Posts Tagged ‘FCPA’

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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.

[vimeo http://vimeo.com/41740155 w=768&h=640]

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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.

Articles

Episode #33

In TWIFCPAVideocast on March 19, 2012 by Howard@OpenAir Tagged: , , , , , ,

Finally, episode #33 is here. Totally my fault: there have been numerous tech issues involving my computer, and the recording software, that actually makes this the fourth time Tom and I have recorded the same episode.

Show notes to follow:

Articles

Episode #32

In Africa Sting Case,Alcoa,News Corp.,Noble,TSKJ,TWIFCPAVideocast,Wynn on March 5, 2012 by Howard@OpenAir Tagged: , , , , , , , , , , , ,

New recording software. Oh My G-d. How much easier is this?

1:24: Tom gets published! Go to Amazon and look at his book. (lasts 30 seconds)

2:05: Tom moderates at panel at the    upcoming Global Compliance Symposium. Take a look here and see what’s what. (3 minutes)

5:05: News Corp. (17 minutes)

–Around 12:57, Howard takes a surprising position
–Around 17:44, what should regulators do when a company self-reports a violation, but a
really minor one?

22:22: Noble execs get sued (13 minutes)

–Is there going to be a trial? @26:05
–Around the 30-minute mark, I take another surprising stance on the SEC’s capabilities,
Tom says I’m wrong about something, I concede; and I take a very unsympathetic view to
a prosecution (yes, that’s possible)

35:45: TSKJ sentencings (7 1/2 minutes)

–Stanley @ 35:45
–Tesler @38:35
–@43:46, the impossible happens: Howard says “I’m wrong.”

44:08: Africa Sting case ends (11 minutes)

55:15: Wynn Resorts boots a board member (6 1/2 minutes)

1:01:40: Alba suing Alcoa (1 1/2 minutes)

1:03:15: Alstom subsidiaries get debarred. (3 minutes)

Articles

Episode #25, plus a Breakout Session on Holiday Gift giving.

In ABB,Brazil,Chadbourne,Chamber of Commerce,Citigroup,Debarment,Lindsey,O'Shea,SEC,SFO,Squire Sanders,TWIFCPAVideocast,UK Bribery Act,World Check,World Compliance on December 11, 2011 by Howard@OpenAir Tagged: , , , , , , , , , , , , , , ,

Once again, the titles are screwed up.  I have to reach out to Vodburner and get some help.

Show Notes:

  1. 1:20: Brazil Ministers resigning in droves (lasts for 7 minutes)
  2. 8:34: World Compliance event with Tom and The Bribery Act guys (almost 6 minutes)
  3. 14:26: Squire Sanders event (1 minute)
  4. 15:35: SFO/DOJ and “informal” access (3 1/2 minutes)
  5. 19:00: World Check webinar series that Howard is doing (2 minutes)
  6. 21:00: John May article via FCPA Professor on self-disclosure and immunity (about 6 minutes)
  7. 27:23: Overseas Contractor Reform Act, also via the FCPA Professor (5 minutes)
  8. 32:27: Rakoff decision on Citigroup, and “neither admit nor deny” settlements (9 minutes)
  9. 43:17: Global-Tech Supreme Court case on willful blindness (4 minutes)
  10. 46:03: Lindsey, again.  Howard goes on a rant, Tom goes on what is, for him, a rant.  We both talk directly to the DOJ prosecutors. (15 minutes)
  11. 1:01:10: O’Shea (4 minutes)

Full episode:

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—————————Breakout Session Below———————————

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Breakout Session on Gift Giving on the Holidays

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Episode #23, and a Breakout on Tone at the Top

In Chamber of Commerce on November 12, 2011 by Howard@OpenAir Tagged: , , , ,

For some reason—I think I’ve sussed it out, so it shouldn’t recur next week—the “Howard Sklar” and “Tom Fox” titles at the bottom of the screen which normally appear when I say our names and where we write, don’t appear until some random moment 10 or so minutes into the show.  This happened last week also, I think, but as I said, it shouldn’t happen again. Please excuse the random malfunction.

 

Show  Notes:

  1. 1:03: Neither Tom nor I attended the ACI 26th Annual National Institute on the Foreign Corrupt Practices Act (but each of us wanted to) (lasts for 1 1/2 minutes)
  2. 2:50: DOJ to issue guidance that’s sure to please no one (lasts for 11 minutes)
  3. 15:17: AAG Lanny Breuer gives a speech at the ACI conference (lasts for 2 1/2 minutes)
  4. 18:50: Tom and I start an intense discussion around modern enforcement and modern compliance using AAG Breuer’s speech and the Chamber of Commerce’s efforts to amend the FCPA as a base.  Very interesting, if I do say so myself. (lasts for 10 minutes)
  5. 28:55: Olympus: what the heck is going on over in Japan? (lasts for 10 minutes)
  6. 40:28: Astra Zeneca gets indicted in Serbia (lasts 3 minutes)
  7. 43:53: Formula 1, Ecclestone, Gribkowski (lasts almost 4  minutes)
  8. 47:45: PEPs and the Swiss (lasts 4 minutes)

Full episode:

[vimeo http://vimeo.com/32017986 w=768&h=640]

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————————Breakout Session Below——————————–

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Breakout on Tone at the Top

[vimeo http://vimeo.com/32021423 w=768&h=640]

Articles

Episode #22, plus a Breakout on Training

In Alcoa,Dadeleh,Opinion Release,TWIFCPAVideocast,UK Bribery Act on November 6, 2011 by Howard@OpenAir Tagged: , , , , , , , , , , , ,

Show  Notes:

  1. Debate of the use of DPAs in the UK (18 minutes): starts at 1:25
  2. Freeport-McMoRan, United Steelworkers, and paying for police protection (10 minutes): starts at 19:28
  3. Embraer (6 minutes): starts at 29:26
  4. Tognum resignation (3 minutes): starts at 35:20
  5. Dadeleh bail (3 minutes): starts at 37:51
  6. Allianz (3 minutes): starts at 40:10

 

Full episode:

 

[vimeo http://vimeo.com/31675651 w=500&h=400]

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————————Breakout Session Below——————————–

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Breakout on Training: total time is about 14.

[vimeo http://vimeo.com/31679742 w=500&h=400]

Articles

Episode #21, Plus a Breakout on Audit Rights

In Alcoa,Audit Rights,Avon,Dadeleh,disclosure,Esquinazi,Haiti Telecom,InVision,Pillor,SEC,Tognum,TWIFCPAVideocast on October 31, 2011 by Howard@OpenAir Tagged: , , , , , , , , , ,

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.

Show  Notes:

  1. Esquinazi Sentence (14 minutes): starts at 1:40
  2. Avon discloses an SEC investigation (9 1/2 minutes): starts at 15:55
  3. Dadeleh arrest and more on Aloca/Alba (11 1/2 minutes): starts at 25:21
  4. Innospec arrest (4 minutes): starts at 37:42
  5. SEC v. Pillor and individual liability for aiding and abetting (12 minutes): starts at 40:35
  6. Tognum (5 minutes): starts at 52:44
  7. Equitorial Guinea (just a mention)(15 seconds): starts at 57:55

Full episode:

[vimeo http://vimeo.com/31404046 w=500&h=400]

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————————Breakout Session Below——————————–

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Breakout on Audit Rights: total time is 10 minutes even.

[vimeo http://vimeo.com/31411372 w=500&h=400]

Articles

Episode #20, and a Breakout on Contract Provisions

In Contract Provisions,Design Institutes,Esquinazi,Haiti Telecom,SciClone,TWIFCPAVideocast,Watts Water on October 26, 2011 by Howard@OpenAir Tagged: , , , , , ,

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.

Show  Notes:

  1. Esquinazi Order (6 1/2 minutes): starts at 1:40
  2. TRACE gift-tracking software (plus, TRACE is awesome)(5 minutes): starts at 8:24
  3. Watts Water (15 minutes): starts at 13:40
  4. SciClone (12 minutes): starts at 28:53
  5. A compliance defense (25 minutes): starts at 40:46
  6. Olympus (6 minutes): starts at 1:05:17
  7. Halliburton (just a mention)(2 minutes): starts at 1:11:39

Full episode:

[vimeo http://vimeo.com/31110853 w=500&h=400]

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Breakout on Contract Provisions: total time is 10 minutes and 34 sec.

[vimeo http://vimeo.com/31063688 w=500&h=400]
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