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This Week in FCPA

Episode 291 – The Rams Win It All Edition


Super Sunday passed with fun but poorly played, poorly officiated, and poorly coached. Tom and Jay are back to look at some of the week’s top compliance and ethics stories this week in the Rams Win It All Edition.
Stories

  1. Ericsson is in more FCPA trouble. Mengqi Sun in the WSJ Risk and Compliance Journal. Aaron Nicodemus in Compliance Week(sub req’d)
  2. DD impeding compliance in developing markets? Katya Lysova explores in the FCPA Blog.
  3. ESG-no longer a nice to have. Karen Alonardo in Risk and Compliance Matters.   
  4. State AGs are waiting. Ashley Taylor and Chris Carlson in CCI.  
  5. The latest case on CCO liability. Matt Kelly in Radical Compliance
  6. Broken windows and compliance enforcement. Anthony O’Reilly in Compliance and Enforcement
  7. Companies yet again ask the EU for rules around ESG. Lawrence Heim inpracticalESG.
  8. White-collar enforcement trends in 2021. Jamie Rosenberg in Grand Jury Target.  
  9. HP-Autonomy from the auditors’ perspective. Francine McKenna in The Dig
  10. South African courts deny Zuma’s attempt to remove the SA corruption prosecutor. Rick Messick in GAB.  

Podcasts and More

  1. In February on The Compliance Life, I visited Ellen Smith, a former Director of Trade Compliance who recently started her consulting firm. In Part 1, she discussed her academic background and early professional career. In Part 2, Ellen discussed her move in-house. In Part 3, Ellen discusses being a part of the Compliance Dream Team at Weatherford.
  2. Tom and Richard Lummis are in the middle of their annual review of Best Picturing winning movies on 12 O’Clock High, a podcast on business leadership. Part 1 reviews Schindler’s List for leadership and ethical lessons. In Part 2, the look at Gladiator.
  3. CCI releases a new e-book from Mike Volkov, “Compliance Culture Revolution.” Available free from CCI.
  4. Tom looks at some innovation in compliance with a 3-part blog post series in the FCPA Compliance and Ethics Blog. Topics include Compliance Ecosystem GovernanceCompliance Branding, Building Culture & Compliance Coaching.
  5. Are you a Star Wars fan? How about an uber-Geek? You will love the 5-part series appearing next week on the Greeting and Felicitations podcast series on the Compliance Podcast Network if you are either or both. In this series, Tom visits astrophysicist Dr. Ben Locwin on the following topics: Traveling in Hyperspace, Fighting with a Light Saber, Mechanical Prosthetics, Cyborgs and Robots, and the Death Star. It is a ton of fun, and you will love it. Each episode will post at 10 each day next week. Check it out daily. 

Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.  

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The Affiliated Monitors Expert Podcast

The Use of Monitors by State AGs -The Road Ahead


In this concluding Part 5, we consider the road ahead and the use of monitors by state AGs. The current state of multi-state litigation may be summed up by acknowledging the extraordinary talents of AG staff in litigating multi-state actions,  while recognizing the extraordinary challenge of making sure that the conditions imposed as a part of virtually every settlement are carried out. Fortunately, there is a road ahead that offers a solution to the states at no cost.

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The Affiliated Monitors Expert Podcast

The Use of Monitors by State AGs – The Challenges of Multi-state in Today’s Litigation Environment

In Part 4, we consider the challenges for state AGs in today’s litigation environment. Of the AGs who participated in the tobacco litigation leading to the Master Settlement Agreement in 1998, only one AG, Tom Miller of Iowa, remains in office today. Most of today’s AGs never worked in an AG office before multi-state litigation was simply a fact of life. But although it may seem that multi-state litigation has been around forever, the reality is that it remains quite new, and it should come as no surprise that the processes around multi-state litigation continues to evolve.

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The Affiliated Monitors Expert Podcast

The Use of Monitors by State Attorneys General – The Role of State Attorneys General as Enforcers


In Part 1, we consider the role of state AGs as enforcers of civil law and in bringing litigation to enforce consumer protect and related statutes. Every US state and territory has an AG, whose role is to serve as the chief legal advisor for that state. State AGs are empowered to prosecute violations of state law, represent the state and its employees when sued, and usually to provide legal advice to state agencies and to the state legislature. But its most important and most challenging role may be the right to bring litigation – to file suit – in the name of the state.

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FCPA Compliance Report

The Use of Monitors by State Attorneys General: Part V-The Road Ahead

In this five-part podcast series, I consider the use of monitors by state Attorneys General. I am joined in this podcast series by Jerry Coyne, the Managing Director of State Monitoring Services at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of state Attorneys Generals as enforcers of state law and bringers of civil litigation; the reaction to the big-tobacco settlement and the criticism of state Attorney Generals over that process; multi-state settlements in the post-tobacco era; challenges in multi-state litigation and the road ahead. Today, in this concluding Part 5, we consider the road ahead and the use of monitors by state Attorney Generals.
For more information on Affiliated Monitors, Inc. visit their website here.
Categories
FCPA Compliance Report

The Use of Monitors by State Attorneys General: Part IV-The Challenges of Multistate in Today’s Litigation Environment

In this five-part podcast series, I consider the use of monitors by state Attorneys General. I am joined in this podcast series by Jerry Coyne, the Managing Director of State Monitoring Services at Affiliated Monitors, Inc. who is the sponsor of this podcast series. In this series we introduce the role of state Attorneys Generals as enforcers of state law and bringers of civil litigation; the reaction to the big-tobacco settlement and the criticism of state Attorney Generals over that process; multi-state settlements in the post-tobacco era; challenges in multi-state litigation and the road ahead. Today, in Part 4, we consider the challenges for state Attorney Generals in today’s litigation environment.
I hope you will join us tomorrow for our concluding Part 5, where consider the road ahead for state AGs. For more information on Affiliated Monitors, Inc. visit their website here.