Tag Archives: Anti-Corruption

Key Takeaways

• Companies in France should have detailed procedures covering investigations of wrongdoing and should also clearly lay out employees’ rights and obligations during such investigations.
• Investigative tools must be proportionate to the wrongdoing and should respect the privacy rights of employees.
• Companies in France should be engaged in an iterative process of updating policies regarding investigating misconduct.

On March 14,… More

Key Takeaways

• DOJ continues to focus on corporate self-disclosure and remediation, individual accountability, and international cooperation on corruption matters.
• DOJ is putting new emphasis on the use of compensation system incentives and the threat of clawbacks to encourage compliance efforts by individual employees
• International efforts to improve whistleblower protections and increase beneficial ownership transparency continued to gain momentum

U.S.… More

On July 13, 2022, the United States Court of Appeals for the First Circuit ruled that the whistleblower protections contained in Section 806 of the Sarbanes-Oxley Act (SOX) do not apply to employees who report potential violations of the Foreign Corrupt Practices Act (FCPA). The ruling in Baker v. Smith & Wesson, Inc., 40 F.4th 43 (1st Cir. 2022) is the second recent decision narrowing the important whistleblower protections of the Act,… More