All Compliance Week articles in Web Issue – Page 594
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Blog
Exchanges join forces to harmonize trading halts
In response to trading disruptions and pricing irregularities that plagued the stock market last August, three major exchange groups—Bats Global Markets, Nasdaq, and the New York Stock Exchange—are working together to harmonize their electronic trading procedures. Joe Mont has more.
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Blog
SEC prevails in constitutional challenge to in-house judges
It will assuredly not quell controversy surrounding the SEC’s use of in-house judicial hearings, but the U.S. Court of Appeals for the D.C. Circuit is now the first appellate court to uphold the constitutionality of those administrative proceedings. Joe Mont reports.
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Ceresney flashback: deposing ‘The Donald,’ part II
More details from the December 2007 deposition of Donald Trump conducted by then-private lawyers Andrew Ceresney and Mary Jo White—“an interrogation unlike anything else in the public record of Trump’s life” focused primarily on his honesty. Bruce Carton reports.
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SEC bars 2 KPMG auditors over bank loan loss reserves
Tammy Whitehouse looks at the case of two KPMG auditors barred by the SEC from public company practice over their role as engagement partner and senior manager on the audit of a failed financial institution in the aftermath of the financial crisis.
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SFO Airbus investigation indicates new normal in financing and compliance
The Serious Fraud Office investigation into Airbus emphasizes the importance of compliance program best practices for borrowers in obtaining funding and loan guarantees, especially in light of the latest trend: government oversight. Tom Fox reports.
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SEC fines company for anti-whistleblower severance deals
With a warning to companies that rely upon severance agreements, the SEC has settled with an Atlanta-based building products distributor over allegations it violated securities laws by requiring outgoing employees to waive their right to monetary recovery if they filed a whistleblower complaint. Joe Mont reports.
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Sports Direct is a Victorian workhouse or a gulag, not a warehouse
A case of shocking workplace conditions within a European Union-era United Kingdom raises an unsettling question, says Paul Hodgson: Once Brexit occurs, will cases like this become more likely?
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BHS: asset strippers, chancers, and governance failures
Parliament released a scathing report on the sale and management of retail chain BHS in late July. The report, says Paul Hodgson, led to calls for someone to be stripped of his knighthood—a first in Parliament history.
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Hybrid group of professional whistleblowers and insiders on cusp of huge awards
A new hybrid group of professional whistleblowers and corporate employees is about to get paid massive sums for their efforts to uncover securities law violations in the foreign exchange markets. Bruce Carton reports.
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Blog
Board needs more time for strategy, risk, directors say
A recent KPMG roundtable series revealed that corporate boards just don’t spend enough time on strategy, strategic risk, technology, cyber-security, executive succession planning, or talent development. Tammy Whitehouse has more details.
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Blog
The FCPA as an economic tool
The FCPA is rarely considered as an economoic tool. But as a means of fighting corruption, however, it also helps to improve market efficiency.
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Article
FRC: U.K. corporate culture needs serious work
The United Kingdom’s Financial Reporting Council has released a report of observations on overall U.K. corporate culture and highlighted a number of ways in which boards and management can make some much-needed adjustments. Neil Hodge has more.
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ArticleOn its fifth anniversary, CFPB is as controversial as ever
The Consumer Financial Protection Agency may be the most polarizing government agency ever created. It’s also one of the most resilient, given its perseverance in the face of political and legal attacks. Its ultimate fate, despite its successes, may depend on two separate challenges to its constitutionality winding their way ...
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Article
The pros and cons of using stock buybacks
It’s become commonplace for public companies to use stock buybacks to distribute excess cash to shareholders. Tammy Whitehouse hears from accounting experts on accelerated stock repurchases—what pitfalls and unintended consequences companies should beware when structuring shareholder contracts.
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Article
SEC modifies administrative proceedings, but did it go far enough?
The SEC views administrative proceedings as a streamlined, time-sensitive process that can adjudicate certain enforcement actions that would otherwise clog federal courts. Critics see an unfair process that stacks the deck in favor of the Commission. The big issue, writes Joe Mont, is whether new procedural changes can appease detractors.
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Amid corruption scandals, compliance booms in Brazil
It might seem that corruption scandals are one of Brazil’s leading exports this year, but amid renewed government anti-bribery enforcement efforts, the country’s compliance sector is growing by leaps and bounds. Rodrigo Amaral has more.
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ArticleMike Lamberth: Shepherding the future of compliance
Mike Lamberth, managing vice president of compliance for Capital One Financial, was on the job as compliance programs first started to become ubiquitous. His vision for the profession: a continuing evolution that combines talents, keeps pace with regulatory change, realizes the positive disruption technology will bring, and does all this ...
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Blog
DoJ sends clear signal in the LATAM/LAN FCPA enforcement action
A recent Foreign Corrupt Practices Act case found LATAM Airlines Group shouldering a heavy burden, paying out approximately $22.2 million in penalties. The significant costs, notes Tom Fox, seems to imply the Justice Department’s FCPA Pilot Program is working.
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Olympic heroes in an age of cheating
As our sporting heroes take to the field in Rio this week, their exemplary efforts are undercut by the creeping notion that among them, somebody is cheating. Bill Coffin has more.
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Regulators clarify diversity self-assessments
Federal banking regulators are offering additional details on the self-assessments of diversity policies and practices the institutions they oversee will need to submit as part of an effort to meet a requirement of the Dodd-Frank Act. Joe Mont has more.