Nobody was canceled for anything they wrote for our pages in 2022 — at least that we know of. But a few of our writers went out on a limb to make their views known. Here’s a look at our hottest takes of the past year.
Win-Lose Situation: No Matter Outcome of Brazilian Presidential Election, Corruption Wins (and Everyone Else Loses)
Brazil’s presidential contest will head to a two-man runoff election later this month, but if any observers had hopes for an anti-corruption movement to take hold in the country, Victoria Abut says the only thing that can’t win this election is transparency.
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A Modest SOX Proposal: Require Compliance Certification Before Something Goes Wrong, Not After
Despite 20 years of SOX, many companies still fail to prioritize compliance programs until it’s too late. Maria D’Avanzo of Traliant makes the case that the law should be amended to address compliance programs specifically and the government should do more to motivate companies to support CCOs so they can help prevent misconduct before it happens.
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Playing Chicken: DOJ Presses on With High-Profile Antitrust Cases Despite Series of Defeats
After three failed attempts at convicting poultry executives — and other recent court failures — one would be forgiven for thinking a more lax DOJ posture could be in the offing. Rick Kornfeld, one of the defense attorneys in the poultry price-fixing case, gives his insights into why a cocksure stance by the antitrust division is the new norm.
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The 1-Day CFO: A Lesson in the Danger of Shoddy Due Diligence at the Executive Level
As Moderna’s CFO-for-a-day gaffe illustrates, effective due diligence is equivalent to regular preventive care, something you’d think a pharma giant might understand. But as due diligence and risk management expert Candice Tal discusses, some companies are still unaware of the danger inherent in not digging deep enough, especially when it comes to high-profile positions.
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The Thank You Note You Never Wanted: Plaintiff’s Lawyers in Retaliation Case Send Their Best
Two employment lawyers drafted this thank you note for a fictitious company — but the scenario it describes is all too common. One of the authors, Anita Mazumdar Chambers, recently won a $2.4 million jury verdict in a retaliation case against a company that mishandled the incident management process.
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