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    Jul. 31, 2024

Whistleblower Protection and Compliance: A Comparative Study of the United States and Japan

Whistleblowing plays a crucial role in uncovering corporate misconduct, fraud, and violations of law and regulations. As organizations become increasingly complex and global, the importance of robust whistleblower protection and compliance frameworks has grown significantly, but different countries approach encouraging and protecting whistleblowers in different ways. In a guest article, Lowenstein Sandler partner Robert Johnston and associate Kei Komuro compare whistleblower protection and compliance landscapes in the United States and Japan, two of the world’s largest economies, with distinct legal and cultural contexts, revealing both similarities and significant differences. See “Japanese Companies Face Growing Anti-Corruption Enforcement Risk” (Jan. 27, 2016).

Implications of Loper Bright: Impacts on Congress, Courts and Agencies

The Supreme Court recently reversed the long-standing Chevron deference principle in its landmark Loper Bright Enterprises v. Raimondo decision. This two-part article series examines the implications of Loper Bright, including insights shared with the Anti-Corruption Report by Baker & McKenzie partner Helena J. Engfeldt and Paul Hastings partner Nathaniel Edmonds, and commentary from K&L Gates partners made during a firm presentation. This second part addresses the decision’s impact on Congress, courts, regulatory agencies and companies, and discusses how FCPA enforcement might be impacted. Part one discussed Chevron deference and examined the Loper Bright opinion and its effect on cybersecurity and privacy enforcement. See “Supreme Court: District Courts Have Jurisdiction to Hear Constitutional Challenges to ALJ Regimes” (May 24, 2023).

How Chile’s Economic Crimes Law Expands Corporate and Individual Liability

Companies doing business in Chile need to prepare for more expansive, and more aggressively enforced, liability provisions for white-collar crimes, as well as heightened compliance expectations, that are due to come into effect in fall 2024. Chile’s 2023 Economic Crimes Law, Law No. 21,595 (ECL), expands the range of criminal offenses for which a company can be held liable and introduces both personal liability for senior leaders at companies and new environmental offenses. The Anti-Corruption Report spoke to Chilean attorneys to better understand the ECL’s impact and what companies need to do to prepare. See “Conducting Effective Third-Party Due Diligence in Latin America” (Mar. 1, 2023).

Privacy and Data Security Regulators Discuss Enforcement Priorities and Collaborative Efforts

With the deluge of new data privacy and security legislation, alongside rapid growth in innovation, enforcement continues unabated, though the focus has shifted in some cases. This article distills insights on recent enforcement actions, trends and best practices from privacy and data security regulators who spoke during a panel discussion led by Freshfields Bruckhaus Deringer partner Christine Lyon at the Practising Law Institute’s recent 25th Annual Institute on Privacy and Cybersecurity Law. See “Measures for Complying With 19 (and Counting) State Privacy Laws” (Jul. 17, 2024).

Covington Welcomes Former Chief of EDNY’s Criminal Division

Kristin Mace, the former Chief of the Criminal Division in the U.S. Attorney’s Office for the Eastern District of New York, has joined Covington’s white collar defense and investigations practice in New York as a partner. For insights from Covington, see “Gartner’s Settlement for FCPA Violations in South Africa Raises Important Issues” (Jun. 21, 2023).

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.