Compliance

The winds of change have reached Brazil, and it's fast becoming clear that the Brazilian government is putting the kibosh on corruption there. Violations of the Clean Companies Act have yet to bring about enforcement actions, but meanwhile, authorities are prosecuting individuals. Here, Matteson Ellis covers three high-profile cases and considers what they may portend.

The San Francisco Giants grasped their third World Series win in five years last week. In the course of the championship, the team demonstrated what many compliance practitioners know to be true: that compliance and strategy make good bedfellows. When a company or sports team, as the case may be, is armed with both, they're primed for success at the...

The number of clinical trials taking place in Russia is rising, and fast. More than 20 countries initiated studies there in Q2 alone, and the U.S. leads the pack, right after Russia. And while there are certainly regulations governing the process, and a host of authorities involved throughout the process, there are yet risks for any foreign parties conducting trials...

Compliance alone isn't enough, says Michael Volkov. Compliance alone is the bare minimum; fostering an ethical culture takes your compliance program to the next level, requiring little besides commitment. And there's the payoff, of course... employees want to work for companies that operate with integrity, and clients want to do business with ethical organizations.

It's not enough to pay your employees what you owe them. You've got to do it on time, or you may be in violation of the Fair Labor Standards Act. Consequences include owing liquidated damages to employees, interest on any overdue amounts and even penalties violations. And be warned, employers: the federal government isn't the only entity with jurisdiction in...

Some have taken issue with the Conflict Minerals Rules, asserting that they violate the First Amendment. According to a recent court decision, this is only partially true. The decision by the D.C. Circuit Court may yet be revised, however. It's been challenged already by the SEC. While we wait for the final word from the court, let's remain focused on...

Work has become increasingly mobile, a boon to productivity and profitability, as employees can log hours from practically anywhere and at practically anytime. At the same time, however, many organizations may be compromising data security at the expense of increasing mobility. What we need are solutions that allow remote access, but only through the appropriate channels.

Data encryption seems to be top of mind for many corporations, and with good reason: high-profile data breaches prove to do significant damage in the way of reputational harm. Perhaps the answer isn't in better encryption, though, but instead better internal controls to keep users from being compromised and to strengthen reporting mechanisms.

Tom Fox raises an interesting question: when fault is found with leaders at the heart of a scandal or a major violation, they may face termination - but should they be allowed to retire instead, benefits intact? Here he explores three recent examples of corrupt leadership and the companies' subsequent responses. There are some key lessons to be learned here.

The costs can really add up when internal investigations get underway, but cutting corners is generally a bad idea. Particularly during the interview process. If you're serious about uncovering the truth, the important interviews should be handled by experienced attorneys, not by counsel a bit greener around the edges who will be less likely to pick up on hints of...

On the surface, asset forfeiture sounds like a noble practice: disincentivize crime by confiscating the fruits of criminal conduct. Wonderful! I think we can all get on board with that notion. Put the laws into practice, however, and things can get a bit sticky. Asset forfeiture can impact both the perpetrators and the innocent connected to the criminal either personally...

There's more than one way to skin a cat - whether we're talking about putting on an incredible rock show or running an effective compliance program. Keep in mind, though, that however your compliance program is fleshed out, if and when an investigation begins, the DOJ will look not only at its components, but also how it's been implemented.