David vs. Goliath; Ethics & Compliance Lessons to be Learned from the Oscars” and Matt Kelly look at the control failures and other issues in his blog post on Radical Compliance, “And the Oscar for Control Failures Goes to…”
Jay Rosen new contact information:
Jay Rosen, CCEP
Vice President, Business Development
Monitoring Specialist
Affiliated Monitors, Inc.
Mobile (310) 729-6746
Toll Free (866)-201-0903
JRosen@affiliatedmonitors.com
[tweet_box design=”default” url=”http://wp.me/p6DnMo-35z” float=”none”]What were the compliance lessons from the Oscars flub?[/tweet_box]]]>
Author: admin
Tale of Sound & Fury: The 404(b) Debate”.
[tweet_box design=”default” url=”http://wp.me/p6DnMo-34O” float=”none”]Congress has said it wants to raise the exemption on SOX 404(b) reporting. Does that really mean anything?[/tweet_box]]]>
In this episode, Matt Kelly and myself take a deep dive into the Department of Justice (DOJ) recent release, entitled “Evaluation of Corporate Compliance Programs” (Evaluation), which went up on the Fraud Section website on February 8.
The document is an 11-part list of questions which encapsulates the DOJ’s most current thinking on what constitutes a best practices compliance program. Within the list are some 46 different questions that a Chief Compliance Officer (CCO) or compliance practitioner can use to benchmark a compliance program. In short, it is an incredibly valuable and most significantly useful resource for every compliance practitioner.
The Evaluation, most generally, follows the DOJ and Securities and Exchange Commission’s (SEC) seminal Ten Hallmarks of an Effective Compliance Program, released in the 2012 FCPA Guidance. If there is one over-riding theme in the Evaluation, it is the DOJ’s emphasis on doing compliance as the questions posed are designed to test how far down your compliance program is incorporated into the fabric of your organization. The Evaluation is not simply a restatement of the Ten Hallmarks, as it clearly incorporates the DOJ’s evolution in what constitutes a best practices compliance program, and it certainly builds upon the information put forward in the DOJ’s FCPA Pilot Program regarding effective compliance programs, most particularly found in Prong 3 Remediation.
[tweet_box design=”default” url=”http://wp.me/p6DnMo-33Q” float=”none”]What does the DOJ Evaluation mean for compliance programs?[/tweet_box]]]>
For the Cordery Compliance client alert on Privacy Shield, see here
- Jay Rosen considers what companies the intersection of business and politics under the Trump administration, the Tech sector response to the Muslim refugee ban and the more general business response to the first few weeks of the Trump administation.
For Jay’s post see, Where Do Politics End and Ethics & Compliance Begin?
- Matt Kelly opens with a discussion of the management process practices of the Trump administration in issuing Executive Orders and lays down some markers around compliance and regulatory issues under the new administration.
For Matt Kelly’s posts see the following:
Compliance in the Trump Era: More Markers Placed
Five Questions for SEC Nominee Jay Clayton
Yes Government Ethics is Happening
Dodd-Frank Reform Starts Coming into View
For Tom Fox’s posts on these topics see the following:
The Trump Administration-Kaos is Bad for Business
The Trump Administration-Part II, Failures in Leadership and Management
The Trump Administration-Part III-Preparing for a Catastrophe
The Trump Administration-Part IV-the Business Response
The members of the Everything Compliance panel include:
- Jay Rosen (Mr. Translations) – Jay is Vice President of Legal & Corporate Language Solutions at United Language Group. Rosen can be reached at rosen@ulgroup.com.
- Mike Volkov – One of the top FCPA commentators and practitioners around and is the Chief Executive Officer (CEO) and owner of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.
- Matt Kelly – Founder and CEO of Radical Compliance, is the former Editor of the noted Compliance Week Kelly can be reached at mkelly@radicalcompliance.com
- Jonathan Armstrong – Rounding out is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
[tweet_box design=”default” url=”http://wp.me/p6DnMo-336″ float=”none”]What compliance and business lessons arise from the first 3 weeks of the Trump administration?[/tweet_box]]]>
Microsoft Cybersecurity Tool May Prompt Compliance” as a starting point to consider the Big Brother implications, two-step security features, AI issues and all of this ties directly into the corporate compliance function.
[tweet_box design=”default” url=”http://wp.me/p6DnMo-33j” float=”none”]Microsoft’s Secure Score paves the way for better and more efficient compliance.[/tweet_box]]]>
Show Notes for Episode 38, for the week ending February 3, the M&M edition:
- January a month for the FCPA record books. See article in the FCPA Blog.
- Are hunting trips a FCPA violation? How about in Sweden? See article in by Tom Fox in Compliance Week.
- VW update-what the former CEO knew and when did he know it and CCO ‘departs’. What does it all mean? See Tom Fox articles in Compliance Week on the former CEO and the departure of the CCO.
- New Tom Fox series on One Month to a Better Board, FCPA Compliance Report.
- Everything Compliance-Episode 6 is out. It is dedicated exclusively to Rolls-Royce.
- Jay Rosen Weekend Report preview.
- Super Bowl predictions.
[tweet_box design=”default” url=”http://wp.me/p6DnMo-31q” float=”none”]What were the week’s top FCPA, compliance and ethics stories? Check out This Week in FCPA to find out. [/tweet_box]]]>
Show Notes for Episode 37, week ending January 27, the Jeff Sessions’ edition
- Brazilian Judge killed in plane crash. See article by Dick Cassin in the FCPA Blog.
- Two individuals charged in Och-Ziff matter. See article by Richard Cassin in the FCPA Blog.
- Trump announces White House Compliance Team. See White House Press Release.
- Jeff Sessions will continue robust FCPA enforcement. See Questions for the Record submitted January 17, 2017 from Senator Whitehouse in the nomination of Jeff Sessions to be Attorney General.
- $7MM whistleblower award by SEC to three persons and Whistleblower conference in NYC. See article in FCPA Blog and Tom Fox article on the Whistleblower Conference.
- China leads countries for 2016 FCPA cases and China announces 2 invoice requirement. See Tom Fox article in Compliance Week and Eric Carlson article in the FCPA Blog.
- Anything of value in FCPA cases. See Tom Fox article in Compliance Week.
- Jay Rosen Weekend Report on continued lessons from the Rolls-Royce global anti-corruption enforcement action in LinkedIn.
[tweet_box design=”default” url=”http://wp.me/p6DnMo-30m” float=”none”]Check out the top comings and goings in FCPA and compliance for the week ending January 27th.[/tweet_box]]]>
Categories
This Week in FCPA-Episode 35
th edition:
- Hernandez and Beech FCPA guilty pleas. Hernandez Criminal Information, Beech Criminal Information.
- VW guilty plea in emissions-testing scandal. Link to article in New York Times.
- VW executive Oliver Schmidt arrested in US. See article on FCPA Compliance and Ethics Blog.
- Zimmer Bio-Met in follow-up FCPA enforcement action. See article on FCPA Blog.
- Mondelez FCPA enforcement action. See SEC Cease and Desist Order and article on FCPA Compliance and Ethics Blog.
- Supreme Court to take up 5 year statute of limitations for profit disgorgement under Securities Act, which applies to FCPA enforcement actions brought by SEC. Article in Law360.
- NFL Playoff update on Patriots, Cowboys and Texans.
[tweet_box design=”default” url=”http://wp.me/p6DnMo-2XB” float=”none”]What were the FCPA matters, issues and lessons from the week ending January 13, 2017? Check out This Week in FCPA.[/tweet_box]]]>
In this episode Jay Rosen and I take a dive into the General Cable FCPA enforcement action, consider the ‘Invisible Hand’ of Justice Department Compliance Counsel Hui Chen and greater regulatory enforcement, corporate response and innovation. We explain how these three factors combine in an ‘Invisible Hand’ to form a continuous improvement loop of compliance program innovation. It leads developments from cutting edge to best practices to becoming a routine part of an effective compliance program. We discuss the upcoming NFL divisional round of playoffs and conclude with Jay previewing the Jay Rosen Weekend Report. For more information on the General Cable FCPA enforcement action, check out my three-part blog post series:
Part I-the Bribery Schemes
Part II-the Comeback
Part III-the Denouement
[tweet_box design=”default” url=”http://wp.me/p6DnMo-2W9″ float=”none”]How does the invisible hand impact continuous improvement of compliance programs?[/tweet_box]]]>
Catc[tweet_box design=”default” url=”http://wp.me/p6DnMo-2Tz” float=”none”]h up on the week’s top FCPA compliance and ethics storylines, events and issues with This Week in FCPA.[/tweet_box]]]>
