FCPA Compliance Report - James Koukios on the Monaco Speech
Guidepost in Motion - Evolution of the Monitor’s Role in Identifying Problems + Implementing Change
Compliance Perspectives: Volkswagen's Transformation
FCPA Compliance Report-Episode 511 – Jay Rosen on the Lack of Monitorship
Compliance Perspectives: Monitorships During the Pandemic
Compliance Perspectives: Delaware Supreme Court’s Marchand v. Barnhill Decision
Compliance Perspectives: Auditing and Monitoring Third Parties
Episode 119 -- The Ericsson FCPA Settlement
Compliance Perspectives: Current Trends in Third Party Risk Management
Independent Monitoring and Proactive Assessments for Defense Attorneys-Part 1, Introduction
Working with Monitors-Episode V: Lawyers Using Monitors
Working with Monitors-Episode III: How Do Monitors Work
Working with Monitors-Episode II: Impacts of Monitors
Day 18 of One Month to More Effective Continuous Improvement-Email Sweeps for Continuous Improvement
Day 16 of One Month to More Effective Continuous Improvement-Voluntary Monitoring
In its proposed Plea Agreement, the Department of Justice (DOJ) lays out the abject failures of Boeing which led the DOJ to conclude the underlying Deferred Prosecution Agreement (DPA) from 2021 has been breached. The DOJ...more
When it comes to corporate accountability and the often murky waters of compliance, few cases are as illustrative and significant as the ongoing litigation involving Boeing. Since the 737 MAX safety scandal erupted in 2021,...more
In this episode of the FCPA Compliance Report, I am joined by fan-favourite James Koukios, a partner at Morrison and Foerster, and we take a deep dive into the Lisa Monaco speech from October and related remarks from other...more
On October 28, 2021, Deputy Attorney General Lisa Monaco announced revised Department of Justice (DOJ) guidance on corporate monitors. Going forward, prosecutors are free to require the imposition of a corporate monitor when...more
On October 28, 2021, U.S. Deputy Attorney General Lisa O. Monaco—a veteran of government service in previous Administrations and a champion of corporate accountability—announced several significant changes to current...more
In this third edition of October HorrorFest 2020 celebration we consider the first Hammer film sequel (and second in the series) – The Revenge of Frankenstein which was released in 1958. It begins as the Curse of Frankenstein...more
When do your personal interests become conflicts of interest (COI)? Who should be screened for COIs? What about romantic or family relationships? This Q&A with two legal experts from a recent NAVEX Global Master Class answers...more
The U.S. Government’s 2019 FCPA enforcement efforts led to new milestones; further cooperation with international authorities; and continued use of independent corporate monitors. The following are key takeaways of these...more
On December 6, 2019, Telefonaktiebolaget LM Ericsson (Ericsson or the Company), resolved long-running investigations by the U.S. Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) into the...more
Last week the Justice Department (DOJ) announced a resolution of the long stand Foreign Corrupt Practices Act (FCPA) enforcement action involving Telefonaktiebolaget LM Ericsson (Ericsson), a multinational networking and...more
On October 1, 2019, in In re Clovis Oncology, Inc. Derivative Litigation, a Delaware Chancery Court denied a motion to dismiss the plaintiffs’ claims under the Caremark decision against individual directors for failing to...more
I have long predicted that corporate board members are in for a rude awakening. Corporate boards have to improve their ability and knowledge surrounding supervision and monitoring of a company’s ethics and compliance...more
The big one finally is resolved. The long-awaited Walmart Inc. (Walmart) Foreign Corrupt Practices Act (FCPA) enforcement action was announced yesterday. This massive case came in with multiple documents, a long list of...more
Sometimes what folks label a “new idea” is not so much of a new idea as the application of an old solution to a new discipline. I do not mean to be cryptic, but I am going to explain my point by referring to an area where I...more
In a stunning resolution to one of the longest running bribery, corruption and money-laundering sagas on the international stage, the Department of Justice (DOJ) and Securities Exchange Commission (SEC) both announced...more
This year is the 15th anniversary of Affiliated Monitors, Inc. (AMI). Next week I am running a five-part podcast series on the history of AMI and the sweep of history in the rise of independent monitors as well as the...more
Today, is the second in a two-part series based on an interview with Rakhi Kumar, Senior Managing Director, Head of ESG Investments and Asset Stewardship, at State Street Global Advisors (SSGA) and SSGA’s recent...more
When a company is compromised by an ethical lapse—employees might be caught making or taking bribes, management could have failed to comply with regulations, or fraud might have been committed in the course of doing...more
Here we go – another year, another set of predictions. Who knows whether they will come true? Actually, I went back and read my annual prediction posting for 2018 and 2017, respectively. Some things I called correctly, and...more
In a recent speech, Brian Benczkowski, the Assistant Attorney General for the Criminal Division outlined the Justice Department’s new policy governing imposition of a corporate compliance monitor. ...more
• Four years ago, Brazilian authorities began Operation Car Wash, a wide-ranging and still ongoing corruption and money laundering investigation that has spanned 11 countries. • The fallout continues with a recent U.S....more
A CCoE should have areas, which the Horizon Group identified in its blog post “What is a Center of Excellence”. First it should offer support to the compliance function’s customer, company employees, third parties and other...more
There are two distinct themes in FCPA enforcement – the first is consistency, i.e., that some enforcement actions are relatively consistent across the board and, in the last five to ten years, the FCPA caseload has been...more
What are the considerations a company should employ when retaining a corporate monitor? I recently put that question to Vincent L. DiCianni, founder and President of Affiliated Monitors, Inc. (AMI), and Eric R. Feldman,...more