Archive for the ‘Multimedia’ Category

For Your FCPA Listening Enjoyment

Friday, March 13th, 2015

ListeningTired of reading about the Foreign Corrupt Practices Act?

Well sometimes I get tired writing about the FCPA.

Thus, today’s post is short on written content, but otherwise long on content as it contains links to several multi-media sources for your FCPA listening enjoyment.

An FCPA Fireside Chat of Sorts

David Yosifon is a law professor at Santa Clara University School of Law. Professor Yosifon also runs The Corporate Social Responsibility Podcast and I had the pleasure to recently visit with him in this February 25th recording available on iTunes.

During the approximate one hour conversation, we talk about the original goals of the FCPA, current approaches to enforcement, and areas of potential FCPA reform.

A Focus on DPAs

Recently, I had the pleasure to again visit with Thomas Fox for his Foreign Corrupt Practices Act Compliance and Ethics Report.

In this episode, we discuss recent writings and rulings concerning the DOJ’s use of deferred prosecution agreements.

Former FCPA Unit Chief Duross 

The Global Anticorruption Blog highlights a recent conference “Combating Grand Corruption: Is International Law the Answer” including comments by former FCPA Unit Chief Chuck Duross who speaks generally of his time at the DOJ.

A Look Back At 2014

Monday, February 23rd, 2015

Today’s post is short on written words, but long on content.

Recently, I had the pleasure to again visit with Thomas Fox for his Foreign Corrupt Practices Act Compliance and Ethics Report.

In this episode I discuss:

  • 2014 FCPA enforcement statistics;
  • The variety of actions brought by the DOJ and SEC in 2014;
  • 2014 enforcement actions that should cause concern;
  • The top FCPA story from 2014;
  • 2014 FCPA opinion procedure releases;
  • Enforcement agency policy speeches from 2014; and
  • How a compliance defense can assist the enforcement agencies in accomplishing their objectives (see here for the prior post).

 

 

FCPA Compliance And The Important Role Of Gatekeepers

Thursday, July 17th, 2014

To best manage and minimize Foreign Corrupt Practices Act risk, it is important that a business organization not view FCPA compliance as strictly a legal function, but rather a function best achieved holistically throughout the organization.  This requires business managers, including finance and audit professionals in particular, to have the skill-set to recognize FCPA risk.

It is clear from recent FCPA enforcement actions that the enforcement agencies, and the SEC in particular, expect much from business managers when it comes to FCPA compliance including the ability of these gatekeepers to spot FCPA issues and display a high degree of intellectual curiosity as to many company transactions and expenditures.  (See enforcement actions here, here and here).

This free video (created in collaboration with Emtrain with whom I’ve created a global anti-bribery and corruption training course) has been created to help business organizations best mitigate FCPA risk.  Feel free to share the video with clients, in-house counsel and other compliance professionals, and business managers within your organization.

Understanding Risk To Reduce FCPA Scrutiny

Wednesday, July 2nd, 2014

In order for a business organization to effectively minimize its Foreign Corrupt Practices Act  scrutiny, employees need to understand the risks present in their specific job function.

The best way for this to happen is for business leaders to directly engage with employees and inspire them to spot risk.

This free video (created in collaboration with Emtrain with whom I’ve created a global anti-bribery and corruption training course) has been created to help business leaders accomplish these objectives. Feel free to share the video with clients, in-house counsel and other compliance professionals, and employees.

Potpourri

Monday, June 23rd, 2014

Today’s post is short on written words, but long on content.

Recently, I had the pleasure to again visit with Thomas Fox for his Foreign Corrupt Practices Act Compliance and Ethics Report.  In this episode I discuss:

  • The 11th Circuit’s recent “foreign official” ruling (see here, here, here and here for prior posts).  Among the issues discussed are my involvement in the “foreign official” challenges, what was not at issue in the 11th Circuit appeal and what was at issue, and the court’s flawed reasoning.
  • My new book “The Foreign Corrupt Practices Act in a New Era”) (see here and here for prior posts).
  • My FCPA Institute – a unique two-day learning experience ideal for a diverse group of professionals seeking to elevate their FCPA knowledge and practical skills.  The inaugural FCPA Institute is July 16-17th in Milwaukee, WI.

During the past month, I also had the pleasure to conduct two webinars hosted by Hiperos (a leader in third party risk management).

The first webinar was titled “Understanding the Root Causes of FCPA Scrutiny and Enforcement” (see here to view the hour long event).  The webinar:

  • Highlights the fallacy that only “bad” and “unethical” companies are the subject of FCPA scrutiny and explores certain foreign business realities and conditions that often serve as the root causes of FCPA scrutiny and enforcement.
  • Discusses what 99% compliance means.
  • Uses the root causes of many FCPA enforcement actions to highlight how an essential component of FCPA compliance is understanding the boring, day-to-day aspects of a company’s business in foreign markets and targeting, through training and other compliance policies, the relatively low-level employees and others who engage in these day-to-day activities.

The second webinar was titled ““The Ripple Effect:  Understanding Financial and Business Consequences of FCPA Scrutiny and Enforcement” (see here to view the hour long event).  The webinar:

  • Highlights how settlement amounts in an actual FCPA enforcement action are often only a relatively minor component of the overall financial consequences that can result from FCPA scrutiny or enforcement in this new era.
  • Discusses the “three buckets” of FCPA financial exposure:  (1) pre-enforcement action professional fees and expenses; (2) enforcement action settlement amounts: and (3) post-enforcement action professional fees and expenses and highlights how bucket #1 is typically (in many cases 3, 5, 10 or higher times the settlement amount) the greatest financial hit to companies the subject of FCPA scrutiny or enforcement.
  • Explores other negative financial consequences that often result from FCPA scrutiny or enforcement such as market capitalization, cost of capital, M&A activity, lost or delayed business opportunities, and FCPA-related litigation.
  • Shifts the FCPA conversation from being a purely legal issue to its more proper designation as a general business issue that needs to be on the radar screen of business managers and highlights how the FCPA’s many ripples instruct that business managers should view the importance of FCPA compliance more holistically and not merely through the narrow lens of actual enforcement actions.

Thank you for reading FCPA Professor every day.

With today’s post, you have the opportunity to hear me discuss FCPA, FCPA enforcement, and FCPA compliance issues for 2 hours and 30 minutes … should you so choose.