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    Aug. 3, 2022

New Country Corruption Risk Forecast Tool Offers a Different Approach From the Corruption Perception Index

A new Corruption Risk Forecast (CRF) tool is giving compliance practitioners and business leaders an alternative to the commonly used Transparency International Corruption Perception Index when assessing jurisdictional risk. The CRF aims to predict where a country’s corruption profile is headed, not just offer backward-looking composites. Leveraging 30 data points, the CRF looks back 12 years to project corruption risk levels in the future. As we explain in this article, while the free tool boasts helpful features for research and analysis, initial reviews are mixed about how compliance practitioners should rely on its summarized findings. See “Revisiting Compliance Programs in Light of the DOJ’s Updated ECCP” (Sep. 30, 2020).

A Quick Look at Root Cause Analysis

Recent statements from the DOJ and other enforcement authorities make clear that an internal investigation must do more than determine what happened – it must also uncover why something went wrong. The process of getting to why is commonly called a “root cause analysis” and performing one has become a necessity for companies that find themselves in hot water. In this quick start guide, we outline why a root cause analysis is necessary, how to perform one and how companies can use more advanced approaches to glean greater insights from the process. For a more detailed discussion of root cause analysis, see our three-part series: “DOJ Expectations and Getting to Why” (Jun. 23, 2021); “Gathering Information” (Aug. 4, 2021); and “Touching Bottom and Advanced Maneuvers” (Aug. 18, 2021).

Importance of In-House Counsel Discerning Their Client and Managing Evolving Attorney-Client Privilege Issues (Part One of Two)

In-house counsel who wear multiple hats may face a number of ethical issues, as well as situations that make determining when the attorney-client privilege applies, and to whom it applies, difficult. This first article in a two-part series originally published in the Private Equity Law Report covers a PLI program featuring in-house and outside counsel who examined the importance of correctly identifying which individual or entity is a GC’s client, as well as attorney-client privilege considerations in the context of PE transactions. The second article will cover the panelists’ insight on unique ethical issues that in-house counsel confront and will provide guidance for navigating common types of conflicts of interest See our two-part series on preserving the privilege for in-house counsel: “Communications and Common Issues” (Feb. 17, 2021); and “Internal Investigations and Depositions” (Mar. 3, 2021).

Handling Evolving Post-Pandemic Employee Privacy Issues

The pandemic has left a rushed patchwork of problematic privacy laws, with public demands for more corporate transparency conflicting with employees’ rights to privacy and employer expectations of better visibility into the remote work environment, as well as increased safety for those in shared workspaces, panelists at a recent Practising Law Institute program said. We share their insights on vaccine policies, employee monitoring, collecting diversity data and more. See “Opportunities for Anti-Corruption Compliance Enhancements While Working Remotely” (Apr. 15, 2020).

Sanctions 101: How Sanctions Regimes Work (Part One of Three)

The latest round of sanctions imposed against various Russian individuals, entities, activities and sectors is not a novel development, but the breadth of the sanctions and the global coordination in imposing them does distinguish them from prior iterations. This first article in a three-part series explains how sanctions regimes work. The second article will discuss how sanctions can impact investors and investments – including what to do if an investor or investment is subject to sanctions – while the third article will explore what managers should do to ensure they comply with sanctions and have sufficient protections in their fund documents. See “Quad/Graphics Self-Reports FCPA and Sanctions Violations, Earning a DOJ Declination and Small SEC Fine” (Oct. 16, 2019).

Former OFAC Enforcement Division Section Chief Joins Morrison Foerster’s National Security and Global Risk and Crisis Management Groups

Rachel Fiorill previously led the investigations and resolutions of hundreds of enforcement actions at OFAC, including several groundbreaking civil monetary penalties. For more from Morrison Foerster, see our three-part series introducing the Foreign Agents Registration Act: “Definitions and Exemptions” (Mar. 3, 2021); “The New Risk Environment” (Mar. 17, 2021); and “Enforcement and Compliance” (Apr. 14, 2021).

Former AUSA Rejoins Steptoe in White Collar Defense Group

Dwight Draughon has rejoined Steptoe & Johnson as a partner in the firm’s white collar defense group, based in Washington, D.C. For insight from Steptoe & Johnson, see “Glencore Pleads Guilty and Agrees to Pay $1.1 Billion to Multiple Authorities, But Can It Change?” (Jun. 22, 2022).

Most-Read Articles

Corporate Compliance and Enforcement Hot Topics With IBM VP Una Dean

Editor-in-Chief Rebecca Hughes Parker recently spoke with IBM's vice president and assistant general counsel of investigations Una Dean, who will be co-chairing ACI's FCPA conference this fall, about a range of hot compliance topics. 

The video is here

Quick Take on FARA

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

Global Editor-in-Chief Rebecca Hughes Parker 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.