Tom and I discuss HP, NCR & how NOT to react to whistleblowers, the new and improved DOJ web site, Comverse Technologies and a lenient sentence for Paul Cosgrove. Episode #53.
00:39: More than you wanted to know about Howard’s new site (the redesigned Open Air Blog)
01:51: Have a happy new year
02:55: Hewlett Packard (Howard recuses himself from the discussion, so this is all Tom)
06:09: You missed my birthday. Don’t worry, you don’t have to apologize
06:43: NCR shows considerable skill at treating a whistleblower complaint in exactly the wrong way. Tom & I talk about how to handle a whistleblower better. And here’s the link to Mike Volkov’s video.
18:12: DOJ improves their already-great Web site. And they work really, really hard
23:07: Tom is speaking in Singapore. If you’re anywhere close, you really need to go. Here’s the link to the conference. And in San Diego. The San Diego one is on diligence, and is with Mike Volkov
27:32: Comverse: we can’t guarantee that we won’t screw up…again. Ooookkkaaaayyyy, Comverse. Thanks for sharing. And how to actually have consistent messaging.
36:44: Paul Cosgrove, former global head of Sales at Control Components, Inc. (CCI), gets sentenced. Ending a very interesting case. And neither Howard nor Tom are Supreme Court scholars. Little help, anyone? And Howard is going to be in the same room with Lanny, in the near future, in London!
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.
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.
Once again, Tom and I keep our breakout session short (exactly 10 minutes!), and this week it’s on audit rights. We’ve argued about this before, so this is familiar territory for us.
- Esquinazi Sentence (14 minutes): starts at 1:40
- Avon discloses an SEC investigation (9 1/2 minutes): starts at 15:55
- Dadeleh arrest and more on Aloca/Alba (11 1/2 minutes): starts at 25:21
- Innospec arrest (4 minutes): starts at 37:42
- SEC v. Pillor and individual liability for aiding and abetting (12 minutes): starts at 40:35
- Tognum (5 minutes): starts at 52:44
- Equitorial Guinea (just a mention)(15 seconds): starts at 57:55
[vimeo http://vimeo.com/31404046 w=500&h=400]
————————Breakout Session Below——————————–
Breakout on Audit Rights: total time is 10 minutes even.
[vimeo http://vimeo.com/31411372 w=500&h=400]
Tom and I are always looking for ways to improve the show. One comment that we’ve gotten is that the length of the show makes it hard for some people to watch. We’ve also gotten comments, however, that the show length is right on because it gives us time to really talk about the issues. What we’re going to do to keep the discussion thorough, but help people who want to watch in chunks, is to put the start times of each piece of the discussion. If a particular section interests you, skip to that section. I’ll also put the total time for each segment, so you know before you start how long it is (in other words, I do the math for you). I hope this helps keep this “work safe” and we hope you enjoy.
- Esquinazi Order (6 1/2 minutes): starts at 1:40
- TRACE gift-tracking software (plus, TRACE is awesome)(5 minutes): starts at 8:24
- Watts Water (15 minutes): starts at 13:40
- SciClone (12 minutes): starts at 28:53
- A compliance defense (25 minutes): starts at 40:46
- Olympus (6 minutes): starts at 1:05:17
- Halliburton (just a mention)(2 minutes): starts at 1:11:39
[vimeo http://vimeo.com/31110853 w=500&h=400]
Breakout on Contract Provisions: total time is 10 minutes and 34 sec.
[vimeo http://vimeo.com/31063688 w=500&h=400]