text: Day 11 of One Month to More Effective Internal Controls-Internal Controls for Gifts, Travel and Entertainment
  FCPA Compliance and Ethics Report-Episode 165-BHP FCPA Enforcement and Lessons Learned for the Compliance Practitioner
  NBAA Article Explains IRS Stance on Entertainment Disallowance for Sole Proprietors
  Holland & Knight LLP on 9/22/2021
  The Internal Revenue Service (IRS) recently released Chief Counsel Advice (CCA) 2021-17-012 to explain that sole proprietor flights are generally not subject to the employer-provided aircraft rules in Internal Revenue Code...more
  The Post-Pandemic Expenses Policy - Your Employee Expenses Policy Still Fit for Purposes?
  FTI Consulting on 6/21/2021
  COVID-19 dramatically and swiftly changed the way that many employees normally work – and where they work from. As working arrangements change and, hopefully, settle into new patterns, are employers’ pre-pandemic expenses...more
  Ninth Circuit Offers Glimmer of Hope for Employers Against PAGA Suits
  CDF Labor Law LLP on 6/8/2021
  The Ninth Circuit in Magadia v. Wal-Mart Associates, Inc., No. 19-16184 (May 28, 2021) (“Magadia”), recently provided what is perhaps the first hopeful road map for employers to defend themselves against PAGA claims since a...more
  A Primer on Gifts and Business Entertainment
  Thomas Fox on 4/29/2021
  If one were to reflect upon the providing of gifts and business entertainment to foreign governmental officials, one might reasonably conclude that after 40 years of the FCPA, companies might follow its prescriptions...more
  IRS Provides Guidance on Temporary 100% Business Meal Deduction
  Murtha Cullina on 4/21/2021
  The 2017 Tax Cuts and Jobs Act eliminated the 50% deduction for any expenses related to business entertainment, amusement or recreation activities but preserved the 50% deduction for business expenses related to food and...more
  IRS Updates Guidance on Business Meal and Entertainment Deductions
  Murtha Cullina on 10/15/2020
  The 2017 Tax Cuts and Jobs Act (the “TCJA”) eliminated the 50% deduction for any expenses related to business entertainment, amusement or recreation activities. Taxpayers may, however, still deduct business expenses related...more
  HR Quick Take: Gifts to Public Employees
  Dentons Davis Brown on 10/8/2020
  Q: We are a public entity employer that is considered “essential” during the pandemic. A local bank wanted to give our employees gift cards to recognize their service to our community. Is this a problem because they are...more
  French Anti-Corruption Agency Publishes its Practical Guide on Corporate Gifts and Entertainment Policies
  Jones Day on 9/23/2020
  Companies should identify and, where appropriate, manage risk associated with gifts and entertainment by incorporating a clear policy into their overall corporate compliance strategy. On September 11, 2020, the French...more
  Herbalife’s FCPA Settlement: Lessons Learned (Part III of III)
  Michael Volkov on 9/3/2020
  Herbalife’s FCPA settlement is another one for books – the wreckage left includes two criminal indictments for Chinese officials who may never be apprehended, along with $123 million in penalties....more
  Anti-gift Law – The 2017 New Legal Framework Finally Ready to Go Live on October 1, 2020
  Dechert LLP on 8/26/2020
  The French anti-gift legal framework was substantially amended by the Ordinance No. 2017-49 dated January 19, 2017. However, these new rules were subject to the adoption of an implementing decree. Their implementation, which...more
  A CEO's Guide to FCPA Compliance
  Oberheiden P.C. on 7/24/2020
  - A tone-at-the-top business culture with CEO leadership is a critical component of effective anti-corruption and anti-bribery policy implementation. - CEO leadership helps set an example for lower management and company...more
  DOJ and SEC Issue Second Edition of the FCPA Resource Guide
  Skadden, Arps, Slate, Meagher & Flom LLP on 7/17/2020
  On July 3, 2020, the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC) jointly released the second edition of the “Resource Guide to the U.S. Foreign Corrupt Practices Act,” which was...more
  The Digital Twin and P&L of One
  Thomas Fox on 3/12/2020
  Innovation in compliance can come in many forms. One such form was described by Vincent M. Walden, Managing Director at Alvarez and Marsal Holdings, LLC (A&M), in his article entitled “Profit & Loss-of-One”(P&L-of-One). In...more
  IRS Issues Proposed Rule on Business Expense Deductions
  Littler on 2/28/2020
  On February 26, 2020, the IRS published proposed regulations implementing changes made by the Tax Cuts and Jobs Act of 2017 (TCJA) regarding the elimination of deductions for entertainment and the limitation on food and...more
  $1 Billion Ericsson Resolution, Three Jury Verdicts Cap Off Busy Fourth Quarter for US FCPA Enforcement
  WilmerHale on 12/31/2019
  On December 6, 2019, the Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) agreed to resolve allegations that multinational telecommunications company Telefonaktiebolaget LM Ericsson (Ericsson or...more
  I Believe in Father Christmas and Internal Controls for Gifts in the Holiday Season (UPDATED)
  Thomas Fox on 12/20/2019
  A key analysis is whether there are controls in place to enforce the policies and whether those controls are documented. To help to answer this query, there are four issues to evaluate...more
  Ericsson’s Pervasive Bribery Conduct: The Toxic Mix of Senior Executive Involvement and Third Party Corruption (Part II of II)
  Michael Volkov on 12/11/2019
  Ericsson’s FCPA settlement is in the books (not the books and records). But it casts a significant shadow across the FCPA landscape. A pervasive and systemic culture of bribery is defined to reflect senior executive...more
  Gift Giving During the Holiday Season
  Lowndes on 12/6/2019
  Gift-giving is an important part of the holiday season. Our society places a huge importance on gift-giving, and we all understand that gifts are a great way to show gratitude, friendship, and appreciation....more
  DOJ Charges Two Herbalife Executives with Criminal FCPA Violations
  Michael Volkov on 11/18/2019
  Last week, DOJ announced the indictment of two former Herbalife executives in China for participating in a bribery scheme over a ten-year period. Herbalife, a multi-level marketing company, was not charged and its...more
  Former Herbalife Employees Indicted on FCPA Violations
  Thomas Fox on 11/15/2019
  China continues to be a high-risk location for US companies to do business. While the current administration has laid numerous tariffs on Chinese goods, the fact that it holds 6 billion potential consumers will continue to...more
  Baseball Moves Forward and the Advancement of Compliance Through ComTech
  Thomas Fox on 10/17/2019
  What have been some of the advancements in compliance this century? One of the key recent innovations has been the role of Artificial Intelligence (AI) in compliance going forward. LawTech had disrupted the legal profession...more
  Government Continues to Closely Scrutinize Pharmaceutical Marketing Practices
  Robinson+Cole Health Law Diagnosis on 9/18/2019
  On September 4, 2019 the Department of Justice (DOJ) announced a $15.4 million settlement with pharmaceutical company Mallinckrodt ARD LLC (Mallinckrodt) to resolve alleged violations of the Anti-Kickback Statute (AKS) in two...more
  Juniper Networks Settles FCPA Violations with SEC for $11.7 Million
  Michael Volkov on 9/6/2019
  Juniper Networks agreed to pay the SEC $11.7 million to settle FCPA violations for conduct occurring in Russia and China. Under the settlement, Juniper Networks agreed to disgorgement of $4 million, a $6.5 million civil...more
  Vietnam issues new regulations implementing its Anti-Corruption Law, effective 15 August 2019
  Hogan Lovells on 8/8/2019
  On 1 July 2019 the Vietnamese government issued new regulations pursuant to Decree No. 59/2019/ND-CP (the New Regulations), which will take effect on 15 August 2019. Please see full Publication below for more information. ...more
  Five Lessons for Third-Party Distributor Risk Management from Microsoft FCPA Settlement (Part III of III)
  Michael Volkov on 7/29/2019
  The Microsoft FCPA settlement, while not significant in the total penalty of approximately $25 million, provides some important instructions concerning distributor and re-seller risks and mitigation strategies. ...more
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