Breaking Bad, All the Time: White Collar Crime for Business Lawyers

 

Trial Dot Com

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.

Video camera

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.




Honor and the FCPA

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?