Global Featured Wired

Episode 68 — FCPA Guidance and Safe Harbors

Corruption, Crime & Compliance Blog -

The FCPA Guidance continues to inform compliance practitioners on compliance best practices. Issued in 2012, the FCPA Guidance provides important information concerning a number of compliance functions and risks.  The FCPA Guidance includes important discussions about legal intent, due diligence, successor liability and other issues, which can be used to establish important safe harbors for an effective ethics and compliance program.

In this episode, Michael Volkov discusses the enduring importance of the FCPA Guidance and discusses specific examples of areas where the FCPA Guidance can be used to inform day-to-day compliance decisions.

The post Episode 68 — FCPA Guidance and Safe Harbors appeared first on Corruption, Crime & Compliance.

Corruption: Planet earth is being sold out

Whistleblower Protection Blog -

Protecting and incentivizing whistleblowers is essential to combat environmental crimes

The world is facing daunting environmental challenges, many exacerbated by corruption. A number of the planet’s protected species are disappearing rapidly, due in part to the illegal trade in flora and fauna, and corruption comes into play as traffickers often rely on fraudulent paperwork to move parts from endangered species and illegal timber across borders.

Preventing and combating corruption requires a comprehensive approach, but only in a climate of transparency, accountability and participation by all members of society is this possible.

The National Whistleblower Center (NWC), through its Global Wildlife Whistleblower Program, has used technology to create a confidential and secure transnational online reporting platform to encourage reports of wildlife trafficking and other environmental crimes. This platform provides a secure and completely confidential online platform where individuals across the world can report wildlife crime. According to the NWC incentivizing whistleblowers is essential to increasing the detection of these crimes. Whistleblowers worldwide may be eligible for financial rewards, under applicable U.S. laws, for reporting violations of laws that safeguard the planet’s protected species and sustainability.

“Whistleblowers remain the key source of information on fraud and corruption at home and abroad.  However, they still face retaliation in many countries around the world. We need to rally our efforts to ensure that whistleblowers are protected and empowered. The first step toward making that happen is to make sure whistleblowers and anti-corruption groups understand the tools they have available to them” said Stephen M. Kohn, Executive Director of the National Whistleblower Center.

Learn more about how incentivizing whistleblowers can combat wildlife crime:

* * *

The NWC’s Global Wildlife Whistleblower Program, was named a Grand Prize Winner of the Wildlife Crime Tech Challenge, an initiative of USAID in partnership with the National Geographic Society, the Smithsonian Institution and TRAFFIC.

California Meal and Rest Breaks: What you Don’t Know Can Cost you

Corporate Compliance Insights -

The TrainHR Course is approved by HRCI and SHRM Recertification Provider. Overview: California statutes pertaining to meal and rest periods for non-exempt employees is one of the more confusing topics in today’s business environment. This course is designed to provide you with a practical foundation for understanding the law. It includes guidelines for how to The post California Meal and Rest Breaks: What you Don’t Know Can Cost you appeared first on Corporate Compliance Insights.

(This is only a summary. Click on the headline to view the entire article at Corporate Compliance Insights and participate in the discussion.)

How Leaders can Create a Culture of Everyday Civility that Means Business

Corporate Compliance Insights -

The TrainHR Course is approved by HRCI and SHRM Recertification Provider. Overview: This webinar has been designed by one of the foremost experts in toxic personalities and everyday civility-Dr. Mitchell Kusy. Translating his research into evidence-based practices, Dr. Kusy will provide four distinct and concrete ways to create organizations of everyday civility: Integrating values into The post How Leaders can Create a Culture of Everyday Civility that Means Business appeared first on Corporate Compliance Insights.

(This is only a summary. Click on the headline to view the entire article at Corporate Compliance Insights and participate in the discussion.)

Dynamic HR: How to Transition from Tactical to Strategic HR

Corporate Compliance Insights -

The TrainHR Course is approved by HRCI and SHRM Recertification Provider. Overview: The need for tactical human resources tasks will probably never go away, but this doesn’t mean that this is where the growth and value of HR ends. In today’s competitive business environment, people management at all levels of an organization needs to be The post Dynamic HR: How to Transition from Tactical to Strategic HR appeared first on Corporate Compliance Insights.

(This is only a summary. Click on the headline to view the entire article at Corporate Compliance Insights and participate in the discussion.)

Labor and Employment Law Issues – Wage & Hour Compliance

Corporate Compliance Insights -

The TrainHR Course is approved by HRCI and SHRM Recertification Provider. Overview: The Fair Labor Standards Act (FLSA), commonly referred to as the Wage and Hour Act, was passed in 1938 and since then has been amended many times. It is considered an Employee Protection Act whereby employees are generally presumed non-exempt and entitled to The post Labor and Employment Law Issues – Wage & Hour Compliance appeared first on Corporate Compliance Insights.

(This is only a summary. Click on the headline to view the entire article at Corporate Compliance Insights and participate in the discussion.)

HR Compliance 101 – for Non HR Managers

Corporate Compliance Insights -

The TrainHR Course is approved by HRCI and SHRM Recertification Provider. Overview: Knowing what to do in increasingly complicated employee situations can be difficult for even seasoned managers, especially if a manager has never had training. For a new manager these problems are intensified. Further exacerbating the problem is that managers often inherit a dysfunctional The post HR Compliance 101 – for Non HR Managers appeared first on Corporate Compliance Insights.

(This is only a summary. Click on the headline to view the entire article at Corporate Compliance Insights and participate in the discussion.)

Using Regression Analysis in Compensation

Corporate Compliance Insights -

The TrainHR Course is approved by HRCI and SHRM Recertification Provider. Overview: In this webinar we will build a pay structure using hypothetical pay survey data. Why should you Attend: Learn how to build a pay structure with regression analysis. Pay lines are created using this technique that form the basis for the establishment of The post Using Regression Analysis in Compensation appeared first on Corporate Compliance Insights.

(This is only a summary. Click on the headline to view the entire article at Corporate Compliance Insights and participate in the discussion.)

Live Webinar on Employment-at-Will! Does It Protect Employers from Wrongful Termination Allegations?

Corporate Compliance Insights -

OVERVIEW • You may have heard about at will employment but what does that mean? • If you employ your workers “at-will”, does that mean you can fire them whenever you want? • Does invoking the doctrine of employment-at-will protect you from wrongful termination lawsuit? WHY SHOULD YOU ATTEND Many employers make the mistake of The post Live Webinar on Employment-at-Will! Does It Protect Employers from Wrongful Termination Allegations? appeared first on Corporate Compliance Insights.

(This is only a summary. Click on the headline to view the entire article at Corporate Compliance Insights and participate in the discussion.)

SCCE’s Basic Compliance and Ethics Academy

Corporate Compliance Insights -

Basic Compliance and Ethics Academy Lake Buena Vista, FL January 21, 2019 – January 24, 2019 Our Basic Academies are ideal for professionals with some compliance knowledge and experience who are ready to support, enhance and manage a comprehensive compliance program. They are taught by compliance professionals, hand-selected for their experience and teaching skills. Topics The post SCCE’s Basic Compliance and Ethics Academy appeared first on Corporate Compliance Insights.

(This is only a summary. Click on the headline to view the entire article at Corporate Compliance Insights and participate in the discussion.)

Calculating Overtime Correctly Under the Fair Labor Standards Act

Corporate Compliance Insights -

The TrainHR Course is approved by HRCI and SHRM Recertification Provider. Overview: The purposes and the scope of employee handbook policies and the practices are changing and expanding.From a siloed HR activity that creates insular documents concerned primarily with communicating the organizational work rules and benefits, employee handbook policies and practices have evolved into a The post Calculating Overtime Correctly Under the Fair Labor Standards Act appeared first on Corporate Compliance Insights.

(This is only a summary. Click on the headline to view the entire article at Corporate Compliance Insights and participate in the discussion.)

Transforming HR through Six Sigma: Adopting a New Way of Thinking about Human Resources

Corporate Compliance Insights -

The TrainHR Course is approved by HRCI and SHRM Recertification Provider. Overview: What is Six Sigma? Six Sigma is a powerfully dynamic approach to process improvement in order to do things better, faster, and at a lower cost. It has been applied to every facet of business, ranging from production to human resources, to order The post Transforming HR through Six Sigma: Adopting a New Way of Thinking about Human Resources appeared first on Corporate Compliance Insights.

(This is only a summary. Click on the headline to view the entire article at Corporate Compliance Insights and participate in the discussion.)

Popcorn and Compliance: Bohemian Rhapsody

FCPA Compliance & Ethics -

In this new podcast series, recovering screenwriter (and Mr. Monitor) Jay Rosen and I will indulge in passion for the movies by looking at them through the lens of compliance. Jay is a contemporary movie fan and I am more of a classic movie maven so we present a well-rounded view of the movie fandom. [...]

The post Popcorn and Compliance: Bohemian Rhapsody appeared first on Compliance Report.

Interview with Puneet Chhatwal – MD & CEO of The Indian Hotels Company

Ethical Boardroom Feeds -

The Indian Hotels Company Limited (IHCL) and its subsidiaries, collectively known as Taj Group, is one of Asia’s largest and finest group of hotels. What makes the company standout amongst its peers is its relentless pursuit to achieve the highest standards of corporate governance as they believe that good governance supports long-term value creation and underpins growth. Here today to talk about IHCL’s corporate governance policies and the company’s future outlook over the next five years is Mr Puneet Chhatwal – MD & CEO of The Indian Hotels Company Limited.

DOJ Tells Tech Companies to Develop “Responsible Encryption”

Program on Compliance and Enforcement, New York University School of Law -

by Laura Goodall, Michael Mugmon, and John F. Walsh

On November 29, 2018, in a speech at the Georgetown University Law School, Deputy Attorney General Rod Rosenstein renewed his call for tech companies to build into their products the means for law enforcement to legally access decrypted data, the development of so-called “responsible encryption.”[1] Mr. Rosenstein analogized such encryption to requirements that buildings disable elevators in the event of a fire but still retain firemen’s access, and he beseeched the private sector to work with the government to mitigate the security threats posed by rapid technological advances.

Summary of Mr. Rosenstein’s Address

Detailing the threat of ransomware, Mr. Rosenstein warned that the “malicious use of technology will be more pernicious and pervasive tomorrow than it is today, and even more difficult to combat.” To “forestall those ominous consequences,” he proposed three steps:

First, technology must be designed such that security is equally considered along with novelty and convenience, in the same way that cars are designed with airbags and ships with floatation devices.

Second, the private sector must work cooperatively with law enforcement agencies on emerging security issues.

Third, because thwarting technologically enabled destructive activities is a “moral imperative,” a “culture in which technology companies work to defeat legitimate law enforcement activities” cannot be permitted.

Mr. Rosenstein rejected an argument that tech companies’ innovation automatically contributes to the public good. He did not blame the tech companies for “failing to consider” the law enforcement and public safety concerns implicated by their products, but asserted that their profit motive does not require them to anticipate or prevent the misuse of the products they are racing to get to market. Indeed, he described a “fundamental misalignment of economic incentives and security,” exemplified by how developing more secure devices requires additional testing and validation, thereby slowing production times.

Mr. Rosenstein argued that because of this misalignment between companies’ desires to achieve competitive advantages and public safety, law enforcement’s focus on improving cybersecurity, thwarting cyber threats, and improving security across the private and public sectors becomes all the more important. Law enforcement must be able to identify perpetrators and impose     punishment. The private sector, Mr. Rosenstein asserted, should not hinder that effort. He called out communications providers for understaffing their offices that respond to law enforcement requests and complained about so-called “warrant-proof” encryption, whereby products are designed in such a way that it is impossible for tech companies to assist in executing warrants. Instead, Mr. Rosenstein encouraged tech companies to develop responsible encryption—“effective, secure encryption that resists criminal intrusion but allows lawful access with judicial authorization.”

Mr. Rosenstein took the position that security researchers, technology companies, academics and information security professionals refusing to help develop responsible encryption is not “virtuous.” Instead, tech companies “share a duty to comply with the law and to support public safety, not just user privacy.” Ultimately, the collaborative search for security solutions “will enable us to harness the wonder of new advances without descending into technological anarchy.”

Key Takeaways from Mr. Rosenstein’s Address

Technology companies should take away several key points from Mr. Rosenstein’s speech.

First, the speech suggests that the Trump administration will take a hard line against the tech industry’s trend toward unbreakable encryption. This is not Mr. Rosenstein’s first time calling for responsible encryption, and it will likely not be his last. In fact, in an August 30, 2017, speech, Mr. Rosenstein lamented tech companies’ alleged unwillingness to help enforce court orders to obtain evidence stored on electronic devices,[2] and in an October 10, 2017, speech, Mr. Rosenstein specifically described a need for responsible encryption.[3] And Mr. Rosenstein’s calls will likely continue despite evidence that the FBI has repeatedly provided inflated statistics to Congress and the public about the extent of problems posed by encrypted cellphones.[4]

Second, Mr. Rosenstein’s speech may signal the federal government’s increasing willingness to litigate disputes with tech companies that refuse to voluntarily cooperate with law enforcement to produce decrypted information.

Third, the fact that Mr. Rosenstein provided few specifics as to how responsible encryption would actually work may reveal Mr. Rosenstein’s belief that the innovation onus lies on the private sector. Indeed, the only details Mr. Rosenstein provided regarding functionality were that any backup key “does not need to be held by a single entity, and it does not need to be held by the government.” Mr. Rosenstein’s praise in his speech for Ray Ozzie, a former Microsoft executive, who, by his own initiative, “reportedly developed a system that he believes could allow law enforcement access to encrypted data without significantly increasing security risks for users,” reinforces an apparent belief that security ingenuity should not be dependent on government funding.

Finally, in encouraging tech companies to design responsible encryption, the Department of Justice is unlikely to be sympathetic to American companies’ concerns that including such encryption in their products will reduce their global competitiveness. Foreign businesses, governments and individuals could be wary of devices and messaging challenges that are accessible to the US government, and demand for American products could decrease globally.[5] Ultimately, the alleged misalignment Mr. Rosenstein describes between market forces and public security may in fact become aggravated by Mr. Rosenstein’s persistent call for responsible encryption.

Footnotes

[1] Rod J. Rosenstein, Deputy Attorney General, Keynote Address at the Georgetown University Law Center’s Cybercrime 2020 Conference (Nov. 29, 2018).

[2] Rod J. Rosenstein, Deputy Attorney General, Remarks at the 10th Annual Utah National Security and Anti-Terrorism Conference (Aug. 30, 2017).

[3] Rod J. Rosenstein, Deputy Attorney General, Remarks on Encryption at the United States Naval Academy (Oct. 10, 2017).

[4] See Devlin Barret, FBI Repeatedly Overstated Encryption Threat Figures to Congress, Public, WASH. POST., May 22, 2018.

[5] See Rina Pfefferkorn, “The Risks of ‘Responsible Encryption” (PDF: 614 KB) at 9, Feb. 2018, THE CENTER FOR INTERNET  AND SOCIETY.

Laura Goodall is an associate, and Michael Mugmon and John F. Walsh are partners at Wilmer Hale Pickering Hale and Dorr LLP

Disclaimer

The views, opinions and positions expressed within all posts are those of the author alone and do not represent those of the Program on Corporate Compliance and Enforcement (PCCE) or of New York University School of Law.  PCCE makes no representations as to the accuracy, completeness and validity of any statements made on this site and will not be liable for any errors, omissions or representations. The copyright of this content belongs to the author and any liability with regards to infringement of intellectual property rights remains with the author.

SEC Rulemaking Over the Past Year, the Road Ahead and Challenges Posed by Brexit, LIBOR Transition and Cybersecurity Risks

The Harvard Law School Forum on Corporate Governance and Financial Regulation -

Posted by Jay Clayton, U.S. Securities and Exchange Commission, on Friday, December 7, 2018 Editor's Note: Jay Clayton is Chairman of the U.S. Securities and Exchange Commission. This post is based on Chairman Clayton’s recent public statement, available here. The views expressed in this post are those of Mr. Clayton and do not necessarily reflect those of the Securities and Exchange Commission or its staff.

Thank you Jason [Healey] for that kind introduction. [1]

For many, December is a time to reflect on the past year and to look forward to what the New Year may bring. I believe organizations also should mark milestones, take stock of what has been done and what needs to be done, and adjust course accordingly.

My colleagues at the Commission and I go through this exercise relatively frequently, including to fulfill statutory reporting requirements—yes, like the public companies we regulate, we too have disclosure obligations.

In the past few months, we published a new, four year strategic plan and our annual report for fiscal year 2018. [2] We also participate in the annual report process for the Financial Stability Board and the Financial Stability Oversight Council. [3] In addition, our divisions and offices undertake similar reviews and, in some cases—notably, the Division of Enforcement and the Office of Compliance Inspections and Examinations—publish an annual report and exam priorities, respectively. [4]

Today [December 6, 2018], I would like to go through this exercise with respect to our rulemaking efforts. I will review our progress on the agenda for 2018, then discuss the agenda for 2019, and close with observations on certain of the key risks that we are monitoring—namely, Brexit, the LIBOR transition and cybersecurity risks.

(more…)

Compliance in Mongolia

The Compliance & Ethics Blog -

By Adam Turteltaub adam.turteltaub@corporatecompliance.org This is a picture of me speaking at a compliance conference that I was invited to attend.  It looks like many other pictures of me at compliance conferences.  And it looks like many compliance conferences we have all been to. But this one is different.  It’s in Ulaanbaatar, Mongolia.  To spare […]

This Week in FCPA-Episode 132, the Farewell to George H. W. Bush edition

FCPA Compliance & Ethics -

As Tom and Jay prepare for the December holiday season, they consider data privacy, an FCPA trial, the Moonves scandal, give personal remembrances of and say farewell to George H. W. Bush and all while reviewing the week’s top compliance and ethics stories. Compliance Week devotes an entire issue to data privacy. Some of the highlights [...]

The post This Week in FCPA-Episode 132, the Farewell to George H. W. Bush edition appeared first on Compliance Report.

Popcorn and Compliance: Rogue One and the Myth of the Rogue Employee

FCPA Compliance & Ethics -

We conclude our 5-part series on the intersection of Star Wars and compliance by looking at the only stand-alone entry in the Star War series, Rogue One. This movie tells the tale of the spies who stole the schematics from the original Death Star and transmitted it to Princess Leia and thereby the Rebel Alliance. [...]

The post Popcorn and Compliance: Rogue One and the Myth of the Rogue Employee appeared first on Compliance Report.

Director, Compliance and Risk Management (Orlando, FL)

Corporate Compliance Insights -

Job description Position Details Job Description Functional title: Director, Enterprise Risk and Insurance Management This position reports to the chief compliance, ethics, and risk officer and is responsible for all aspects of Enterprise Risk Management (ERM), including working with university stakeholders to assess, identify and assist in the remediation of the potential risks that may The post Director, Compliance and Risk Management (Orlando, FL) appeared first on Corporate Compliance Insights.

(This is only a summary. Click on the headline to view the entire article at Corporate Compliance Insights and participate in the discussion.)

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