FCPA Compliance Report

Do FCPA considerations come into play for customers? How should you think about your obligations under the FCPA for a group not traditionally associated with FCPA liability or even FCPA risk? Learn more about your ad choices. Visit megaphone.fm/adchoices

This podcast continues the theme I have been following on the evolution of best practices compliance program, continually moving away from the simple paper program approach articulated by some. The Justice Department’s Evaluation of Corporate Compliance Programs is designed, in large part to get companies to think about and ask questions about their compliance program. The proactive use of a monit...

In this episode, Jay and I return for a wide-ranging discussion on some of the top compliance and ethics related stories. Learn more about your ad choices. Visit megaphone.fm/adchoices

As I conclude this section on joint ventures, I want to emphasize again the risk they pose under the FCPA. Mike Volkov has stated, “A joint venture requires the integration of disparate company cultures. It can be successful, and is usually one of the significant reason for the joint venture itself.” Both parties should assess each other and decide that the joint venture is a good fit, meaning tha...

In this episode, I visit with branding expert Linda Justice. We discuss the role of a Board of Directors in corporate branding. We discuss ‘what is branding?’  Learn more about your ad choices. Visit megaphone.fm/adchoices

Joint ventures provide many FCPA risks that other types of business relationships do not bring. This makes the securing of audit rights in the joint venture agreement and exercising these rights critical. Learn more about your ad choices. Visit megaphone.fm/adchoices

Numerous US companies have come to FCPA grief for their overseas joint ventures and the continue to be a bane for many companies under the Act. There are some basic compliance terms and conditions which should be considered for any foreign joint venture agreement to help US companies manage these compliance risks. Learn more about your ad choices. Visit megaphone.fm/adchoices

We discuss the work of the Holt Development company and how it interacts with other organizations. He explains what makes the method work for such a disparate group of organizations: from non-profits to commercial businesses to sports franchises, including his work with the San Antonio Spurs. Dan discusses the work on influence by Bob Cialdini informs the work of Holt Development.  Learn more abou...

When you bring two entities together to operate jointly, there are several difficult issues to analyze. For the US company operating under the FCPA, there must be an adequate business justification for a joint venture with a specific partner, all in writing and approved by an appropriate level of the organization. At this point, the US company must engage in a due diligence review of the proposed...

In this episode, Jay and I are joined by Louis Sapirman, CCO at Dun & Bradstreet for a look the the 2017 SCCE Compliance and Ethics Institute. We discuss the pro-conference events, what we hope to achieve at this year's event and why it is important to give back to the compliance community. We end with a discussion on why the Harvey Weinstein affair may well change the face of compliance going for...

In this episode, I visit with Doreen Edelman, a partner at Baker Donaldson on the top FCPA enforcement action of 2017, the Telia Company matter. Learn more about your ad choices. Visit megaphone.fm/adchoices

Just as the FCPA enforcement field is covered with actions centering around mergers and acquisitions, there are multiple actions involving joint ventures (JVs). JVs continue to plague many US companies up to this day. In many ways, JVs present more difficult issues for the compliance practitioner than mergers and acquisitions because of the control issues present in JVs with foreign governments or...

One of my favorite words in the context of FCPA enforcement is dis-link. broadly it works on many different levels when discussing the FCPA. This concept of dis-linking was most prominently laid out in Opinion Release 14-02, one of the most concrete statements on the unidimensional nature of compliance in the mergers and acquisition context; both in the pre-acquisition and post-acquisition phases....

Jay and I return for a wide-ranging discussion on some of the top compliance and ethics related stories. Learn more about your ad choices. Visit megaphone.fm/adchoices

What steps can a company take to protect itself from FCPA exposure in the mergers and acquisitions context? Learn more about your ad choices. Visit megaphone.fm/adchoices

Join the Everything Compliance panel for a discussion of Uber in London, Telia, the NCAA and Equifax. Learn more about your ad choices. Visit megaphone.fm/adchoices

Why should a company engage in pre-acquisition due diligence in the mergers and acquisition context? There are multiple reasons including legal, compliance and business. Learn more about your ad choices. Visit megaphone.fm/adchoices

What branding lessons can the business leader draw from Count Dracula? Learn more about your ad choices. Visit megaphone.fm/adchoices

The area of law for mergers and acquisitions under the FCPA has been settled through enforcement actions leading up to the 2012 FCPA Guidance. Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode, Matt Kelly and I take a deep dive into an article by Todd Haugh, in the most recent issue of the MIT Sloan Management Review entitled, “The Trouble With Corporate Compliance Programs” that even best practices compliance program fail to take into account behavioral best practices and one important but too often overlooked key to strengthening both individual and overall corporate b...

Today, I begin a one month series on how to have a more effective compliance program involving business ventures. This will include the role of compliance in mergers and acquisitions, the role of compliance in joint venture agreement, distributorship, franchises as well as other forms of business relationships. Learn more about your ad choices. Visit megaphone.fm/adchoices

We discuss how the use of AI can bring a more holistic approach to compliance as a business process rather than simply policies and procedures so that the end of the day a company is more profitable. The implications for the compliance profession are profound and these concepts will lead improvements on compliance efficiencies.  Learn more about your ad choices. Visit megaphone.fm/adchoices

In this episode Jay and I take a look at the week's top FCPA, compliance and ethics related stories. Learn more about your ad choices. Visit megaphone.fm/adchoices

As I end this section on innovation, I want to conclude by laying out a road map which allows a CCO or compliance practitioner to make more effective and better operationalize a corporate compliance program. With the DOJ’s Evaluation of Corporate Compliance Programs emphasis of operationalizing your compliance regime, innovation is an important tool for you to use in this journey, yet one that I b...

Today, I visit with noted fraud examiner, Jonathan Marks, a partner at Marcum LLP on the relationship of the internal auditor, fraud good governance and board governance. Learn more about your ad choices. Visit megaphone.fm/adchoices