Legal and Regulatory

Parsing the differences between the requirements of the U.S. FCPA, the U.K. Bribery Act, and the E.U.’s patchwork of laws can give even the most diligent compliance professional a headache. Ethisphere’s experts are here to help, laying out what the shifting regulatory landscape means in practice for you and your company.

Can a Party be Excused from Contract Obligations by Citing the COVID-19 Pandemic?

By |2020-06-11T22:20:43+00:00June 9th, 2020|COVID-19, Legal and Regulatory|

Matthew J. Latella Earlier this year, the World Health Organization (WHO) assessed COVID-19 as a pandemic. The rapid spread of COVID-19, combined with the impact of various government responses  have caused unprecedented disruptions to business on a global scale, including commercial travel, supply chains, and other commercial operations and relationships. As a result, ...

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Continuous Improvement: DOJ Updates Compliance Guidelines

By |2020-06-04T17:53:56+00:00June 4th, 2020|Legal and Regulatory|

Geoff Martin, Litigation and Government Enforcement, Baker McKenzie "One hallmark of an effective compliance program is its capacity to improve and evolve" (DOJ Compliance Program Evaluation Guidelines at Section III. A.) The U.S. Department of Justice ("DOJ") is following its own advice in maintaining and reviewing its Guidance on Evaluating Corporate Compliance ...

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Constellation Brands: Comparing Mexican & US Law

By |2020-04-15T22:34:28+00:00April 15th, 2020|Latin America, Legal and Regulatory|

Eduardo Vargas-Garcia, Ethics & Compliance Director, Constellation Brands     In 2016, Mexico passed a law to create the National Anticorruption System (NAS). Rather than an entity, the NAS is an organized set of regulations that coordinate several government entities and agencies to enhance anti-corruption controls. One key piece of this set of regulations is the ...

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BELA Asia Pacific

By |2020-04-16T18:11:29+00:00March 12th, 2020|Asia-Pacific, Compliance and Ethics, Legal and Regulatory|

In the pages of the BELA Asia Pacific magazine, you will find a collection of profiles and stories showing how a diversified group of respected company leaders work together to help navigate the challenges of assuring a world of transparency, sustainability, and ethics. Featuring insights from Western Digital, 3M, Boeing, Prudential Assurance Company Singapore, and more. Plus, ...

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Morrison & Foerster: Business Records in the Era of Snapchat

By |2019-12-31T21:09:38+00:00December 30th, 2019|***Ethisphere Magazine, Legal and Regulatory|

On March 8, 2019, the Department of Justice (DOJ) announced welcome revisions to its November 2017 Foreign Corruption Practices Act (FCPA) Corporate Enforcement Policy, now incorporated as Justice Manual (JM) 9-47.120. The 2017 Policy had introduced a rebuttable presumption that the DOJ would decline to prosecute companies that voluntarily self-disclose, fully cooperate, ...

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Success Will Rely on CLO’s Skillset

By |2020-01-07T15:32:45+00:00December 30th, 2019|***Ethisphere Magazine, Legal and Regulatory, Sustainability|

Leaders today are navigating a business environment that is evolving at a record pace. And while financial measures of success proliferate, savvy business executives realize that the full measure of a corporation’s value transcends the balance sheet. Faced with this reality and the rapid pace of change, chief executive officers and boards of directors ...

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Morrison & Foerster: Understanding the Latest DOJ Guidance

By |2019-12-18T21:11:05+00:00November 26th, 2019|Legal and Regulatory, Value Chain and Third Party|

James Koukios speaking on a panel at the Mexico City Ethics Summit in May 2019 What does the U.S. Department of Justice (DOJ) expect of a corporate compliance program? How does the DOJ evaluate whether a compliance program meets those expectations? And how can a company proactively shape its compliance program to meet ...

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Beyond Certification: Consider Other Ways ISO 37001 Can Help Improve Programs

By |2020-05-21T00:27:10+00:00November 3rd, 2018|Compliance and Ethics, Legal and Regulatory, Value Chain and Third Party|

In risk and compliance circles, ISO 37001—the International Organization for Standardization (ISO) 37001 Anti-Bribery Management Systems Standard—continues to spark debate, with many of the discussions focusing on certification. This is a worthy topic, but even for companies not quite ready to take the certification leap, ISO 37001 can still offer value. ...

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Cyber Enforcement Picks Up…And New Risks Emerge

By |2019-12-03T15:23:35+00:00November 3rd, 2018|Corporate Purpose, Cyber Security, Legal and Regulatory|

You know your company’s data is a valuable asset and that you have to protect it. But how well do you know what your company actually does with its data and where it stores it? And how well do you know how data-protection regulators around the world would view your company—and the adequacy of ...

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A South Asia Primer: Challenges and Risks of Doing Business in India

By |2019-12-31T18:29:32+00:00September 26th, 2018|Compliance and Ethics, Legal and Regulatory, South Asia|

Global companies doing business in India should be aware of the heightened risk of corruption, particularly if they use third parties to promote their business, obtain licenses, permits, and authorizations, or otherwise represent companies before government authorities (sometimes referred to as "liaisoning"). In addition, organizations should know about the increased enforcement risks, both in ...

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