Corporate Compliance: Best Practices and Recent Developments

Synopsis

Compliance and ethics programs should no longer be considered optional, as they are an important aspect of legal risk management. Government standards on compliance programs have become increasingly stringent and adhering to the standards means having a robust Compliance and Ethics program in place. A panel of esteemed compliance experts examine different aspects of Compliance and Ethics programs and give insightful guidance on how to build a program that will serve the needs of your corporate clients. No matter the size of the company, paying careful attention to corporate compliance and ethics is critical.



Outline

I. Ethics and Compliance Best Practices
    A. Let's Get Started
    B. Compliance and Ethics Program Law
    C. Rise of the "Mega" Fines
        1. Top 10 Corporate Criminal Fines
        2. Various Industries Involved
        3. What Does This Mean for Compliance?
        4. Liability for Directors and Officers
        5. Goldman Sachs Case
    D. Crediting Compliance and Ethics Programs
        1. DOJ/SEC Guidance
        2. More Cases and Lessons Learned
    E. Whistleblower Law and NLRB Decisions
    F. The Importance of Implementing a Program That Fits Your  
        Company
        1. Understanding the Business is Critical
        2. The Playbook
    G. The Ethics and Compliance Program
        1. Eight Elements
        2. Compliance Risk Management
        3. Compliment of Policies, Procedures, and Processes
        4. Training
        5. Advocacy, Awareness, Reporting, and Investigations
        6. Disciplines and Incentives
        7. Measurement and Monitoring
        8. Audience and Panel Discussion 
    H. Third-Party Compliance
        1. Framework
        2. Different Types of Third Parties
        3. Third-Party Due Diligence
        4. Different Focuses for Due Diligence
        5. Anticorruption Law Compliance
        6. Q&A on Training and Audits
        7. Different Types of Controls
     I. Systems and Tools
        1. Pre-Approval, Questionnaires, and Purchasing Tool
        2. Global Approved Third-Party List and an Updated Approach
     J. Corporate Social Responsibility
     K. Key Takeaways on Third-Party Compliance
     L. Training and Communications
        1. Guiding Principles
        2. Three Types of Compliance Issues
        3. The Importance of Management Feedback
        4. Use Employee Feedback Too
        5. Not Everything Works
        6. Get to Really Know the Company
        7. Engage Your Audience When Training
        8. Use Multiple Avenues in Training
        9. Spread the Word 
     AfterWords®


Content Provided
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The years following the Civil War were tumultuous ones for New York City, offering many opportunities to the dishonest. Unsavory politicians and errant members of the bench and bar were among those who took advantage of those troubled times. In December 1869, a letter was circulated among some of the city’s lawyers addressing those improprieties. It called for the creation of a new bar association to “sustain the profession in its proper position in the community, and thereby enable it ... to promote the interests of the public ....” More than 200 lawyers responded by signing a declaration of organization and in 1870 The Association of the Bar of the City of New York was born. The young organization quickly made its presence felt. Among its first activities was a campaign to defeat corrupt politicians and judges at the polls and to establish standards of conduct for those in the legal profession.

The association continues to work at political, legal and social reform, and maintaining high ethical standards for the legal profession. The association also continues to implement innovative means by which the disadvantaged may be helped. Much of this work is accomplished through the Association's more than 160 committees, each charged to consider a specific area of law or the profession.

The association has grown to more than 23,000 members. To serve them, the association strives to move ahead in many areas. The library is the largest member-funded law library in the country, and provides members with a “gateway” to online services, including free use of LexisNexis and WestLaw, while continuing to provide more traditional library services. The Small Law Firm Center, Career Management Program and other benefits are constantly evolving to serve members’ needs. More than 150 continuing legal education programs are presented annually.

The public good remains one of the association’s highest priorities. The Legal Referral Service, jointly sponsored by the association and the New York County Lawyers’ Association, provides an array of services directly aimed at serving the needs of the public. The City Bar Justice Center identifies the most pressing legal concerns of New York’s neediest and uses novel approaches to address them, often involving community participation.

 





Speakers / Authors:

Photo of Stacey Babson-Smith

Stacey Babson-Smith
  

Stacey Babson-Smith joined Terex Corporation in October, 2002 as Corporate Counsel, HR Compliance. Ms. Babson-Smith was subsequently promoted to Vice President Deputy General Counsel, Employment & Global Diversity where her responsibilities included oversight of all labor and employment matters worldwide, employee health and safety, immigration and diversity. In this role, she also spent time working with and training Terex employees about conducting business responsibly. In March 2008, she was promoted to Vice President, Chief Ethics & Compliance Officer.

Ms. Smith was spotlighted in the September/October issue of Profiles in Diversity Journal as a “Woman Worth Watching” in 2011. In 1986, Ms. Babson-Smith began practicing law in New York and Connecticut based law firms. Her practice included representing management in labor and employment related litigation and advice counseling. Ms. Babson-Smith also taught labor relations as an adjunct professor for Baruch College, City University of New York, has been a speaker at conferences and co-authored several articles. Ms. Babson-Smith is a legal volunteer for the Pro Bono Partnership, a leading provider of free business legal services, educational workshops and other legal resources to nonprofit community-based organizations in the New York metro and Fairfield County Connecticut area.

Photo of Joel H. Katz

Joel H. Katz

Joel H. Katz is Senior Vice President, Chief Counsel - Human Resources and Chief Ethics & Compliance Officer for CA Technologies ("CA"), one of the world's largest independent computer software companies. He serves as Lead Counsel to CA's Human Resources Department. In that role, Joel and his team provide advice and counsel on all employment-related legal matters. Mr. Katz and his team also provide legal support to CA's Corporate Real Estate function.

As Chief Ethics & Compliance Officer, under the oversight of the Compliance and Risk Committee of the Company's Board of Directors, Mr. katz serves as the Company's leading voice on compliance and ethics issues that arise in day to day business. He leads the team that creates and enforces all compliance-related policies and procedures globally and produces training and awareness materials covering compliance topics; manages the Company's Regional Business Ethics Councils consisting of approximately 25 Senior Business Leaders tasked with leading compliance and business ethics initiatives around the globe; oversees all compliance-related investigations and associated remediation; and, serves as the Company's leading voice and main evangelist on the importance of maintaining a strong ethical, compliance-based corporate culture.

Before joining CA, Mr. Katz was with the law firm of Maupin Taylor P.A. in Raleigh, North Carolina. His practice was devoted exclusively to representing management in labor and employment-related legal matters. 

Mr. Katz is a member of the Connecticut, New York, North Carolina and South Carolina Bars. Mr. Katz received his J.D., with distinction, from Hofstra University School of Law where he was an Articles Editor for the Hofstra Labor Law Journal and his undergraduate degree from the University of Michigan. 

Photo of Jeffrey M. Kaplan

Jeffrey M. Kaplan
Kaplan & Walker LLP 

Jeffrey M. Kaplan is a partner in Kaplan & Walker LLP, a law firm with offices in Princeton, New Jersey and Santa Monica, California. He specializes in all aspects of assisting companies in developing, implementing, and reviewing corporate compliance and ethics programs - including conducting risk assessments, writing/editing codes of conduct and other policy documents, developing and delivering training, reviewing and developing compliance audit protocols and reporting systems, establishing compliance/ethics offices and advising boards of directors on meeting their fiduciary duties under the Caremark case. He has also assessed corporate compliance programs on behalf of government agencies and serves as a corporate monitor for a prosecutor’s office. His compliance program practice has included work for clients in the health care, life sciences, government contracting, insurance, manufacturing, energy, retail, paper, publishing, professional services, telecommunications, technology, securities, private investments, food and chemical fields. He also conducts internal investigations on behalf of boards and companies into allegations of wrongdoing brought by whistleblowers.

Mr. Kaplan is, together with Joe Murphy, co-editor of Compliance Programs and the Corporate Sentencing Guidelines: Preventing Criminal and Civil Liability (West 1993), a leading legal treatise on designing and implementing compliance programs. He has also published many articles and book chapters on compliance programs and is a regular speaker at compliance industry conferences. For many years he was counsel to the Ethics Officer Association (now the ECOA).

Mr. Kaplan is Adjunct Professor – Business Ethics, at the Stern School of Business, New York University, and is a member of the New York and New Jersey bars. Mr. Kaplan received his B.A., magna cum laude, Phi Beta Kappa, from Carleton College in 1976 and his J.D., cum laude, from Harvard University in 1980.

Photo of Elizabeth Weiss

Elizabeth Weiss
 

Elizabeth Weiss is Chief Compliance Counsel for Pfizer's global supply and manufacturing division ("PGS"). Ms. Weiss proactively assists PGS to achieve and maintain compliance with Company policies and laws by, among other things, providing guidance, identifying potential gaps and mitigation strategies, assessing risk, coordinating compliance diagnostics, proactive reviews, and integrations of acquisitions with manufacturing facilities. In her role, She works closely with Procurement, Finance, Audit, Legal, and others to ensure compliance. Her areas of focus are diverse, but include anti-corruption laws, cGMP, international trade, conflicts of interest, and general code of conduct issues. Ms. Weiss also chairs the PGS Compliance Committee.

Prior to starting her employment with Pfizer in 2010, she was an associate at Shearman & Sterling LLP in New York for 8+ years handling complex litigation and investigations. Prior to starting her legal career, Ms. Weiss worked in research & development, manufacturing, and quality control for various diagnostic and biotechnology companies.

Ms. Weiss earned her J.D., summa cum laude, from Seton Hall University School of Law, and a B.S. from Rutgers University.

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Details

Course Code : 773138
Release Date : 10/21/2013 12:00:00 AM
Recorded Date : 4/23/2013
Length : 2hr 33min
Format Type : Video

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