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FCPA Compliance Report

Tom Fox has practiced law in Houston for 30 years and now brings you the FCPA Compliance and Ethics Report. Learn the latest in anti-corruption and anti-bribery compliance and international transaction issues, as well as business solutions to compliance problems.
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Now displaying: October, 2016
Oct 31, 2016

In today's podcast I chat with Alison Taylor, Director of Advisory Services at BSR, a global nonprofit organization that works with its network of more than 250 member companies and other partners to build a just and sustainable world. Alison, along with Sara Enright, is the co-author of a recent BSR Research Report entitled, “The Future of Stakeholder Engagement”, subtitled of Business Leadership for an Inclusive Economy. We discuss several issues raised by the Research Report, including What does stakeholder engagement mean in the 21st century? How has topic gained such traction over the past few years? What is the role of the compliance professional in stakeholder engagement? How does increased stakeholder engagement help to make companies stronger, more efficient and most critically more profitable?

Oct 25, 2016

In this episode, Matt Kelly and I discuss the differences between SOX 404 reporting controls and 302 disclosure controls. We then pivot to a discussion of the potential merging of the COSO 2013 Framework for controls with the COSO ERM Framework currently in the public comment period.

Oct 20, 2016

As the U.S. Department of Justice and the Securities Exchange Commission have increased their scrutiny of transnational business activities, and are actively coordinating with the foreign counterparts, the importance of having a thorough understanding of the Foreign Corrupt Practices Act (FCPA) is critical. An increasing number of these cases will be litigated through discovery and trial. The Institute will focus on the unique evidentiary and trial challenges that the parties must negotiate to successfully litigate and try a Foreign Corrupt Practices Act case. Working from a hypothetical fact pattern, a faculty consisting of experienced trial attorneys from private practice and the government, along with consultants, will explore the strategic, tactical and practical aspects of successfully litigating FCPA cases. To prepare for the event, the panelists will be working in teams (defense and government) in order to make the trial as realistic as possible. The fact pattern is structured so that both sides will be able to focus on strong themes to use in the trial, from voir dire, through opening statements, direct and cross examination of key witnesses, and closing arguments. They will also be working with trial consultants to evaluate how to best to present their case in the mock trial. 

The capstone of this unique event will be the mock FCPA trial, from voir dire through jury deliberations, presided over by a sitting federal judge, which attendees will be able to observe live and via video. Attendees of this program will improve their knowledge and understanding of the novel challenges involved in evaluating and potentially litigating a FCPA case, including the following: 

  • Developing Trial Themes and a Litigation Plan
  • Jury Selection
  • Openings and Closings
  • Direct and Cross Examination 

Program attendees will gain knowledge, understanding and insights that will improve their ability to develop -- and present to their clients -- a viable plan for successfully litigating and trying an FCPA case.

For more information and registration go to FCPA Mock Trial Institute.

Oct 17, 2016

Software platforms can provide a lot of efficiencies such as a reduction of time, resources and a more manageable audit trail. Still, software cannot do everything. Subject matter expertise is still essential to building a quality supplier risk management programme. 

Combining the right platform with bench strength will lead to better risk analysis and supplier communications. 

In this podcast, I visit with Jared Connors, Mgr. Supply Chain Risk at the Red Flag Group on the benefits of using a software technology platform combined with bench strength to help build a more effective risk management programme. We will discuss: 

  • The benefits of a quality technology platform approach 
  • Automating processes and increasing the audit trail efficiency
  • The value of subject matter expertise and risk analysis 
Oct 13, 2016

In this episode I visit with WSJ MarketWatch reporter Francine McKenna on the recently concluded Taylor Bean litigation against PwC and what it might mean for the Big 3 going forward. 

Oct 12, 2016

In this episode, I visit with Mike Scher on our upcoming panel at the FCPA Blog NYC Conference on Oct. 26th. We preview our panel by looking at the compliance response to the Wells Fargo scandal in the context of whom does the CCO represent.

Oct 6, 2016

In this episode, I visit with Samuel Buell, a professor at Duke University Law School. He chat on his piece in Slate online magazine entitled "Prosecuting Wells Fargo Executives Won’t Solve Anything' and he should know as Prof. Buell helped prosecute the executives at the center of Enron. We discuss the deficiencies in criminal law for such prosecutions and discuss how the corporate form is designed to diffuse responsibility and liability in a corporation.

Oct 4, 2016

In this episode I continue my conversation with compliance experts Matt Kelly, Mike Volkov and Jonathan Armstrong from the SCCE 2016 Compliance and Ethics Institute. We visit about the following topics: (1) Parallel tracks of sessions at SCCE events for different levels of compliance practitioners; (2) should the compliance function be involved with executive compensation issues and clawbacks; (3) Tom's highlights of the SCCE Compliance Award winners; (4) the difference between SCCE and FCPA corridor events; (5) will universities answer the call for academic training for compliance professionals; (6) are companies continuing to make the same mistakes over and over leading to continued FCPA enforcement actions; (7) what is the Board of Directors' role in compliance; (8) Jonathan Armstrong discusses the change in perceptions around the UK Serious Fraud Office and enforcement of the UK Bribery Act; and (9) human trafficking in the US. 

Oct 2, 2016

In this episode, I sit down with 4 top compliance commentators to discuss the SCCE 2016 Compliance and Ethics Institute conference. The panelists include Jay Rosen, Jonathan Armstrong, Mike Volkov and Matt Kelly. We discuss our presentations and observations on the  attendees.

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