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this second edition contains some new “hypotheticals” — facts of actual cases the DOJ finds important enough to focus on — and, in keeping true to its name, has included additional resources and links for chief compliance officers looking to design and audit their companies’ anticorruption compliance programs.
In July of this year, the Department of Justice and the SEC released their first comprehensive update to the original FCPA Resource Guide published in 2012 (the “original guide”). Much of the new version (the “Resource Guide” or the “Guide”) is the same as the old one and many of the new sections essentially borrow from other DOJ and SEC guidances and pronouncements that have been issued since 2012. But this second edition also contains some new “hypotheticals” — facts of actual cases the DOJ finds important enough to focus on — and, in keeping true to its name, has included additional resources and links for chief compliance officers looking to design and audit their companies’ anticorruption compliance programs. And for those of you who think that in the age of COVID, FCPA enforcement is dead, having been replaced by investigations of companies fraudulently touting cures and vaccines, one only has to look so far as public company SEC filings and the DOJ’s website announcing large FCPA settlements to know this is no time for companies to relax their vigilance.
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Disclosure of Investigations: Whether and When for Public Companies
By Jacqueline C. Wolff and Karin M. Bell
You should be thinking about disclosure long before you even hear from a whistleblower, specifically, in terms of setting up policies and procedures governing how to handle the information flow from the investigative side of the house to the disclosure side.
Smoke & Mirrors: The New York Cannabis Law’s Illusory Lease Mandate
By Marjorie J. Peerce, Michael P. Robotti and Kamera Boyd
New York’s recently enacted cannabis law, the Marijuana Regulation and Taxation of 2021 (MRTA), created a maze of new legal requirements. These provisions affect not only cannabis companies, but also the companies that conduct business with them.
As Federal Antitrust Prosecutions Rise, Potential Criminal Pitfalls Loom for HR Professionals
By Laily Sheybani
The Biden administration seeks to position itself as one that will crack down on employers’ attempts to limit their employees’ mobility and pay through allegedly non-competitive measures.
Why Are Courts Making Cybersecurity Forensics Reports Not Privileged?
By David P. Saunders
Internal corporate investigations can be, and frequently are, privileged. However, it is difficult to square that concept with the recent spate of federal court opinions that have concluded that cybersecurity forensic reports generally are not privileged.
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