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).