Archive for 2023

Standards for waivers of conflicts of interest

By Jeffrey M. Kaplan 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 to various organizations: A COI may be approved only where doing so would […]

Does the Supreme Court think that ethics is only for the “little people”?

The late Leona Helmsley, a controversial real estate developer, is reported to have said that “only the little people pay taxes.”  One might ask if the US Supreme Court has a similar view of ethics. Reports in ProPublica this year detailed a pattern of behavior by Supreme Court justices that […]

Assessing the C&E Investigations Process

by Rebecca Walker and Jeff Kaplan Investigations are one of the more difficult and riskier activities of an C&E program. Poorly-conducted investigations can create serious legal risks for an organization. In addition, the mishandling of investigations can damage the way in which employees perceive C&E programs, in particular where the […]

The Value of Starting Simple: A Risk Assessment Spreadsheet

by Jeff Kaplan For those just getting started with compliance risk assessments, the KISS approach can be invaluable.  And by KISS, I mean “Keep it Simple with Spreadsheets.”  Spreadsheets are not mandatory in conducting risk assessments, of course.  But for the beginners in this area, they can be exceedingly useful.  […]

Combining Conflict of Interest 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. […]

Curtailing compliance “waste?”

My latest column in SCCE’s C&E https://bit.ly/46c1GMW I hope you find it useful.

Compliance incentives, risk assessment and moral hazard

Clarence Thomas: Res Ipsa Loquitur?

Clarence Thomas: Res Ipsa Loquitur? As detailed today in Pro Publica https://www.propublica.org/article/clarence-thomas-other-billionaires-sokol-huizenga-novelly-supreme-court:         “During his three decades on the Supreme Court, Clarence Thomas has enjoyed steady access to a lifestyle most Americans can only imagine. A cadre of industry titans and ultrawealthy executives have treated him to far-flung vacations […]

Does your compliance program assessment do this?

Does your compliance program assessment do this? In a recently issued draft book chapter Jennifer Arlen of the New York University Law School addresses a wide range of issues facing the Compliance Function, including program assessment.   She provides a very useful list of assessment methods.   Among other things, she […]

“Goldilocks compliance”

By Jeffrey M. Kaplan Consider the following true story. A company decides to implement what is in effect a zero-tolerance policy for violations of its code of conduct.  Unexpectedly, this seems to have triggered a significant drop in the number of reports of violations being submitted to the company helpline. […]