AlixPartners' Insights on Key Compliance Issues
Since the collapse of Enron and Worldcom, sweeping regulations have been introduced and existing laws have been subject to increased enforcement. Given these trends, we highlight key compliance issues for 2012.

Latest News

SEC Enforcement Actions?
Yeah, There’s an App for That

This week, the SEC quietly rolled out its first iPhone app. The app is very basic, but for an agency that has often lagged behind in technology and social media, it is a step in the right direction. The app offers quick access to SEC news, upcoming events, and contact to the public affairs office.
 

Accounting Boards Agree to Close the Gap on Financial Instruments

The Financial Accounting Standards Board and the International Accounting Standards Board have agreed to work together to narrow or eliminate differences to how financial instruments should be classified and measured. The separate paths the boards were taking threatened to stand as a barrier to a converged standard on the topic.
 

Proxy-Access Proposals to Go
on the Ballot at Two Companies

Western Union announced that at its next shareholder meeting it plans to offer a vote on a management proposal to allow investor groups to nominate board candidates directly on the proxy. It's the second company to offer its own proxy-access proposal. In both cases, management is attempting to ward off shareholder proposals that have far lower thresholds for access.
 

FASB Proposes Simpler Test for Impairment of Intangible Assets

The Financial Accounting Standards Board has proposed to simplify accounting for intangible assets with an indefinite shelf life, such as licenses, distribution rights, and trademarks. The proposal adds an optional step to the front end of the impairment test that would allow companies to skip a complete, quantitative analysis when the full test clearly isn't necessary.
 

CW 2012 Conference: News and More Speaking Opportunities!

Compliance Week is already well underway in planning the agenda for our 2012 annual conference, but as always, our event will cover a huge range of topics—which means we have several slots in our program where we're still looking for in-house compliance, risk, or audit executives who might be willing to speak at our event. Editor Matt Kelly has the details, including an early preview of the agenda.
 

COSO Guidance on Risk Appetite

The Committee of Sponsoring Organizations has developed guidance to help companies identify and define their risk appetites, including tips on developing a risk appetite statement and questions for management and the board to consider while working to define appropriate levels of risk. Details inside.
 

New Governance Items Added
to NYSE Ban on Broker Voting

The New York Stock Exchange has added several items to the list of corporate governance topics where brokers are banned from casting uninstructed votes during proxy balloting, including majority voting for director elections and overrides of some anti-takeover provisions. More details inside.
 

DHS Forces Companies to Beef
Up Illegal Worker Compliance

Two companies that admitted to hiring illegal workers have each agreed to pay $2 million in fines to the Department of Homeland Security and adhere to revised immigration compliance programs, including agreeing to hire a chief compliance officer. An audit of one firm found such blatant violations as employees with identification cards marked "novelty item."
 

In-Depth Coverage

Fewer Auditor Changes in 2011

Fewer companies changed audit firms in 2011, reflecting relative stability in the market for financial reporting. While second-tier audit firms made some inroads, picking up a net gain of 28 audit clients, the Big 4 firms saw little turnover, losing a net of only eight clients. Deloitte experienced the most turnover, with a net loss of 22 clients. More audit change analysis and data inside.
 

Critics Warn of Volcker Rule’s Many Unintended Consequences

As federal regulators slouch toward adopting the "Volcker Rule," designed to restrict proprietary trading by banks, critics are warning about its unintended consequences. "The problem is regulators are focusing too hard to remove any aspects of proprietary trading from the market," leading to rules that are overly broad, says Bob Colby, a partner at law firm Davis Polk.
 

Carlyle IPO Seeks Pre-emptive Strike on Shareholder Litigation

The private equity firm Carlyle is testing the bounds of shareholder rights, with a proposal in its upcoming IPO to require arbitration (rather than class-action lawsuits) to settle shareholder disputes. The SEC has yet to rule on that idea, but battle lines are already emerging. "The benefit of arbitration is improving the efficiency of the process," says Douglas Smith, a partner at law firm Gibson Dunn.
 

Europe’s New Data Laws Could Snare Several U.S. Companies

The European Union is moving toward new data protection laws that will require many U.S. companies with a sizable European customer base to comply for the first time, which could carry a hefty price tag. "There is no doubt that, as written, this proposal will have major repercussions for business in terms of compliance costs," says Belinda Doshi, a partner at London-based law firm Nabarro.
 

SEC Guidance for Investment Advisers on Use of Social Media

Investment advisers seeking clarity about the appropriate use of social networking Websites such as Facebook, Twitter, and LinkedIn now have some much-needed guidance. The SEC's Office of Compliance Inspections and Examinations has issued a Risk Alert to help them craft and enforce a social media policy. Others worried about social media risks would do well to give it a read, too. Details inside.
 

Third-Party Corruption Risk: What Every CCO Should Know

Want to know one of the surest ways to strengthen your organization's anti-corruption capabilities? Start by discovering what you do not understand about the third parties that help you do business abroad. In the latest installment of our GRC Illustrated series, we offer some insights on how to get started on assessing third-party corruption risk.
 

Columnist

Internal Audit and Compliance: Why Working Together Matters

Can internal audit and compliance professionals better collaborate for the benefit of their organization? Why not? Audit and compliance—working together—are uniquely positioned to help the board and management understand the importance of an integrated approach to governance activities. Inside, Columnist José Tabuena dispels some of the myths of integrated governance, risk, and compliance.
 

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