Compliance

 
 
  • Conflicts Guide For Compliance Officers

    The International Chamber of Commerce has published new guidelines on conflicts of interest in enterprises. It advises diligent monitoring of actual or potential conflicts of interest, or the appearance of conflicts among directors, officers, employees, agents and...

    • Posted 2 weeks ago
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  • Direct Versus Derivative in Shareholder Litigation

    When a shareholder brings a claim involving company officers and directors, the court must decide whether the shareholder is suing for harm suffered, and the claim is direct, or the alleged harm is suffered by the company...

    • Posted 4 weeks ago
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  • Silence Is a Red Flag When It Comes To Compliance

    Low report rates from employees are not a sign that all is well. It is a sign that your company has a method for reporting that doesn’t work. That was one of the messages at a recent...

    • Posted 1 month ago
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  • Protecting Investments in IP and People

    Even if you have no products that compete with another company, that company can be your competitor for employees. And competition triggers antitrust laws. The Antitrust Division took numerous executives and Human Resource (HR) staff by surprise...

    • Posted 4 months ago
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  • Federal Trade Commission Guidance to Multi-Level Marketing Companies

    Federal Trade Commission (FTC) enforcement investigations will often target an industry that recently has been the subject of staff guidance. Earlier this year, FTC staff issued Business Guidance Concerning Multi-Level Marketing. Offered as a list of frequently...

    • Posted 7 months ago
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  • Protecting Against Website Accessibility Suits

    In 2017, over 250 lawsuits (most of them class actions) were filed against companies for failing to maintain websites in compliance with the Americans with Disabilities Act (ADA). Websites were said to be inaccessible to screen-reading software...

    • Posted 7 months ago
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  • Compliance Programs Shouldn’t Focus On Bad Actors

    Recent research assumes that the traditional premise of corporate compliance programs, to identify and remove the organization’s bad actors, is not adequate, and may de-legitimize compliance efforts and have other negative consequences. Most compliance programs assume that...

    • Posted 9 months ago
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  • Can A CEO Administer Compliance?

    Should a CEO ever be in charge of an anti-bribery policy? asks Richard Cassin, in the FCPA Blog. He seems to think not. There are so many ways that the CEO’s interests could interfere with his or...

    • Posted 9 months ago
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  • Prosecutorial Discretion — the Quick ITC Escape

    The United States International Trade Commission’s (ITC) third decision in five years not to investigate an alleged violation of Section 337 of the Tariff Act, 19 U.S.C. § 1337, appears to contradict its statutory mandate. The ITC...

    • Posted 10 months ago
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  • Employer Victories In Recent FCRA Class Actions

    The Fair Credit Reporting Act addresses the use of background checks by employers. It requires that before getting a background report, the employer must get the subject’s authorization and before.....

    • Posted 10 months ago
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