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Compliance in the Era of 'Undersight'
Edmund Burke's famous 18th-century dictum encapsulates why compliance efforts cannot rely on written policies or Codes of Conduct alone. After all, Enron had policies on paper forbidding the practices that brought down the company. Without people willing to report violations of law or Codes of Conduct, compliance efforts inevitably will be frustrated.
The thesis of this article is that the new civil and criminal whistleblower provisions of Sarbanes-Oxley (SOX), coupled with growing acceptance of whistleblowing in both the law and popular culture, may create a climate in which employees more frequently engage in “undersight” to report violations of law or policy. “Undersight” is a term this author has coined to describe corporate employees who witness potential fraud first-hand and voice their concerns, in contrast with “oversight” through which corporate outsiders attempt to detect fraud relying on second-hand information.
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.
CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.