Archive for the ‘Wal-Mart’ Category

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Episode #52

In disclosure,Harris Corp.,News Corp.,Safran,State-Owned Entities,TWIFCPAVideocast,UK Bribery Act,Wal-Mart on September 10, 2012 by Howard@OpenAir Tagged: , , , , , , , , , ,

Tom and I talk about Tom’s talk tomorrow in Chicago, News Corp.’s latest arrest, Safran’s ridiculously low fine, how much an investigation should cost (more if you’re Walmart, versus ABM), the SFO and gifts, Harris Corp. and gifts, and more!

Show notes:

00:41: Go hear Tom in Chicago, Tuesday morning at the University Club of Chicago, hosted by Kreller, along with Stephen Martin of Baker McKenzie. They’ll be talking about the 5 key elements of a corporate compliance program

02:15: Is the SFO backing off prosecution of the UK Bribery Act? So argues Alexandra Wrage.

16:03: Mike Koehler is amazing. And, he writes. What is a government instrumentality, he asks, now that the Conflict Minerals rule defines it as when a foreign government owns 51% or more of the third party.

23:19: Anytime a lawyer gets arrested, we take notice. The head of legal for News of the World gets arrested.

26:48: How much should FCPA investigations cost? For Walmart, $51 million. For ABM, $3.3 million

29:27: Safran pays a “fine.” €500,000 to get a €170 million contract. Or, as I call it, cost of sales. Could it be because they’re 1/3 owned by the French government? Hey, DOJ/SEC: do something about this. Please.

35:05: NYU study on self-disclosure. Does self-disclosure have an effect on the penalty?

40:07: Harris Corp. investigating itself. Over gifts. “Why? Why? Why?,” I cry. And a question to ponder: is it possible to retain revenue going forward when you find old contracts were obtained through bribery?

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Episode #45

In Alcoa,Miller & Chevalier,red flags,SEC,TWIFCPAVideocast,Wal-Mart on July 13, 2012 by Howard@OpenAir

Show notes:

01:25: Many, many law firm “reports, reviews, alerts” etc. But is enforcement leveling out? And Miller Chevalier? Make a downloadable PDF, please.
08:28: Alcoa, Alba, and a publicized settlement offer
18:02: Chocolates and bribery. That is, the Orthofix case. And we get a full-on Howard rants starting about 28:13. And I get on a roll, and keep on it for a while.
36:55: Former Prime Minister of Israel Olmert acquitted of bribery. Ties into the US, and into the Sands investigation. How would this effect a US investigation?
In the middle of this: Tom leaves, Howard chokes, Tom returns.
41:44: Walmart, facilitation payments, and the (potentially premature) death notice for FCPA reform
42:19 starts the facilitation payments discussion. At 46:23, we start talking about the excellent China Law Blog, and Dan’s post from today. [Tom and I are in total agreement: you need to start reading China Law Blog, if you don't already.]

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Episode #42

In Alcoa,Due Diligence,Hughes Hubbard,News Corp.,RICO,TWIFCPAVideocast,UK Bribery Act,Wal-Mart,Watts Water on June 15, 2012 by Howard@OpenAir Tagged: , , , , , ,

Show Notes:

01:31: Alba wins motion to dismiss their case against Alcoa
09:32: Is it okay that the DOJ uses a company’s internal investigation results?
14:17: Watts Water sues its lawyers
18:36: Due Diligence is difficult, especially in China (learned from the China Law Blog)
23:43: We start to talk about the UK DPA Consultation, but end up riffing on whether there should be DPAs at all
28:32: We finally get back to the UK
29:33: Why is Congress investigating Walmart?
36:47: Maybe because Walmart’s investigation scope has expanded, again
40:57: We throw in some News Corp. (not a sponsor of this video) news
43:12: Hughes Hubbard shares some wisdom
47:13: Tom and I are both speaking in Houston the last week in June, but at different events.

Hughes Hubbard FCPA Anti-Bribery Alert Summer 2012 Electronic Version

Come hear me and Jonathan Marks speak: June 25th (Monday) in San Francisco and June 26th (Tuesday) in Houston.

China Law Blog: definitely worth the time. In fact, it’s worth a lot of time.

UK Consultation Page

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Episode #38

In Carson,Esquinazi,News Corp.,Wal-Mart on May 18, 2012 by Howard@OpenAir Tagged: , , , , , ,

Tom and I talk about News Corp. and the arrest of Rebekah Brooks (and the lawyer who charges $4,700 per hour).  We talk about the Carson case and Judge Selna reassuring us that private means private.  We talk about Esquinazi and his appeal, including the effect of the dueling declarations.  Finally, we talk about Walmart, the expansion of the investigation, and how it’s bringing in more commentary than we’ve seen in the past.

Show Notes:

1:01: Takeaways from the ABA Panel with the SEC
4:42: News Corp.’s Brooks arrested
8:39: The $4,700 per hour lawyer?!
12:57: Judge Selna’s tentative Carson decision; what should the government have to search and disclose?
26:29: Esquinazi appeal
31:41: The dueling “declarations.” Is Haiti Teleco an instrumentality or not? Haiti says no. Wait, they say yes.
42:14 Walmart’s disclosure
43:34: The Donald comments
49:52: What’s coming up from Tom and Howard, including that we are going to be together at Compliance Week on a panel going over the recent case law and hot FCPA issues. Come to Compliance Week and see us.

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Episode #37

In Carson,News Corp.,Self-disclosure,Wal-Mart,Willful blindness on May 11, 2012 by Howard@OpenAir Tagged: , , , , , , , , ,

Just slapping it up, show notes to follow (at some point: I’m traveling for the rest of the week).

Tom and I talk about WalMart and their self-disclosure issue…no, wait…they don’t have a self-disclosure issue, do they?

We also talk about News Corp. (not the publisher of this blog…sorry, Sam), crisis management, willful blindness, and when’s it all gonna end?!

And we talk about when an in-house or outside counsel suddenly is cross-designated—without their knowledge or consent, much less additional salary—as a “government agent.”

Enjoy.

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Episode #36

In Declinations,Morgan Stanley,News Corp.,Wal-Mart on April 30, 2012 by Howard@OpenAir Tagged: , , ,

Show notes to follow, but know that at 51:51, Tom gives a preview of tomorrow’s post (on my Nightmare Scenario) on his blog.

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Episode #35

In TWIFCPAVideocast,Wal-Mart on April 24, 2012 by Howard@OpenAir Tagged: , , ,

All Wal-Mart, all the time.

I’ll try to parse out the subjects we talk about by time.  It blends, so bear with it.

04:00: Will this fundamentally change FCPA compliance going forward?
06:06: How will Mexico respond? How will the DOJ?
07:11: Impacting the News Corp. story
08:22: Will this kill the FCPA reform movement?
Vis-a-vis: (1) Compliance defense (2) respondeat superior (3) defining “foreign official”
12:45: Were the people receiving the payments foreign officials?
13:10: My take on the effect on reform efforts, and how the Chamber could turn this to their advantage
25:30: Were these facilitation payments?
30:30: Legal under local law exemption? And how does the local law element interact with the facilitation payments element? And what does Mexican law say?
34:18: Books-and-records issues. A “legal facilitation payments” account? Good idea?
37:35: Self-disclosure. What happened?
44:12: What happened with the internal investigation?
50:25: What did Wal-Mart do right?

By the way, I mistakenly recorded this as picture-in-picture rather than side-by-side.  At least the relative weights of the opinions presented are reflected in the size of the window.

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