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The Internal Audit Function
Among the many responsibilities of an audit committee, overseeing the function of internal audit can be among the more challenging and complex. New York Stock Exchange (NYSE)-listed companies must include, and many companies generally do include, oversight of the internal audit function as one of the responsibilities of the audit committee. As a result, it is common for an internal audit function to be required and the scope of that function subject to the oversight of the audit committee. From a governance perspective, what is the mission of internal audit?
According to the Institute of Internal Auditors (IIA) in its new professional practices framework, the mission of internal audit, and its role of enhancing and protecting the value of the organization, is to provide risk-based and objective assurance, advice and insight into the operations of an organization. One of the basic functions for an audit committee or a board of directors in connection with establishing and defining the functions of internal audit, is to seek agreement and consensus of the organization and management of the role to be played by internal audit and the focus of its work. Clearly, the basic functions relate to compliance programs, risk assessment and internal control; fostering a culture of excellence, integrity and compliance.
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.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.