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    Nov. 20, 2024

DOJ’s 2024 Edits to the ECCP: Data Analytics to Find Risks and Measure Effectiveness

Principal Deputy Assistant Attorney General Nicole Argentieri gave top billing to artificial intelligence when she announced recent changes to the Evaluation of Corporate Compliance Programs (2024 Edits). Getting into the weeds, however, a larger proportion of the 2024 Edits relate to how companies use more straightforward data collection and analytics to monitor, optimize and improve their compliance programs. In this second article of our series analyzing the 2024 Edits, we examine the new questions added that implicate how data is used in a compliance program to identify and mitigate risks, as well as how data analytics can be used to see how well the compliance program is working, providing value and improving company culture. The first article focused on the changes related to artificial intelligence; the third and final article will take a look at new language related to whistleblowers, compliance resources and incorporating lessons learned. See “Thoughts From DOJ Experts on Using Data Analytics to Strengthen Compliance Programs” (May 22, 2024).

Loose Lips Sink Ships: Maintaining Confidentiality in Investigations

During World War II, the U.S. Office of War Information launched a poster campaign with the slogan “Loose lips sink ships,” urging Americans to avoid careless talk that could jeopardize the war effort. In our modern context, “loose lips” can sink not ships, but entire investigations, careers and even companies. In a guest article, Ann Sultan, a member of Miller & Chevalier, and Ian Moolman, an ethics and business integrity manager at Emirates Global Aluminium (EGA), examine best practices for protecting investigations from leaks, factors that influence confidentiality measures and the role of emerging technologies. See “Navigating U.S. Privacy Laws in Internal Investigations” (Aug. 28, 2024).

Moog’s $1.7M SEC Deal Spotlights Subsidiary Liability, Third-Party Risk and Self-Reporting

The SEC’s announcement in October 2024 that U.S.-based aerospace and defense company Moog, Inc. had settled FCPA allegations might be easy to overlook with its small-scale bribery and modest settlement amount. Still, even a $1.7‑million slap on the wrist can sting, and the settlement may enlighten the broader regulated community on subsidiary liability, third-party risk, and the pros and cons of self-reporting. The Anti-Corruption Report spoke to experts in the field to glean insights from the settlement. See “Loose Practices and Imprecise Recordkeeping Prompt SEC Scrutiny, Even When Investors Are Unharmed” (Jan. 3, 2024).

Managing Technological Complexity When the Government Comes Knocking

In the past two decades or so, the number of ways humans can communicate with each other has multiplied exponentially. With the advances in technologies, involvement in a government investigation, where prosecutors want to see all relevant evidence, has become increasingly complicated. This article synthesizes insights from Christian Nauvel, Deputy Chief Counsel for Corporate Enforcement at the DOJ, Venable partner Matt Murphy and Johnson & Johnson senior counsel Nick Connor on how companies can get out ahead of investigations. See “Compliance Challenges in Records Management” (Aug. 16, 2023).

Emerging Issues in Workplace Privacy: Regulations and Compliance Strategies

As employers increasingly turn to automated tools to monitor and collect information on employees to increase efficiency, assess safety issues, streamline candidate screening and assess performance, federal and state regulators are examining privacy issues unique to such practices. Companies should understand the types of surveillance tools available to them as well as the risks and benefits of their use. Counsel from the California Privacy Protection Agency, Sidley Austin and Center for Democracy & Technology delved into workplace monitoring trends and issues at IAPP’s Privacy.Security.Risk. 2024 conference. This second article in a two-part series distilling their insights examines the legal and regulatory landscape applicable to employee privacy and offers compliance considerations. Part one discussed the types of employee data that companies are collecting and how and why they collect it, as well as employees’ concerns and how to navigate them. See “Privacy and Data Security Regulators Discuss Enforcement Priorities and Collaborative Efforts” (Jul. 31, 2024).

White-Collar Partner Joins Shook in Chicago

Shook, Hardy & Bacon has expanded its government investigations and white collar practice by adding Jay Schleppenbach as a partner in Chicago. He arrives from Dechert.

Most-Read Articles

Spotlight on Trailblazing Women

To mark International Women’s Day 2024, women editors and reporters of ION Analytics interviewed outstanding women in the industries and jurisdictions we cover. In this part, Jill Abitbol, Managing Editor of the Cybersecurity Law Report and Anti-Corruption Report, features notable women in data privacy, cybersecurity, white collar defense, compliance and anti-corruption law, including Christina Montgomery, Leslie Shanklin, Palmina Fava, Alexandra Ross and Lucinda Low. Enjoy reading their inspiring remarks here.

Ion Analytics' Spotlight on Trailblazing Women

In honor of International Women’s Day, some of ION Analytics' editorial teams led by women interviewed notable women in the markets and industries we cover. This part highlights notable women in compliance and hedge fund, data privacy and cybersecurity, and anti-corruption law, including Amii Barnard-Bahn, Abigail Bell, Genna Garver, Jane Horvath, Barbara Li, Amy Mushahwar, Mara Senn and Carol Widger. The interviews are here.

Data, Culture, ESG and Scope Creep with GM's Michael Ortwein

The Anti-Corruption Report spoke with chief compliance officer and assistant general counsel at General Motors, Michael Ortwein, who shared his insights on top-of-mind issues in advance of his participation in ACI's FCPA Conference. 

The full video is here. The associated article is here.

Corporate Compliance and Enforcement Hot Topics With IBM VP Una Dean

The Anti-Corruption Report spoke with IBM's vice president and assistant general counsel of investigations Una Dean, who co-chaired ACI's FCPA conference, about a range of hot compliance topics. 

The video is here

Quick Take on FARA

https://acuris.wistia.com/medias/wmb5vyeq2f

The Anti-Corruption Report discusses the Foreign Agents Registration Act (FARA) in this short video. For our three-part guide to FARA and the new risk environment, see here.

ACR Editor Discusses Using Artificial Intelligence to Support Anti-Corruption Compliance

Senior Editor Megan Zwiebel recently appeared on a podcast with Perkins Coie White Collar & Investigations partners Gina LaMonica and Caryn Trombino, who discussed the use of AI in compliance programs, including trends in AI-based compliance, steps companies can take to utilize AI in their compliance programs, and how regulators view the use of data and AI in compliance programs. Listen to the podcast here.

ACR Q3 Editorial Update

Listen to our Fall Editorial Update for a discussion of recent enforcement actions; enforcement trends and policies; and top-of-mind issues, such as internal investigations and hotlines, all in under 15 minutes. Register here.

ACR and CSLR Spring Update 2020

​​​​The Senior Editors of the Anti-Corruption Report and the Cybersecurity Law Report recently teamed up to present an update on the trends and hot topics in the anti-corruption, cybersecurity and data privacy spaces since the beginning of the year and what the publications will be focusing on in the coming months. A complimentary download of the webinar is available here.

Upcoming Webinar to Explore Best Practices for AML Compliance by Private Fund Managers

Please join our sister product, the Hedge Fund Law Report, on Thursday, May 30, 2019, at 11:00 a.m. EDT, for a complimentary webinar discussing the key components of a robust anti-money laundering program. To register for the webinar, click here.

ACR Webinar: The Art and Science of Transaction Monitoring: A Google Perspective

Transaction monitoring can help a company identify problem areas and assess how well its compliance program is working. Please join the Anti-Corruption Report for a complimentary webinar on May 2, 2019, from 1 p.m. to 2 p.m. EDT, where Senior Editor Megan Zwiebel will interview Google global ethics & compliance senior counsel Therese Lee and forensic program manager Aditya Yerramilli about how Google handles the art and science of transaction monitoring. Registration information is here.

ACR Webinar: Mitigating Risk in Argentina After the Notebooks Scandal

Doing business in a country that is embroiled in a mega-scandal can be treacherous. This is particularly true when the local business community is slow to get on the compliance bandwagon, as has been the case in Argentina while the Notebooks Scandal has been unfolding. Please join the Anti-Corruption Report on April 17, 2019, from 1:00 p.m. to 2:00 p.m. EDT for a complimentary webinar in which Editor-in-Chief Nicole Di Schino will discuss how to mitigate risk in light of the developing scandal with Argentinian attorney Guillermo Jorge, a partner at Bruchou, Fernandez Madero & Lombardi, and Barrick Gold’s Jonathan Drimmer. To register, please click here.