Oct. 27, 2021

AB InBev’s C2CRIGHT Initiative: Using Split Learning to Protect Privacy While Working Together

Corruption is a societal problem, involving multiple players and not limited to individual companies. Matt Galvin, global vice president, ethics and compliance, at AB InBev, argues that, because corruption is essentially a collective action problem, the best way to combat it is for companies to work together to develop strong anti-corruption tools. In the first article in this two-part series, we looked at how Galvin’s C2CRIGHT initiative will work. In this second article, we uncover some of the barriers to participating in such a project and how Galvin and his team plan to alleviate those concerns. See our three-part series on artificial intelligence for anti-corruption compliance: “Foundations” (Oct. 28, 2020); “Building a Model” (Dec. 2, 2020); and “Five Workarounds for Asymmetric Data Sets” (Feb. 3, 2021).

How In-House Expertise Can Help Outside Counsel

When faced with an anti-corruption issue or other compliance-related crisis, most companies reach out to outside counsel for advice and support. Law firms can offer critical resources, including seasoned attorneys with years of investigatory experience under their belts, but they often lack hands-on, in-house experience with compliance programs. This can lead to misunderstandings and stress. With this in mind, Amy Schuh, a former executive at HP, Merck and Cognizant, is taking her in-house experience to Morgan Lewis to help build out an ethics and compliance practice. The Anti‑Corruption Report recently spoke with Schuh about the reasoning behind her move and how law firm teams can benefit from integrating in-house know-how into their practices. See “A Guide to Identifying and Working With Quality Local Counsel” (Apr. 4, 2018).

Navigating India’s Evolving Corruption Risk Landscape: FCPA Actions

India, with its extensive bureaucracies and red tape, is known to present significant corruption risk, “but the risk is not as extreme as it is in other parts of the world,” said Sherbir Panag, a partner at Panag & Babu in New Delhi, at a recent Strafford CLE Webinar. Panag, along with Jeffrey Everson, a senior manager at EY, and Jay Holtmeier, a partner at WilmerHale, discussed the evolving corruption risks in India. In this first article in a two-part series, we share their insights on FCPA trends and recent FCPA cases that involved misconduct in India, and in the second part, we will cover the India-specific corruption risk, and the local anti-corruption landscape in India. See “Ten Tips for Performing Effective Anti-Corruption Investigations in India” (May 24, 2017).

Balancing Legalese and Simplicity in Modern Privacy Policies

When was the last time even a privacy lawyer read a privacy policy on a site visited for leisure?  Privacy policies need to meet certain legal requirements, but also need to be clear and simple, a balance that can be difficult to achieve, as evidenced by the proliferation of complex policies. At a recent IAPP web conference, David Kantrowitz, of counsel at Goodwin Procter; Matan Balas, principal at Balas Law; and Ashley Yesayan, founder of OneVillage, a portal connecting cancer patients with tools, content and services, discussed their experiences drafting policies and shared insights on striking that balance. We share their insights in this article that first appeared in our sister publication the Cybersecurity Law Report. See “How Do You Put a System of Privacy and Security Controls in Place When Your Target Keeps Moving?” (May 26, 2021).

Electronic Communications: Using Third Parties for Compliance, Mitigating Social Media Risks and Fulfilling Document Requests

The responsibility to monitor, preserve and produce the electronic communications of employees have far exceeded most companies’ in-house capacity. That is exacerbated by the pervasiveness of social media and other forms of electronic messaging that blur the line between personal and business messages. This final article in a three-part series originally published by our sister publication Private Equity Law Report explains how fund managers can work with service providers to capture, archive and surveil their employees’ electronic communications and social media practices. The first article provided an overview of recent regulatory measures – ranging from guidance to enforcement actions – related to electronic communications, as well as certain trends that are exacerbating the topic’s significance for fund managers. The second article suggested several types of considerations that fund managers should weigh when preparing employee training regimens, as well as policies and procedures, directed at rooting out improper electronic communication practices. See “Retaining Business Records in an Era of Disappearing Messaging Apps” (Sep. 14, 2018).

Hughes Hubbard Welcomes China Specialist in New York

Christine Kang focuses her practice on advising Chinese companies, as well as multinational companies doing business in China. For insight from Hughes Hubbard, see “Taking Advantage of the Intersection of ESG and Compliance” (Apr. 28, 2021).

Greenberg Traurig Welcomes Chair of White Collar Defense Practice in London

Jo Rickards joins from Mishcon de Reya, where she was a partner and head of the white collar crime and investigations group. For more from Greenberg Traurig, see “Revisiting Compliance Programs in Light of the DOJ’s Updated ECCP” (Sep. 30, 2020).