5/10/17: The FCPA is well past its spring chicken days. Although it retains its status as the first and most applied anti-corruption law, there have been questions in the anti-corruption community about how it will be applied going forward. Characteristically, Tom Fox clears away some of the smoke by digging into two speeches made by DOJ’s Acting Principal Assistant Attorney General Trevor McFadden. McFadden addressed topics ranging from the speed with which DOJ wants to resolve its investigations, when to turn cases over to other enforcement agencies, and how to work with international counterparts.
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5/10/17: Creating a hostile workplace under Title VII might only need one vile statement according to a recent ruling by the Second Circuit Court of Appeals. An article published by the National Law Review drills into the case and the court’s ruling. In the process, it highlights factors that are important for compliance professionals in training and monitoring employees about what is – and isn’t – allowed by Title VII. Want to learn more about the court’s ruling and the potential impact it may have on an organization’s compliance program?
5/10/17: The law firm Morrison Foerster recently published a Client Alert on the top ten international anti-corruption enforcement developments for March 2017. While several of the top ten center on specific enforcement actions and settlements, other topics are more forward-looking. Compliance professionals stand to gain worthwhile insight into topics including the FCPA Pilot Program, the jurisdictional reach of the FCPA, and the status of enforcement activity in select countries.
4/11/17: Most discussions about anti-trust center on competition for customers but several high-profile entertainment companies recently settled a lawsuit that centered on unlawful anti-poaching agreements. What makes the case so interesting is that it focuses on poaching employees, not customers and that it came to light in a 2015 lawsuit brought by software engineers against companies including Apple, Google and Intel. To learn more about how antitrust law affects employee rights and employer responsibilities, you can read the full article published by law firm Miller Canfield.
4/11/17: Lise Smit, Research Fellow in Business and Human Rights at the British Institute of International and Comparative Law (BIICL), explains a recent shift in corporate thinking about human rights. According to her post on the FCPA Blog, corporate counsel is now pushing for “… more proactive knowledge-gathering and transparency.” Why? Smit offers four solid reasons.