Compliance and Enforcement for Organizations Posts
October 2019 Council Updates
During its meeting in New York City on October 17 and 18, the ALI Council reviewed drafts for seven Institute projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.
Updated DOJ Criminal Division Guidance on the “Evaluation of Corporate Compliance Programs”
On April 30, 2019, the U.S. Department of Justice (“DOJ”), Criminal Division, released updated guidance to DOJ prosecutors on how to assess corporate compliance programs when conducting an investigation, in making charging decisions, and in negotiating resolutions. This guidance emphasizes DOJ’s laser focus on compliance programs, requiring companies under investigation to carefully evaluate, test, and likely upgrade their programs well before the investigation is over.
Creating a Strong Corporate Compliance Program
In this episode of Reasonably Speaking two compliance experts speak about the greatest challenges in creating a strong compliance program and establishing a corporate culture that supports it.
DOJ Criminal Division: Guidance on Evaluating Corporate Compliance Programs
The U.S. Department of Justice issued a press release announcing the recent publication of a guidance document for white-collar prosecutors on the evaluation of corporate compliance programs.
The Role of the Board of Directors and Executive Management in Promoting an Organizational Culture of Compliance and Risk Management
The following entry is excerpted from the Black Letter of Tentative Draft No. 1, § 3.07 The Role of the Board of Directors and Executive Management in Promoting an Organizational Culture of Compliance and Risk Management.
Qualifications of Primary Governance Actors for Compliance and Risk Management
The following entry is excerpted from the Black Letter and Comments of Tentative Draft No. 1; Section 3.06 Qualifications of Primary Governance Actors for Compliance and Risk Management.
An Analysis of Internal Governance and the Role of the General Counsel in Reducing Corporate Crime
This chapter reviews the empirical literature on the factors related to the likelihood and detection of corporate wrongdoing, which increasingly focuses on internal governance, and examines calls to split the traditional tasks of the General Counsel (GC) between the GC and a Chief Compliance Officer (CCO) who reports directly to the Board.
January 2019 Council Meeting Updates
At its meeting in Philadelphia on January 17 and 18, the ALI Council reviewed drafts for six projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.
October 2018 Council Updates
During its meeting in New York City on October 18 and 19, the ALI Council reviewed drafts for seven Institute projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive editorial improvements.
Reputation Assurance: Why, How, and What
Reputation risk is a material peril of economic harm from angry disappointed stakeholders. It is the gap between those stakeholders’ expectations and the reality of their experience with any given entity.