Topic: Compliance

What Wal-Mart’s Mexican Bribery Scandal Means to Corporate Compliance & the FCPA

(Wal-Mart Bribery Allegations: Initial Impressions by Thomas Fox) In a stunning revelation this weekend, the New York Times reported on millions of dollars in bribes spent by Wal-Mart de Mexico – and covered up by Wal-Mart’s board and senior management – to support the unit’s rapid expansion to market dominance in Mexico. If the allegations… Read more »

5 Characteristics of an Effective Corporate Compliance Program

Any corporation whose business extends beyond United States borders must have a comprehensive and effective compliance program to address the rules of the Foreign Corrupt Practices Act – and, for that matter, any additional corruption regulations in countries where they conduct business. But a good program is more than a set of rules, it’s a… Read more »

The $22.5 Million Co-Pay: 5 Lessons from the Biomet Bribery Case

Open (your wallet) wide and say “Aaah” – late last month, medical device manufacturer Biomet, Inc. paid more than $20 million to settle charges that it bribed doctors around the world to boost sales of its products over an eight-year period. It’s the latest in a long line of recent settlements over violations of the… Read more »

European Legal Spotlight: Privacy and Data Protection, Anti-Corruption, Competition Law, & More

For your reference, a roundup of commentary and analysis on a broad range of legal matters relevant to companies active in Europe: Competition Law Below-cost Pricing by a Dominant Company May Not Constitute a Breach of EU Competition Law (K&L Gates LLP) “A recent European Court case has confirmed that a dominant firm will not… Read more »

China Law Roundup: Criminal Procedure, FCPA, Banking Fee Investigation, CIETAC Arbitration Rules, Drug Safety, & More

For your reference, a roundup of recent Chinese legal news and developments of interest to multinationals active in the country: China’s Parliament Adopts Revision to Criminal Procedure Law (Sheppard Mullin Richter & Hampton LLP) “On March 14, 2012, the fifth session of the National People’s Congress adopted the latest revision to China’s Criminal Procedure Law… Read more »

FCPA: A Look Into The Future of Enforcement

Are the tactics of Foreign Corrupt Practices Act enforcement changing? That’s the question white collar and anti-corruption lawyer Mike Volkov ponders in Wiretaps — A New Tool for FCPA Enforcement?: “While the whistleblower rules are important and justify vigilant compliance efforts, there is a more significant, and possibly damaging, trend for FCPA enforcement. Corporations now… Read more »

Compliance Roundup: “Instrumentality” under the FCPA, Corruption Due Diligence, & More

Two recent updates on corruption and bribery provide important perspective on the challenges for multinationals in complying with the US Foreign Corrupt Practices Act and the UK Bribery Act.  From law firm Warner, Norcross & Judd, a warning for companies doing business outside the United States that US officials – and the courts – continue… Read more »

Compliance and the International Supply Chain

From law firm Thompson Coburn, a useful advisory on the importance of extending compliance efforts across all links in the corporate supply chain: “A failure to coordinate the compliance systems of the principal/exporter and the logistics services provider creates a substantial missed opportunity for enhancing compliance and invites liability that can be easily avoided.” Read… Read more »

Most Popular Corporate Law Posts – Feb 2012

For your reading pleasure, here’s a roundup of the most-read Corporate Law posts over the past month: human trafficking, HIPAA compliance, FATCA regulations, fracking, conflict minerals and more.  1. California Transparency in Supply Chains Act Takes Effect January 1, 2012 “The California Transparency in Supply Chains Act of 2010 goes into effect on January 1,… Read more »

Compliance Roundup: Company Policies, SFO Convictions, Criminal Intent, Language Barriers, & More

For your reference, here’s a roundup of recent law firm commentary on key issues facing global corporations in their ongoing fight against corruption and bribery: Compliance Rules for Compliance Sakes? (Michael Volkov)  “A strict policy without any rational justification is a costly policy. Too many companies simply adopt a flat amount for certain expenditures above… Read more »

Compliance Program Roundup: Key Elements of Internal Anti-Corruption Initiatives

“All too often, I hear complaints about compliance officers, general counsels, and outside counsels, who are the so-called ‘deal-killers’ or ‘doomsayers.’ The challenge within any organization is not to stop the work but to consult and advise on ways to meet the requirements of the law and figure out a way to make it work.… Read more »

The Travel Act: Bribing Business Representatives is Still Bribery…

“With all the attention being paid to the Justice Department’s aggressive prosecution of the Foreign Corrupt Practices Act,” writes law firm Sheppard Mullin, “companies might be tempted to celebrate if an internal investigation revealed that no bribes had been paid to foreign officials.” But if that investigation were to reveal bribes paid to “non-government foreign… Read more »

Anti-Bribery: Prosecutorial Misconduct, Private Suits, IRS Enforcement, China, Mexico, and Other Updates

For your reference, a roundup of recent law firm commentary touching upon some of the issues central to the ongoing, global fight against bribery and corruption: DOJ’s FCPA Trial Record (Michael Volkov) “The O’Shea case was an unfortunate result. The judge was no friend of DOJ. He has a reputation as an anti-government judge, and… Read more »