The Importance of Independence in Internal Investigations: Deflategate

By: David A. Holley

The now historic National Football League (“NFL”) scandal involving the inflation levels of the footballs used by the New England Patriots during the 2014 AFC Championship Game – “Deflategate” – attracted national attention and filled countless hours of debate amongst friends, colleagues and perfect strangers. While early watercooler discussions centered on the intersection of weather, science and professional football, later dialog had been around more nuanced legal issues, such as the interpretation of collective bargaining agreements, tampering with or destroying evidence, and the role of judges in reviewing, what was essentially an arbitration ruling.

Continue reading The Importance of Independence in Internal Investigations: Deflategate

Extraterritorial Anti-bribery and Anti-corruption Compliance Requirements – A Third Party Perspective

In Pharmaceutical Compliance Monitor, William Marquardt discusses expectations to comply with extraterritorial anti-bribery and anti-corruption (AB/AC) regulations, and costs associated with these expectations.

Mitigating the Peril of the Chief Compliance Officer

By: David A. Holley

In December, I wrote here about the New York State Department of Financial Services’ (DFS) proposed regulation, Part 504 of the DFS Superintendent’s Regulations, to bolster regulated financial institutions’ abilities to combat terror financing and money laundering. The proposed rule provides, among other things, minimum guidelines for institutions’ transaction monitoring and sanctions interdiction programs. In addition, the regulation has a Sarbanes-Oxley–like component requiring the chief compliance officer (CCO) or functional equivalent to submit a yearly certification attesting that the firm is compliant with the new regulation.

Continue reading Mitigating the Peril of the Chief Compliance Officer

Defensible Preservation/Collection of New Data Types

Creating a process for preserving and collecting new data types takes a collaborative effort among numerous teams throughout IT, Legal, and HR. With the right people and process, your E-Discovery collection activities can quickly adapt to include new data sources.

Continue reading Defensible Preservation/Collection of New Data Types