News & Analysis as of

Meals-Gifts-and Entertainment Rules

Thomas Fox - Compliance Evangelist

Deere FCPA Enforcement Action: Lessons on Pre-Acquisition Due Diligence in M&A

We recently had a Foreign Corrupt Practices Act (FCPA) enforcement action that reminded me that everything old is new again in anti-corruption compliance. The Securities and Exchange Commission (SEC) FCPA enforcement action...more

Thomas Fox - Compliance Evangelist

Deere’s FCPA Case: Lessons on Gifts, Travel and Entertainment

We recently had a Foreign Corrupt Practices Act (FCPA) enforcement action that reminded me that everything old is new again in anti-corruption compliance. The Securities and Exchange Commission (SEC) FCPA enforcement action...more

Bricker Graydon LLP

[Event] Reports, Receipts, and Results: Ohio Ethics and Campaign Finance Law Refresher and Secretary of State Presentation -...

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Bricker Graydon is pleased to present a refresher on Ohio ethics laws, campaign finance compliance, and a presentation from the Ohio Secretary of State about the Secretary’s public integrity division, which was created in...more

Bricker Graydon LLP

[Event] Convention(al) Wisdom: A primer on Ohio’s ethics and election laws, including navigating this year’s national political...

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Our panelists will provide a series of presentations covering Ohio's ethics and campaign finance laws. Topics include recent advisory opinions, election trends, and legislative ethics updates in preparation for the upcoming...more

Fisher Phillips

Beware Vendors Bearing Gifts: The 5 Things That Should Be in Your Gifts and Entertainment Policy

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It’s the holiday season and your company’s purchasing manager received a bottle of wine from a longtime vendor. You think, “No problem, it’s just a bottle of wine.” A week later you learn that it was actually an extremely...more

Bricker Graydon LLP

Red Cups and Red Tape, The Ethics of Tailgates

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As summer turns to fall, like most Ohioans, you start looking ahead to football season. Whether you’re a diehard OSU fan or cheer on the Bengals or Browns, no doubt you’ll be getting in some tailgating this season....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Keeping up appearances

When it comes to selecting and retaining plan providers, what you have to do as a plan sponsor is to make sure that it’s done on the up and up. You have to demonstrate that the decision was prudent and was a proper exercise...more

Bricker Graydon LLP

Conference ethics considerations

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As the world emerges from the COVID-19 pandemic and returns to the new normal, in-person conferences have also returned from their hiatus. Accordingly, it is an appropriate time to review ethics laws regarding public...more

Holland & Knight LLP

NBAA Article Explains IRS Stance on Entertainment Disallowance for Sole Proprietors

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The Internal Revenue Service (IRS) recently released Chief Counsel Advice (CCA) 2021-17-012 to explain that sole proprietor flights are generally not subject to the employer-provided aircraft rules in Internal Revenue Code...more

CDF Labor Law LLP

Ninth Circuit Offers Glimmer of Hope for Employers Against PAGA Suits

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The Ninth Circuit in Magadia v. Wal-Mart Associates, Inc., No. 19-16184 (May 28, 2021) (“Magadia”), recently provided what is perhaps the first hopeful road map for employers to defend themselves against PAGA claims since a...more

Thomas Fox - Compliance Evangelist

A Primer on Gifts and Business Entertainment

If one were to reflect upon the providing of gifts and business entertainment to foreign governmental officials, one might reasonably conclude that after 40 years of the FCPA, companies might follow its prescriptions...more

Dentons

HR Quick Take: Gifts to Public Employees

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Q: We are a public entity employer that is considered “essential” during the pandemic. A local bank wanted to give our employees gift cards to recognize their service to our community. Is this a problem because they are...more

Jones Day

French Anti-Corruption Agency Publishes its Practical Guide on Corporate Gifts and Entertainment Policies

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Companies should identify and, where appropriate, manage risk associated with gifts and entertainment by incorporating a clear policy into their overall corporate compliance strategy. On September 11, 2020, the French...more

The Volkov Law Group

Herbalife’s FCPA Settlement: Lessons Learned (Part III of III)

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Herbalife’s FCPA settlement is another one for books – the wreckage left includes two criminal indictments for Chinese officials who may never be apprehended, along with $123 million in penalties....more

Dechert LLP

Anti-gift Law – The 2017 New Legal Framework Finally Ready to Go Live on October 1, 2020

Dechert LLP on

The French anti-gift legal framework was substantially amended by the Ordinance No. 2017-49 dated January 19, 2017. However, these new rules were subject to the adoption of an implementing decree. Their implementation, which...more

Oberheiden P.C.

A CEO's Guide to FCPA Compliance

Oberheiden P.C. on

- A tone-at-the-top business culture with CEO leadership is a critical component of effective anti-corruption and anti-bribery policy implementation. - CEO leadership helps set an example for lower management and company...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ and SEC Issue Second Edition of the FCPA Resource Guide

On July 3, 2020, the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC) jointly released the second edition of the “Resource Guide to the U.S. Foreign Corrupt Practices Act,” which was...more

Thomas Fox - Compliance Evangelist

The Digital Twin and P&L of One

Innovation in compliance can come in many forms. One such form was described by Vincent M. Walden, Managing Director at Alvarez and Marsal Holdings, LLC (A&M), in his article entitled “Profit & Loss-of-One”(P&L-of-One). In...more

Littler

IRS Issues Proposed Rule on Business Expense Deductions

Littler on

On February 26, 2020, the IRS published proposed regulations implementing changes made by the Tax Cuts and Jobs Act of 2017 (TCJA) regarding the elimination of deductions for entertainment and the limitation on food and...more

WilmerHale

$1 Billion Ericsson Resolution, Three Jury Verdicts Cap Off Busy Fourth Quarter for US FCPA Enforcement

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On December 6, 2019, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) agreed to resolve allegations that multinational telecommunications company Telefonaktiebolaget LM Ericsson (Ericsson or...more

Thomas Fox - Compliance Evangelist

I Believe in Father Christmas and Internal Controls for Gifts in the Holiday Season (UPDATED)

A key analysis is whether there are controls in place to enforce the policies and whether those controls are documented. To help to answer this query, there are four issues to evaluate...more

The Volkov Law Group

Ericsson’s Pervasive Bribery Conduct: The Toxic Mix of Senior Executive Involvement and Third Party Corruption (Part II of II)

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Ericsson’s FCPA settlement is in the books (not the books and records).  But it casts a significant shadow across the FCPA landscape.  A pervasive and systemic culture of bribery is defined to reflect senior executive...more

Lowndes

Gift Giving During the Holiday Season

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Gift-giving is an important part of the holiday season. Our society places a huge importance on gift-giving, and we all understand that gifts are a great way to show gratitude, friendship, and appreciation....more

The Volkov Law Group

DOJ Charges Two Herbalife Executives with Criminal FCPA Violations

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Last week, DOJ announced the indictment of two former Herbalife executives in China for participating in a bribery scheme over a ten-year period.  Herbalife, a multi-level marketing company, was not charged and its...more

Thomas Fox - Compliance Evangelist

Former Herbalife Employees Indicted on FCPA Violations

China continues to be a high-risk location for US companies to do business. While the current administration has laid numerous tariffs on Chinese goods, the fact that it holds 6 billion potential consumers will continue to...more

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