Archive for 2012

A never-ending story? Conflicts of interest in the financial services sector (Part One)

According to this recent article, “UK asset managers are unable to demonstrate they are not putting their interests before those of customers or saddling them with unneeded costs, a survey of sector firms by” the Financial Services Authority suggested last week.  Among other things, “the FSA highlighted inadequate controls on […]

A presentation on C&E programs for joint ventures

For many companies, C&E risks and mitigation in non-operated joint ventures can be seen as an under-discovered country.  Yet relatively little has been published about practical measures to identify and respond to such risks, which for some organizations can be very significant. Earlier this week I spoke on a web […]

A law map for the C&E world

What should be a C&E officer’s remit with respect to individual areas of legal risk?  The answer, in my view, depends largely on the types of risk in question. In this Law Map of the C&E World from Compliance and Ethics Professional magazine I suggest that there are four types of […]

Is it a conflict of interest for a C&E officer to receive incentive compensation?

I don’t think so – at least not in most cases.  But given the general importance of incentives to compliance the question is a fair one, and has been raised occasionally over the years.  (The conflict, of course, would be that to the extent that a C&E officer’s compensation was tied […]

Conflicts of interest and trimmed fiduciary duties

In a recent post to his Conflict-of-Interest.Net blog (which is mostly about COIs in the university context), Prof Bryn Williams-Jones of the Université de Montréal writes about a story from earlier this year regarding “changes to [a certain university’s] COI bylaw for its board of governors; the critique being made […]

What behavioral ethics means for C&E programs

Yesterday I presented, at the eleventh annual C&E Institute of the Society of Corporate Compliance and Ethics, on implications of behavioral ethics for C&E programs.  Although only one of seven breakout sessions, attendance was very high – and I got a lot of good questions and comments from the floor. For those interested […]

COIs: What’s New, What Matters, What Works

I was asked to present a comprehensive overview of conflicts of interest at the recent ECOA annual E&C conference. Here are the slides prepared for that presentation: ECOA 2012 Annual Conference slides. Among other things, the slides cover: – The COI “case of the year” – and several runner ups. […]

RAND C&E symposium report now available

The RAND Corporation has just published a  symposium report entitled Corporate Culture and Ethical Leadership Under the Federal Sentencing Guidelines: What Should Boards, Management, and Policymakers Do Now?  You can download a free, searchable PDF here. On May 16, 2012, RAND brought together a group of public company directors and […]

Piling on: where antitrust and conflicts of interest meet

The recent imposition of a record tying $500 million criminal fine in an antitrust case is an important reminder to C&E professionals about the need for strong measures in this risk area.  But while there’s a lot that can be said about antitrust/competition law generally, rarely is mention made of possible […]

Board oversight of C&E programs

Here are slides from a presentation given earlier this week at a meeting of the Society of Corporate Secretaries & Governance Professionals  on how boards (meaning, generally, board committees) should oversee C&E programs. Among other things, the slides discuss C&E officer/board reporting relationships, relevant governance documentation, board training, the four types of data that boards should at least […]