Parker Poe GRC

Governance, Risk & Compliance

There are a few things that compliance officers and other in-house counsel can take away from the late-November giving-shopping-doing spree (other than exhaustion!). With a bit of creativity, you can turn the sales and service holidays into compliance tips to carry forward into the new year. Taken in reverse order: Let’s think about reconstituting Giving Tuesday into “every Tuesday, give one incentive/form of compensation to an employee who participates in YOUR compliance program.” Why? Well…
California is implementing a law that has major implications for companies that deal in personal data as well as large to medium sized companies that have an internet presence in California. The California Consumer Privacy Act passed this summer and will take effect on January 1, 2020. Its strict compliance requirements will impact many companies outside of California.…
It’s been a year since I wrote about The Board’s Overlooked Role in Compliance. At the time, it seemed that momentum was building for more proactive board engagement in establishing and overseeing compliance programs. After all, regulators and courts have been increasingly outspoken about the importance of effective compliance programs and pointed about the essential role of boards of directors. Deputy Attorney General Rod Rosenstein recently addressed that very topic at Compliance Week’s 2018…
Last October, Thomas Homan, the acting director of Immigration and Customs Enforcement (ICE), announced that 2018 would see a significant increase in worksite related investigations. He pledged a four-fold increase in worksite audits. This seems unsurprising given the Trump campaign and subsequent Trump administration’s focus on reducing or ending illegal immigration to the United States. In January, ICE announced a new worksite enforcement strategy in conjunction with servicing notices of inspection and the arrest of…
The U.S. Justice Department, the Federal Trade Commission, and other federal agencies recently announced their 2018 increases for civil penalties. As the costs of violations continue rising, it is imperative that companies develop a strong compliance framework to prevent compliance failures. The increases are a required part of the redundantly titled “Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.” It required that heads of government agencies adjust civil penalties yearly to account for…
A Corporate Compliance Insights article written by Peter Merkulov recently caught my eye because of its breakdown of the hard costs of compliance – and noncompliance. The title is “The True Cost of Compliance,” and the subject is the December 2017 report issued by Globalscape and Ponemon Institute called “The True Cost of Compliance with Data Protection Regulations.” Mr. Merkulov is the chief technology officer at Globalscape, and as of this date I…
The exploitation of migrant workers continues to be a problem across the globe as reports surface of forced labor for little to no compensation. The role multinational corporations play – or should avoid playing – in this recurring problem was the topic of many news stories over the past year. The spotlight fell on several companies that failed to prevent exploitation of migrant workers in their supply chain, while other companies were praised for making…
In late February, the SEC approved what it labeled “Guidance on Public Company Cybersecurity Disclosures.” And, sure enough, about three-quarters of its 24 pages focus on the various categories and locations of cybersecurity risk and incident disclosure obligations, as well as materiality determinations. Because the SEC’s much-anticipated guidance appeared right in the thick of calendar-year companies’ Form 10-K and proxy statement preparations, much attention has been paid to its disclosure aspects. But as the dust…
I recently cracked open my Harvard Business Review to the article on “Why Compliance Programs Fail.” I read with great interest the authors’ theory on how weak, milque-toast metrics can result in check-the-box, paper-only compliance programs. I don’t disagree at all, but I have a few practical suggestions to add. The authors cite, as have many, the shocking statistic from EY’s 2016 Global Fraud Survey that out of nearly 3,000 executives surveyed, 42…