Data Security and Identity Access Management

As originally published in Forbes. Data security is too often discussed at the macro level of data slicing, virtualization, and issues related to public vs. private clouds – extremely important concerns. I have been guilty of this, and of focusing on corporate firewalls and security concerns that arise outside of them (see above). This traditional focus…

FCPA-Inspired UK Bribery Act Projected to Hit the Oil and Gas Industry Hardest

The UK Bribery Act, anticipated to be the new international gold standard in anti-corruption, is scheduled to take effect on July 1, 2011, and, according to a recent study by Ernst & Young, it will hit the oil and gas industry the hardest. Ernst & Young’s news release revealed some troubling statistics regarding bribery prosecutions under…

Dodd-Frank Whistleblowing Claims Require Personal and Direct Reporting to SEC

As originally published in Forbes (May 10, 2011). In Egan v. TradingScreen, Inc. (S.D.N.Y. May 4, 2011), U.S. District Court Judge Leonard Sand held that relief under the Securities Whistleblower Incentives and Protection provisions of the Dodd-Frank Act (“Dodd-Frank”) is predicated upon the whistleblower’s personal and direct disclosure of all relevant information directly to the…

The Dodd-Frank Act’s Robust Whistleblowing Incentives

As originally published in Forbes (Apr. 14, 2011). The Securities Exchange Commission (“SEC”) settled three securities cases in July 2010 worth $550 million, $100million, and $75 million, respectively. Last year alone, the SEC and the Department of Justice (“DOJ”) settled three cases involving claims of corruption under the Foreign Corrupt Practices Act (“FCPA”). Those cases…

Protecting Your Corporation Against FCPA Liability in Mergers & Acquisitions

As originally published in Forbes (Mar. 28, 2011). The Foreign Corrupt Practices Act (“FCPA”) prohibits U.S. companies and citizens, foreign companies listed on a U.S. stock exchange, or any person acting while in the United States, from corruptly paying or offering to pay, directly or indirectly, money or anything of value to a foreign official…

Five Ways to Protect Corporate Executives From Catastrophic Liability

As originally published in The Huffington Post (Dec. 15, 2011). Individual corporate executives and directors of multinational corporations will soon face high-stakes lawsuits for alleged human rights violations by their corporations and third parties, including the actual foreign governments of the countries in which they do business. In a recent piece in The Huffington Post, I argued that…

Why Corporate Counsel Must Implement Stringent Corporate Anti-Corruption Policies in 2011

As originally published in The Huffington Post (Dec. 14, 2010). As we turn the corner into the new year, corporate counsel need to identify important legal issues facing their companies in 2011. One of the most critical is the implementation of stringent corporate anti-corruption policies in order to keep pace with the shifting landscape of…