A shorter episode this week, in episode #47 Tom and I talk about the virtues of a free press, checkbook journalism, the effect of foreign law on US regulatory decisions, how to choose FCPA outside counsel, and more!
02:15: No enforcement actions this week, no new investigations
02:47: News Corp., phone hacking, the Leveson Committee, and we’re shocked, shocked, to find that there’s gambling going on in this establishment (wait, you mean that reporters pay for access?!). The intersection between the FCPA and a free press.
09:04: New law firm FCPA updates
10:36: if Germany says someone isn’t a government official, does that bind (or even influence) the DOJ?
15:25: law firm FCPA updates are too long, I argue
18:00: How to choose outside counsel for FCPA matters (Howard’s version)
26:37: Howard’s book comes out (okay, it’s Alexandra Wrage’s book; I just wrote a chapter).
27:43: New corporate disclosures (Qualcomm, Stryker, Schlumberger) show LONG investigations
32:11: Bistrong gets a recommendation of probation
34:17: The problem with sting cases
35:27: What’s a declination?
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.
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.”
[vimeo http://vimeo.com/41740155 w=768&h=640]
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.
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
–@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)