FCPA Compliance Report

By Thomas FoxBusiness News News Commentary Business News

FCPA Compliance Report episodes

November 07, 2022Shannon Martin on Internal Podcasts for the Corporate Compliance Function
In this episode, I visit Shannon Martin, Director of Communications and Corporate Podcasting Specialist at Podbean, a podcast hosting platform. We discuss how companies and, more specifically, corporate compliance functions can use internal podcasts to communicate compliance and ethics concepts using storytelling and other informative techniques. Some of the highlights include:
Why storytelling works in the corporate world.
Why the power of voice works so well.
How internal podcasts can help a compliance function avoid compliance communication fatigue.
Why your imagination only limits you.
Resources
Shannon Martin on LinkedIn
Podbean

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20 min
October 31, 2022 James Koukios on MoFo’s April 2022 Top 10 International Anti-Corruption Developments
In this episode, I visit with fan fav James Koukios, partner at Morrison & Foerster on the firm’s always great monthly Top 10 International Developments newsletter for the month of April 2022. Some of the highlights include:
Key areas we discuss on this podcast are:
·      The Stericycle FCPA enforcement action.
·      The Roger Ng conviction.
·      Limits of prosecution on FCPA accounting provisions?
·      US government using corporations in the ABC, AML and trade control fight.
James Koukios on MoFo.com
MoFo Top 10 International Anti-Corruption Developments for April 2022

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26 min
October 24, 2022 A Dark Day for Dechert
In this episode, I visit with Jonathan Armstrong, partner at Cordery Compliance in London. We consider the recent payment by the international law firm Dechert of £20 million for its conduct and that of its former partner Neil Gerrard in the ENCR affair. The matter was certainly a dark day for Dechert and a black eye on the legal profession. Some of the highlights include:
Key areas we discuss on this podcast are:
·      What were the failures of the law firm?
·      What led to the £20 million interim payment?
·      Will there be discipline against the law firm?
·      What is the role of a law firm to oversee investigations?
·      How are the implications of holding investigative data under GDPR going forward?
·      Who watches the watchers (and investigators)?
Resources
Jonathan Armstrong on Cordery Compliance
Hannah Walker in Law.com on the scandal

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24 min
October 17, 2022Erica Salmon Byrne on Ethisphere Partnership with Alpine Investors
In this episode, I visit with Erica Salmon Byrne, now CEO at Ethisphere. We review the firm’s recent acquisition by Alpine Investors, a B-Corp. Key areas we discuss on this podcast are:
What does this new partnership mean for Ethisphere?
Who is Alpine Investors, and what is a B Corp.
What is People Focused Private Equity, and why was this a good fit for Ethisphere?
What will be Erica’s role going forward?
How this move will refocus Ethisphere’s efforts in ESG.
Resources
Ethisphere Press Release
Ethisphere
Alpine Investors

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21 min
October 10, 2022 Oracle FCPA Enforcement Action
In this episode, I take on a solo pod to discuss and consider the Oracle FCPA enforcement action brought by the Securities and Exchange Commission. Key areas for discussion on this podcast are:
·      Background facts.
·      Same facts in same country?
·      Failure of a paper program.
·      The need for data analytics.
·      Where is the DOJ?
·      What are the lesson learned going forward?
Resources
For a White Paper on the Oracle FCPE enforcement action, email [email protected]

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26 min
October 03, 2022Mike Huneke on the General Counsel Role in CCO Certification
In this episode, I visit with Mike Huneke, partner at Hughes Hubbard. We look at the role of the GC in the CCO certification requirement as first announced by Assistant Attorney General Kenneth Polite and confirmed by Deputy Attorney General Lisa Monaco. Some of the highlights include:
Key areas we discuss on this podcast are:
What is the new CCO certification policy?
Why did the DOJ create the policy?
How has the DOJ thinking around recidivists evolved?
Reasonableness is not a factual basis.
Companies with full transparency are unlikely to have conflicts due to the recent changes in CCO certification.
What is the role of the monitor going forward?
Resources
Mike Huneke on Hughes Hubbard
What is the General Counsel’s role in CEO and CCO compliance certifications? On the FCPA Blog

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29 min
September 30, 2022 The EC Gang on the Monaco Doctrine
In this special 5 part podcast series, I am deeply diving into the Monaco Memo and analyzing it from various angles. In this episode of the FCPA Compliance Report, we have the Award-Winning Everything Compliance quartet of Jonathan Marks, Jonathan Armstrong, Karen Woody, and Tom Fox on the Monaco Memo.
1. Tom Fox looks at the Monaco Memo through the monitorship language and answers a listener's questions about compliance programs under the Monaco Memo.
2. Karen Woody reviews the Monaco Memo, the self-disclosure angle, and investigatory considerations and ponders the role of defense counsel going forward.
3. Jonathan Marks also looks at investigatory issues under the Monaco Memo, the role of the Board of Directors, and the role of the forensic auditor under the Monaco Memo.
4. Jonathan Armstrong's self-disclosure from a UK angle joins Karen Woody in questioning how defense counsel should move forward.
Resources
Tom 5-Part blog post series in the FCPA Compliance and Ethics Blog
1.     A Jolt for Compliance
2.     Timely Self-Disclosure
3.     Corporate Compliance Programs
4.     Monitors
5.     The Heat is On
Monaco Memo

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57 min
September 29, 2022 Laura Perkins on the Monaco Memo
In this special 5 part podcast series, I am taking a deep five into the Monaco Memo and analyzing it from a variety of angles. In this episode of the FCPA Compliance Report, I am joined by Hughes Hubbard partner Laura Perkins to take a deep dive into the Monaco Memo. Some of the highlights include:
1.     Determination of Monitor Need.
2.     Roadmap to proa-active compliance.
3.     Timely self-disclosure as criteria for monitorship?
4.     Monitor selection criteria.
5.    Monitor review and oversight.
Resources
Laura Perkins on HughesHubbard.com
Tom 5-Part blog post series in the FCPA Compliance and Ethics Blog
1.     A Jolt for Compliance
2.     Timely Self-Disclosure
3.     Corporate Compliance Programs
4.     Monitors
5.     Polite Speech
Monaco Memo

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22 min
September 28, 2022Matt Kelly on the Monaco Memo
In this special 5 part podcast series, I am deeply diving into the Monaco Memo and analyzing it from various angles. In this episode of the FCPA Compliance Report, I am joined by my Compliance into the Weeds co-host Matt Kelly for a deep dive into the weeds of the Monaco Memo. Some of the highlights include:
Corporate accountability.
Timeliness in turning over evidence of wrongdoing.
Baby Carrots in evaluating the corporate history of misconduct.
Additions to Evaluation of Corporate Compliance Programs.
Tweaks to the Yates Memo formulation.
Monitors and Monitorships.
Resources
Matt in Radical Compliance
Tom in the FCPA Compliance and Ethics Blog
Introduction
Self-Disclosure
Corporate Compliance Programs
Monitors
What it all means
Monaco Memo

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37 min
September 27, 2022Vin DiCianni on the Monaco Memo
In this special 5 part podcast series, I am deeply diving into the Monaco Memo and analyzing it from various angles. In this episode of the FCPA Compliance Report, I am joined by my Affiliated Monitors founder Vin DiCianni to take a deep dive into the monitors and monitorship portions of the Monaco Memo. Some of the highlights include:
Determination of Monitor Need.
Roadmap to proa-active compliance.
Timely self-disclosure as criteria for monitorship?
Monitor selection criteria.
Monitor review and oversight.
Resources
Vin DiCianni on Affiliated Monitors
Tom 5-Part blog post series in the FCPA Compliance and Ethics Blog
A Jolt for Compliance
Timely Self-Disclosure
Corporate Compliance Programs
Monitors
Polite Speech
Monaco Memo

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37 min

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