corporate compliance

Subscribe to corporate compliance RSS Feed

Webinar: US Uyghur Forced Labor Prevention Act: Is Your Organization Prepared?

President Biden signed the Uyghur Forced Labor Prevention Act (UFLPA) into law in December 2021. Beginning on June 21, US Customs and Border Protection (CBP) will apply a “rebuttable presumption” that all goods originating from China’s Xinjiang Uyghur Autonomous Region violate an existing ban on the importation of goods made with forced labor into the … Continue Reading

The UK’s OFSI provides guidance on strict liability sanctions breach penalties

The Office of Financial Sanctions Implementation (OFSI), part of HM Treasury, which is the authority for implementing financial sanctions in the UK, have published guidance to clarify how they will use their new powers to impose civil monetary penalties for sanctions breaches on a strict liability basis from Monday 15 June 2022.  The full message … Continue Reading

Central Bank Guidance to UAE Financial Institutions Banking Cash-Intensive Businesses

The Central Bank of the UAE (“CBUAE”) has issued new guidance (the “Guidance”) to UAE financial institutions providing services to cash-intensive businesses. The specific characteristics of cash—anonymity, interchangeability, and transportability—make it an attractive medium for illicit actors seeking to obfuscate the proceeds of crime or the funding of terrorism.  Unlike other monetary instruments, such as … Continue Reading

SEC Approves Changes to Its Whistleblower Program

This week, in a 3-2 vote, the U.S. Securities and Exchange Commission (“SEC” or the “Commission”) approved significant changes to the rules governing its whistleblower program.  The program, established by the Dodd-Frank Act in 2011, incentivizes those with information about possible securities law violations to report to the SEC.  If the tipster provides “high-quality original … Continue Reading

New DOJ Expectations: Does Your Corporate Compliance Measure Up?

On June 1, 2020, the Department of Justice (“DOJ”) Criminal Division released an update to its “Evaluation of Corporate Compliance Programs” guidance for federal prosecutors, its first change since April 2019. Although the update did not fundamentally alter the structure of the guidance, the revisions directly impact how companies should assess and monitor their compliance … Continue Reading

2019 Year-end White Collar Updates

In 2019, the US Department of Justice (DOJ) and other federal regulators continued to emphasize the importance of effective compliance programs, self-disclosure of violations of the law and cooperation with regulators during investigations. In a new client alert out this week, we shed light on some of the updated guidance from various government agencies released last year, landmark state and … Continue Reading

SEC Expands Jurisdiction to Sanctions Violations

The Securities and Exchange Commission (“SEC”) recently penalized a public company for violating U.S. economic sanctions. The violation cited the “books and records” and “internal controls” provisions of Securities Exchange Act of 1934 (the “Exchange Act”). With this unprecedented action, the SEC has put companies on notice that the Department of Justice (the “DOJ”) and … Continue Reading

Antitrust Division Acts to Reward Corporate Compliance

The Antitrust Division of the Department of Justice (“Division”) now considers a company’s compliance program at the charging and sentencing stages in a criminal antitrust investigation.  The Division incorporated these changes into the Justice Manual. The Division also published a guide for evaluating compliance programs under this new approach.… Continue Reading

DOJ Pursues More Electronic Health Records Cases

On May 31, 2019, the U.S. Attorney for the District of Kansas announced a $250,000 settlement with Coffey Health System, after two whistleblowers filed qui tam suit against Coffey for violations of the False Claims Act. The settlement resolved allegations that Coffey submitted false claims to Medicare and Medicaid pursuant to the Electronic Health Records … Continue Reading

New DOJ Guidance on Cooperation in False Claims Act Matters

This week, the Civil Division of the U.S. Department of Justice released guidelines on cooperation credit in False Claims Act cases. The guidelines strongly emphasize voluntary disclosure, but also provide insight into other actions that could give rise to cooperation credit.… Continue Reading

Anti-Corruption Guidance in Russia: What’s a Company to Do?

Anti-corruption has been a hot topic in Russia for some time. But recently, the Russian government has begun to take creative approaches in the fight against corruption. These initiatives are aimed at raising public awareness of corruption among the general public. What appears to be missing in this outreach is compliance guidance to companies in … Continue Reading

DOJ Updates Guidance for Corporate Compliance Programs

The U.S. Department of Justice (DOJ) announced an update to its earlier guidance on how the DOJ will evaluate the effectiveness of a company’s corporate compliance program. The updated compliance guideline (“Updated Guidance”) is twice the length of the original, and utilizes a more instructive approach, serving as a roadmap to prosecutors, and prudent companies. Although … Continue Reading

DOJ 2018 Policy Shifts in Review

In 2018, the US Department of Justice (DOJ) issued many important policy updates and rollouts that will have far-reaching impact. Our firm’s Alert provides an easily navigated yet detailed summary of developments. Policy Shifts at the Department of Justice – 2018 in Review focuses on government investigations and white collar prosecutions. The Alert covers:… Continue Reading

Russia Continues Anticorruption Efforts in 2019

Russia continues its anticorruption efforts in 2019. These efforts build upon numerous convictions last year.  In January 2019, despite the two-week public winter break, two significant cases developed. Beyond seeking additional convictions, the Russian government will implement public anticorruption outreach this year.… Continue Reading

DOJ Relaxes “All or Nothing” Yates Memo

The U.S. Department of Justice (“DOJ”) has softened its policy known as the “Yates Memo.” That policy required companies to produce all relevant information on individuals involved in misconduct in order to be eligible to receive any cooperation credit with DOJ attorneys. Rather than the prior “all or nothing” approach, the new policy requires the … Continue Reading

DPA Regime a Landmark Change to Singaporean Law

A recent landmark change to Singapore’s criminal justice system providing for Deferred Prosecution Agreements (“DPAs”), or voluntary alternatives to adjudication, should increase corporate accountability for acts of bribery, corruption, and money laundering.… Continue Reading

Does C Plea Mean Corporate Plea?

Many conclude that a C plea means a Corporate Plea. Used infrequently, a C plea restricts discretion of a federal district judge to sentence a criminal defendant. By expressing his concerns about a proposed C plea for a company, one federal judge changed the result. In an article published by the American Health Lawyers Association, … Continue Reading

Judge Kavanaugh Supports Strong Attorney-Client Privilege

D.C. Circuit Court of Appeals Judge and Supreme Court nominee Brett Kavanaugh proves a staunch defender of attorney-client privilege for companies.  In FTC v. Boehringer Ingelheim Pharms., Inc., one of his final opinions before stepping away from casework because of his Supreme Court nomination, Judge Kavanaugh solidified his stance taken in the 2014 case In … Continue Reading

Does DOJ Approve Of Your Messaging App?

The Department of Justice released new Enforcement Policy for the Foreign Corrupt Practices Act (FCPA). The revisions include a new provision that many believe impairs the use of instant messaging software and other third-party messaging apps by employees. In order to receive a declination and full credit for cooperating with investigators under the Enforcement Policy, U.S. companies … Continue Reading

A Lesson: Follow Through With Encryption Plan

Even the best laid plan for data security requires follow through. A cancer center was penalized $4.3 million by the government for failing to complete its encryption plan for devices.  The decision is instructive even for companies not specifically required to protect data under government regulation. Tom Zeno and Elliot Golding of Squire Patton Boggs discuss … Continue Reading

Yahoo Fined Millions by SEC for Failing to Disclose Cybersecurity Breach

In late April, the U.S. Securities and Exchange Commission (SEC) hit Yahoo with a $35 million dollar fine for failing to properly assess and disclose a 2014 data breach that affected more than 500 million user accounts. The case marks the first time the SEC has charged a public company with cybersecurity-related disclosure violations and … Continue Reading

How to Use Data Mining for Compliance

Government uses data mining to select targets for enforcement actions. Your company can use data mining for compliance. Hear tips and insights in an eleven minute podcast in “Compliance Perspectives,” from the Society of Corporate Compliance and Ethics (SCCE).  SCCE is a member-based association providing education and news updates for ethics and compliance professionals. To listen to the podcast, click here.… Continue Reading
LexBlog