The Man From FCPA is a blog about enforcement of the Foreign Corrupt Practices Act and other anti-bribery statutes around the world, written primarily by Compliance Week columnist Tom Fox plus other occasional contributors. Fox is now an independent consultant assisting companies with FCPA and compliance issues, after many years as in-house counsel and outside counsel on anti-bribery and corruption issues. Fox also hosts a weekly podcast, “The FCPA Compliance and Ethics Report,” and writes an in-depth monthly column for Compliance Week as well.
Attorney-client privilege is once again under siege, writesTom Fox—this time in a lawsuit being brought by the former general counsel of Bio-Rad, Sanford Wadler, who is suing his former employer for wrongful termination.
Tom Foxexplores the recent case of JPMorgan Chase when an employee’s former manager added material to a terminated employee’s file post termination to beef up the excuses for the termination. Not a good sign, says Fox, and possibly a sign of an ineffective compliance program.
Fiat, which was recently flagged by the EPA for pollution violations, could be a reminder to companies to scour the news for details on any regulatory investigations of their peers and perhaps to begin scrutinizing their own books and records, says The Man From FCPA Tom Fox.
For The Man from FCPATom Fox, the most interesting thing about the Volkswagen indictments were not that ‘rogue engineers’ were charged but that executives who participated in the cover-up were indicted.
As the recent arrest of another VW executive (this time in the United States) unfolds, The Man From FCPA Tom Foxponders whether VW will actively assist U.S. law enforcement authorities in performing a substantive internal investigation.
The Man From FCPA Tom Foxoffers his take on the most recent Michael Lewis book, “The Undoing Project, A Friendship That Changed Our Minds,” which—Fox says—“should be studied by every compliance professional for its insights into how the human mind works.”