Remember the Myth of Arthur Andersen—that if you go to trial in a corruption case and lose, the company will be irreparably harmed and even destroyed. It was cited by almost every compliance practitioner, Justice Department lawyer, general counsel, and even chief executive as the reason never to go to trial in a corruption case: A loss could end your company. That myth was debunked in the book The Chickensh*t Club where Jesse Eisenger said it was a PR campaign developed by two consultants for the company. Arthur Andersen was on the verge of collapse for a whole host of business-related reasons, and the guilty verdict for destruction of documents had little or nothing to do with the company going under. 

Thomas Fox has practiced law for over 40 years. Tom writes the daily award-winning blog, the FCPA Compliance and Ethics blog and founded the Compliance Podcast Network. Tom leads the discussion on AI in...