willy Wonka, Gene Wilder may have been the first on-screen character to teach us about ethics and compliance.

Compliance is an afterthought for many organizational procedures and processes. In most cases, audit teams periodically review transactions after the fact to check for compliance. But artificial intelligence technologies enable active compliance that is both highly effective and embedded within the core business processes so as to eliminate the sacrifices to speed and efficiency normally associated with business process oversight.

Anti-corruption laws are being passed worldwide as foreign litigation heats up. Can you rely on your U.S.-based D&O policy, or do the risks require a foreign solution?

This new whitepaper from CEB highlights the importance of making compliance part of a company's operations -- and offers three important changes compliance teams must make to their programs.

By white collar defender and former federal prosecutor Michael Volkov, this book looks a the DOJ's latest attempts to deter corporate criminals

With big data in the news almost every day and the requirement for due diligence on third parties to meet compliance obligations, there has been an explosion of providers entering the market. For companies looking for due diligence providers, it is important to be aware that not all parties are created equal.

FINRA has expanded the regulatory landscape by announcing its focus on and evaluation of firm culture. For the first time, regulatory oversight may include behavioral psychology in its calculus. It is paramount that the industry participates in this dialogue and contributes to meaningful guidance.

The Supreme Court’s recent ruling in the Escobar case is a fairly sweeping victory for whistleblowers and the government. While the High Court did not agree with every aspect of the First Circuit's reasoning, the ruling represents a validation of an implied false certification theory that expands liability under the FCA, and could precipitate a surge in FCA lawsuits.

Blockchain has the potential to transform many business processes, making the data more available, transparent, immediate and secure. Its application in the financial services industry promises to improve efficiency and confidence in some of the most complex, cumbersome and costly processes, including regulatory compliance and reporting, KYC and financial crime prevention.

The government cannot use a search warrant to compel access to consumer data stored outside the U.S. This decision was handed down by the Second Circuit, which found that the Stored Communications Act does not authorize courts to enforce warrants to obtain information on foreign servers.