In an article for Bloomberg Law, litigation & enforcement partners Maria Calvet and Ryan Rohlfsen discussed enforcement developments from the U.S. Department of Justice and Securities and Exchange Commission in 2022.The piece recaps key investigations and announcements relating to the Foreign Corrupt Practices Act (FCPA), and the agencies’ focus points throughout the year:
- Incentivizing compliance
- Leveraging data analytics
- Ephemeral messaging
- Corporate monitors
- Compliance program certifications
Concluding the article, the authors offer the following takeaways: “FCPA officials at the DOJ and SEC have recently endeavored to clarify their enforcement priorities and explain proactive measures companies can take to address risk in the FCPA context. In sum, companies that leverage data analytics to improve their compliance programs; implement consistent messaging and personal device policies, especially where platforms possess ephemeral functionality; and structure employee compensation according to compliance-related conduct will be at the vanguard of ethical corporate citizenship.”
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