Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special edition, sponsored by Traliant, I visit with Maria D’Avanzo Chief Evangelist Officer at Traliant to discuss the 2023 Evaluation of Corporate Compliance Programs. We discuss the DOJ’s guidance on financial incentive programs and highlight the importance of cross-functional collaboration in establishing effective compliance programs. What are some of the challenges of implementing clawbacks for employees who engage in misconduct? We consider some of the risks involved when a company decides to file a lawsuit against an executive for clawback. Finally, they touch on the need for proper communication of the compliance message beyond legal and compliance departments. Join Tom Fox and Maria D’Avanzo as they dive deep into the future of corporate compliance programs. Don’t miss this informative and eye-opening episode.
Key Highlights
· Evaluating Corporate Compliance Incentive Programs
· Establishing Compliance Programs in Companies Facing DOJ Allegations
· Incorporating Compliance Ethics and Clawbacks in Business
· Lawsuit Consequences for Companies & Executives
· DOJ Elevating Corporate Compliance Programs
· Effective Communication for CCOs
Notable Quotes
“Certainly the timing of any type of any attempt to claw back the compensation, the board needs to be concerned about what’s the right time? What’s the right process? And are we going to open ourselves up?”
“There’s also language about non-financial incentives. And here, once again, nothing really new that companies are supposed to take doing business ethically.”
“I’m not quite sure why a company without resolving the loss, the investigation, either internally or especially with the DOJ, would file a lawsuit against an executive in order to claw back the compensation.”
“Is your investigation completed? Or is it ongoing. I’m not sure how you would win in a litigation if you have not established the basis for the breach of contract.
Resources
Maria D’Avanzo on LinkedIn
Tom Fox
