Archive for 2021

Making the most of your risk assessment (part 2)

Here is a just-published post on risk assessment from the FCPA Blog. I hope you find it useful..  

Combining COI program and risk assessments

COI risk assessments and program assessments are two different things. But they can overlap to some degree and so it makes sense to consider how/how much they should fit under “one roof.” This is particularly so when both procedures are based principally on employee interviews, with some danger of duplication. […]

The Spirit of Liberty – and Ethics

Learned Hand – considered by many to be the greatest of all US judges – once famously said:  “The spirit of liberty is the spirit which is not too sure that it is right.”   This is a spirit which sadly seems as distant from us today as it ever has […]

Measuring compliance measurement

  In a book chapter from the recently published Measuring Compliance: The Challenges in Assessing and Understanding the Interaction between Law and Organizational Misconduct,  Benjamin van Rooij,   University of California, Irvine School of Law, University of Amsterdam;, Faculty of Law; Melissa Rorie, University of Nevada, Las Vegas write: “A major question […]

Trust and the compliance officer’s remit

Trust has always played a vital role in developing and maintaining civilizations and other organized groups  – large and small  – of humans.  But it seems like trust in business is as important now as it has been before. As described in the Harvard corporate governance blog by PwC’s Paul […]

The $5800 bottle of booze

According to recent media accounts “The State Department is looking into the whereabouts of a $5,800 bottle of Japanese whiskey that was gifted to former Secretary of State Mike Pompeo, according to State Department filings in the federal register. The government of Japan gifted the whiskey to Pompeo in 2019, […]

Risk assessment and attorney-client privilege: when and how

My latest column in CEP. I hope you find it useful.

Asking a good question

The late Nobel Laureate in physics Isidor I. Rabi once said: ”My mother made me a scientist without ever intending it. Every other Jewish mother in Brooklyn would ask her child after school: ‘So? Did you learn anything today?’ But not my mother. She always asked me a different question. ‘Izzy,’ […]

The risk of good intentions

As noted  in an earlier posting, we are entering an era of unprecedented Environmental, Social and Governance (“ESG”) imperatives, which will hopefully) be beneficial to millions of people in many ways. But those involved in ESG efforts (and others who “do good”)  must also be aware of the dangers  of “moral […]

Training managers in conflicts of interest

While  COI risks can exist at any level of an organization, as a general matter the risks increase (often sharply) as one proceeds up the org chart.  Most obviously, this is because a) senior managers tend to have greater opportunities for COI-fraught relationships and activities than do other employees; and […]