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31 Days to More Effective Compliance Programs

The investigation team


Beginning with the 2015 Yates Memo, 2016 FCPA Pilot Program, 2017 and 2019 Evaluations of Corporate Compliance Programs, with 2020 Update through to the FCPA Corporate Enforcement Policy; the DOJ has put even more pressure on every CCO, compliance practitioner and indeed company, to get an investigation done quickly, efficiently and, most importantly, right. This is even more true after the U.S. Supreme Court’s decisions in Digital Realty Trust v. Somers, which limited whistleblower protection and benefits to only those whistleblowers who go to the SEC, rather than initially report internally. What do all these documents tell who should be on your investigation team?
As with a decision on bringing in outside counsel to perform a compliance investigation, you will need to consider whether a forensic accountant should be retained as an outside consultant or hired as an employee. One critical reason to bring in an outside professional is so they will be not be governed by management or influenced by potential biases within a company. Lastly is the issue of privilege. If a forensic accountant is not assigned through your legal department or through outside counsel, you can kiss away even the chance of claiming privilege.
Obviously, the GC would be involved to help protect the attorney client privilege if for no other reason. Further, an investigation needs to have compliance involved, to understand what compliance program was in place at the time of the incident in question, what procedures compliance had and understand if this truly was a gap in the compliance function or maybe there was an area within the compliance function that was not operating as prescribed, or maybe it was a little bit weak.
Three key takeaways:

  1. HR plays a key but often underused role in internal investigations.
  2. The Board of Directors and senior management have different roles.
  3. Use your legal department to protect the privilege.
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The Ethics Experts

Episode 017–Ron Carucci


On this episode of The Ethics Experts, we speak with Ron Carucci about folding the compliance department into the other C-Suite roles, and making sure the partnerships are strong.

 Check out more episodes, and don’t forget to subscribe on your favorite podcast platform!

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FCPA Compliance Report

Ian McDougall on the Rule of Law


In this episode, I am joined by Ian McDougall, the General Counsel for LexisNexis. He is also the President of the LexisNexis Rule of Law Foundation. McDougall is also the Chair of the Global Marketing Committee, where responsible for Professional Association relationships and responsible for Global Rule of Law development. McDougall has a uniquely wide ranging and high-level experience in the delivery of legal advice to substantial corporations at board level (both as a board member and as adviser to the board). Finally, he has presented to and made speeches at the highest international levels; including the International Bar Association, the General Assembly of the United Nations Comprehensive Test Ban Treaty Organisation, and ministers from various governments internationally. In this podcast, you will learn how and why McDougall is so passionate about the Rule of Law.
Some of the highlights include:

  1. Why McDougall is so passionate about the Rule of Law.
  2. What are McDougall’s 4 principles for defining the Rule of Law?
  3. What is the difference of the Rule by Law and the Rule of Law?
  4. What are three reasons why McDougall believes the Rule of Law is even more crucial at this point in time?
  5. How does the Rule of Law lead the discussion around the areas of the profession of Law, Corporate Social Responsibility and Social Entrepreneurship?

Resources
Text of Ian McDougall speech on The Rule of Law to IBA Annual Conference Rule of Law Symposium – Rome 2018.

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Daily Compliance News

June 15, 2020-the Invisible OSHA edition


In today’s edition of Daily Compliance News:

  • Why is OSHA invisible now? (WaPo)
  • What will Trump rally do for OK Covid numbers? (NYT)
  • A reckoning at Condé Nast. (NYT)
  • FASB Proposes Delaying New Accounting Rule on Insurance Contracts Again. (WSJ)