Tag: FCPA Resource Guide

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Why a Duck

FCPA Resource Guide, 2nd Edition


From Vaudeville to the Silver Screen to the Small Screen, the Marx Brothers made an impact wherever people found them. Now Tom Fox and Mike Volkov have wedded their love of the Marx Brothers with their passion for compliance and bring them into the boardroom to help explain and explore the sometimes-chaotic world of governance, risk-management, ethics and compliance. In this episode Volkov and Fox consider the recently released FCPA Resource Guide, 2nd edition. Highlights from the podcast include:
1.     Is the 2nd edition an update or replacement?
2.     Why was it released now?
3.     What takes precedence; the 2nd Edition or the Evaluation of Corporate Compliance Programs?
4.     What is new in the 2nd Edition?
5.     What are the significant changes from the original FCPA Resource Guide?
6.     The FCPA Resource Guide is the best one volume on all things FCPA. It is a must have for every compliance professional.
Resources
Mike Volkov
Part 1-Introduction
Part 2-New Case Updates
Part 3-Updated DOJ Policies
Part 4-Legal Issues and Clarifications
Part 5-Effective Compliance Programs and Internal Controls
Tom Fox
Part 1-The New Hallmark
Part 2-FCPA Corporate Enforcement Policy
Part 3-the Accounting Provisions
Part 4-DOJ Policy and Case Law Updates
Part 5-Final Thoughts

Categories
This Week in FCPA

Episode 213 – the Second Edition edition


The DOJ/SEC drop the 2nd edition to the FCPA Resource Guide at 5 PM on July 2. As Tom and Jay brave the surge in covid cases to stay safe they are back to look at top compliance articles and stories which caught their eye this week.

  1.  FCPA Resource Guide, 2nd edition released. Tom takes a deep dive in a 5-part blog post series on the FCPA Complinace and Ethics Blog. Part 1-The New Hallmark, Part 2-FCPA Corporate Enforcement Policy, Part 3– the Accounting Provisions, Part 4– Policy and Case Law Updates, Part 5-What does it all mean? Jonathan Marks on Borad and Fraud. Tom and Matt Kelly in Compliance into the Weeds.
  2. After its FCPA settlement, Novatris pays another $678MM for corruption inside the US. Mike Volkov in Corruption Crime and Compliance.
  3. A plan to restore trust in South Africa ABC enforcement. Larry Kirsch guest posts in GAB.
  4. A reassessment of due diligence in China? Jenny Liang opines in the FCPA Blog.
  5. Venezuela can’t get its gold out of England. Jon Rausch in Dipping Through Geometries.
  6. Amazon settles OFAC sanctions enforcement action. Mengqui Sun in the WSJ Risk and Compliance Journal.
  7. How can you make a risk management committee effective? Jim DeLoach shows the way in CCI.
  8. Is Deutsche Bank the world’s most corrupt? Matt Kelly digs in on Radical Compliance.
  9. Going from disaster recovery to business continuity? Carrie Penman in Ethics and Compliance Matters.
  10. On Compliance and Coronavirus, I was joined this week by Paul Mueller on how to reset, restart and accelerate your business in the era of Coronavirus; Ian Denis on employment and communication during Covid-19 and Breeda Miller on caregiving in the era of Covid-19.
  11. On the Compliance Podcast Network, Tom started the topic of 3rd party risk management this month.This week saw the following offerings: Monday-Questionniare; Tuesday-Due Diligence,Wednesday-levels of DD; Thursday-evaluating DD and clearing red flags; and Friday-compliance terms and conditions. The month of July is being sponsored by Affiliated Monitors. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here.
  12. Great Upcoming Webinars:

Navigating the Risks of Prescribing Opioids for Chronic Pain in the COVID-19 Era, Jul 22, 2020 12:00 PM in Eastern Time (US and Canada); with Jesse Caplan, Deb Waugh and Amy Fogelman, M.D. Registration and Inforamtion here.
Computer Say ‘No’: Mitigating Legal & Ethical Risks in Public Agency Use of Automated Decision-Making Tools, Jul 28, 2020 12:00 PM in Eastern Time (US and Canada); with David Shonka, Mikhail Reider-Gordon and Jonathan Redgrave. Registration and Information here.
ECI’s Best Practice Forum, a Q&A Session with Brian Rabbitt, Acting Assistant Attorney General for the Criminal Division on the FCPA Resource Guide, 2nd edition, Thursday, July 30 2:00 – 4:00 p.m. EDT. Registration and Information here.
Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

Categories
Compliance Into the Weeds

FCPA Resource Guide, 2nd edition

Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode Matt Kelly and Tom Fox take a look the recently released FCPA Resource Guide, 2nd edition; released jointly last week by the Department of Justice and Securities and Exchange Commission.
Resources
From Tom, check out his five part blog post series on the new FCPA Resource Guide on the FCPA Compliance and Ethics Blog.
For a copy of the FCPA Resource Guide, 2nd edition, click here.

Categories
Daily Compliance News

July 6, 2020-the Crisis at Disney edition


In today’s edition of Daily Compliance News:

  • DOJ/SEC update FCPA Resources Guide. (DOJ Press Release)
  • Wither the 5-day office week? (WSJ)
  • Beverly Hill hotel, bought with 1MDB money goes on sale. (NYT)
  • Disney in existential crisis? (WaPo)
Categories
31 Days to More Effective Compliance Programs

One Month to More Effective Compliance for Business Ventures – Post Acquisition Integration

Your company has just made its largest acquisition ever and your CEO says that he wants you to have a compliance post-acquisition integration plan on his desk in one week. Where do you begin? Of course, you think about the 2020 FCPA Resource Guide, 2nd edition but you also remember that the established time frames in the enforcement actions involving Johnson & Johnson (J&J), Pfizer Inc. and DS&S and the Halliburton Opinion Release.

While there are time frames listed in these DPAs, they are a guide of timeframes, not a ‘how to’ guide and many compliance professionals struggle with how to perform these post-acquisition compliance integrations. The 2020 Update to the Evaluation of Corporate Compliance Programs asked the following questions, What has been the company’s process for tracking and remediating misconduct or misconduct risks identified during the due diligence process? What has been the company’s process for implementing compliance policies and procedures, and conducting post- acquisition audits, at newly acquired entities?
Whatever compendium of steps you utilize for post-acquisition integration, they should be taken as soon as practicable.
Three key takeaways: 

  1. Planning is critical in the post-acquisition phase.
  2. Build upon what you learned in pre-acquisition due diligence.
  3. You need to be ready to hit the ground running when a transaction closes.