The Network of Trial Law Firms is an excellent CLE vehicle. Here’s a Sharman White Collar Panel Video of a Network panel about white-collar issues for civil lawyers — me, Jackie Arango of Akerman Senterfit (Miami), Joel Neckers of Wheeler Trigg (Denver) and Gerry Leone of Noxon Peabody (Boston). Here’s the blurb from the Network program:
No one thinks of themselves, their employees or their company as “criminals.” On the other hand, Walter White was once just a chemistry teacher. The lines between what are business-crime problems and what are traditional corporate civil issues — compliance, due diligence, regulatory recordkeeping and permitting, whistleblowers, confidentiality, privilege and indemnification — have become blurred. Listen to an experienced panel highlight the most important events and insights from 2013 and what to expect in 2014.
I know, I know. The video is a bit long to just sit and watch unless you’ve previously gone to the “Cocktails” archive of this blog, but I find the most curious point to arrive at minute 25:22, where I play for the crowd a 140-second video of myself talking about search warrants. A video within video. They loved it.
The ABA White-Collar Crime Committee often produces good materials, and of course it hosts the annual Institute on White-Collar Crime. Here is the most recent ABA White-Collar Crime Committee Newsletter.
From @WSJRisk, see this white-collar corruption roundup — WSJ Risk and Compliance Corruption Currents — and especially the bribery section. Very useful for organizations with global concerns.
This is a compelling question: FCPA Professor on Trust in the Corporation
Can a culture of trust — of honor — work better as a corporation’s FCPA defense than a labyrinth of rules? This is not merely a “tone at the top” kind of question. Rather, it requires a commonly-shared landscape of what is honorable conduct; a handful of commonly-shared principles of comportment; everyone’s understanding that this system works to the benefit of all; and a single-sanction intolerance for whatever wanders outside that ethical landscape.
Even if the honor-culture is more effective than checking-off-the-boxes in your department’s compliance template, how does a company in an FCPA case defend the honor-culture to investigating Government agents and lawyers? Won’t they desire to see how many boxes were (or were not) checked?