Archive for 2020

Is a weak compliance program worse than no program?

Many years ago I was asked by a prospective client if I could design a “C minus” (i.e., just barely passing) compliance program for them. I responded that, for various reasons, by aiming for a C minus they were likely to end up with an “F.” I did not get […]

How to assess the efficacy of codes of conduct

Here is a post from the Compliance Program Assessment Blog on assessing codes of conduct. Rebecca Walker and I hope you find it useful.

Lessons learned from lessons learned

Rebecca Walker and I recently authored this post for our program assurance column in Corporate Compliance Insights. We hope you find it useful.

“To lose one parent may be regarded as a misfortune; to lose both looks like carelessness.”

So said Oscar Wilde. And while he clearly didn’t have compliance programs in mind, his immortal words provide a humorous introduction in these distinctly unfunny times to the topic of how the Department of Justice’s recently revised Evaluation of Corporate Compliance Programs (“the Evaluation”)  has impacted how the Department evaluates […]

Insider trading and “inner controls”

Here is my latest column in Compliance & Ethics Professional – which looks at insider trading from a behavioral compliance perspective. I hope you find it interesting.

Conflicts of interest in a post-Trump era

In a classic Watergate-era Doonesbury, Mark asks rhetorically whether it is fair to judge the ethicality of the White House based solely on the various cases and allegations that had surfaced during that scandal. No it isn’t, he replied: those are only the ones we know about. The latest Trump […]

Answers to tough questions on conflicts of interest

Recently our friends at NAVEX Global invited Rebecca Walker and me to teach a master class on conflicts of interest. Part of the session involved our receiving and responding to key questions about COIs. We thought you might like to see this Q & A.    

Approvals of conflicts of interest: what is the appropriate standard?

  While some organizations bar conflicts of interest in all cases, many opt for allowing COIs  to exist where appropriate. But how should appropriate be defined for these purposes? One formulation that I have recommended is: A COI may be approved only where doing so would clearly be in the […]

PLI briefing on revised DOJ compliance program standards

Rebecca Walker and I hope to see you then and there. 

Are you a member of the “compliance elite”?

In “Compliance Elites ”Professor Miriam Baer of Brooklyn  Law School writes: “As corporate compliance has expanded its influence, so too has the status of those who implement and oversee the firm’s compliance function. Chief compliance officers (CCOs), who are often (but not exclusively) lawyers by training, increasingly boast the types of […]