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Consequences for FCPA Compliance
Part One of a Two-Part Article
We all know by now that the Sarbanes-Oxley legislation was designed to strengthen corporate governance of publicly traded companies in the wake of Enron and other corporate accounting and fraud scandals of recent years. Its focus was principally on domestic corporate conduct. However, in just the short time since its enactment in 2002, the Act has begun to have a profound impact on other areas of corporate compliance and risk management as well. One of these is the U.S. Foreign Corrupt Practices Act (FCPA). See Pub. L. No. 95-213, 91 Stat. 1494 (1977); as amended by Pub. L. No. 100-418, 102 Stat. 1107 (1988), Pub. L. No. 105-366, 112 Stat. 3302 (1998); codified at 15 U.S.C. ” 78m, 78dd-1 et seq.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.