Featured Columns


A Risk Assessment Thought Experiment

Risk assessment and program assessment are, of course, two different animals. But inside most every risk assessment there is a program assessment struggling to be heard, and the converse is true of every program assessment. Making the most of these connections can be essential to optimizing both functions. There are several ways to do this, and Jeff Kaplan focuses ...


Why Tyco Got Off Easy

We do not know for sure why Tyco received only a non-prosecution agreement instead of a deferred prosecution agreement, or how it avoided a monitor. But the treatment is notable. Matteson Ellis explores reasons why Tyco didn't get a harsher punishment.


Tyco NPA Details

Tyco agreed to a robust corporate compliance program that either currently exists or will be implemented in the future. This corporate compliance program is somewhat different than most of the 13 minimum best practices compliance regimes reported in DPAs and NPAs since the Panalpina DPA of November 2010. Thomas Fox reviews what it consists of.


FCPA Roundup

FCPA professor Mike Koehler provides us with a round up of all things FCPA. There's talk of Wal-Mart, recent survey results, quotes from former DOJ employees, and more.


Auditing To Detect Criminal Antitrust Conduct – Does Anyone Do This?

How good is your antitrust compliance program – would it be considered effective in addressing criminal antitrust risk, or what is also referred to as cartel conduct? Perhaps you have an antitrust manual and a lawyer who gives presentations about the law. Maybe this is also covered in your code of conduct. But does this meet the most widely ...


When It’s All About The Money, Even The Money Is Lost

Steve Priest reviews the lessons from the NFL referee fiasco and how it relates to the tragic flaw underlying most of our corporations, the relentless drive to improve profitability. This can be good, but sometimes, usually when arrogance overcomes prudence, people and companies do stupid things in the name of profitability.