Articles by Thomas Fox

What is a compliance professional’s worst nightmare? Last week in Episode 49 of This Week in FCPA , Howard Sklar and I speculated on why the UK Serious Fraud Office (SFO) would announce it was opening an investigation into the activities of the UK defense contractor, EADS. On Tuesday, in a Financial Times (FT) article, entitled “ Emails tell of fears over EADS payments ”,...Full Article »

On May 25, 1961 President John F. Kennedy told a special joint session of Congress: “I believe this nation should commit itself to achieving the goal, before this decade is out, of landing a man on the moon and returning him safely to Earth.” Forty three years ago, today, on July 24 that dream was accomplished when Apollo 11 which had landed Neil Armstrong and Buzz Aldrin on the moon...Full Article »

For any in-house practitioner or lawyer in private practice who represents corporations, I believe that identification, assessment and management of risk is the key service that you can deliver. Risk comes in all shapes and sizes. My Engineer father would say that to manage a risk, you must first measure that risk but as a lawyer I am more often called upon to help manage the risk rather than to...Full Article »

In an article in the October/November issue of Society of Corporate and Compliance Ethics Magazine (SCCE), entitled “ The seven biggest mistakes companies make that erode ethical culture and destroy reputation ”, author Eric Feldman reviews his version of the Seven Deadly Sins for a company’s compliance and ethics program. While noting that the “most severe consequences...Full Article »

Columnist's Note - I was honored and humbled to find this post wherein the Corporate Law Report collected twenty ideas I have set forth in my blog postings over the past couple of years. I was honored because someone else thought my postings were of note. I was humbled because the editor laid it out much better than I ever could have done. I ask and received permission to reprint it, in its...Full Article »

Transparency International (TI) recently released a consultation draft of its White Paper entitled “ Anti-Bribery Guidance for Transactions ”. In Part I we discussed the risks to companies involved in international mergers and acquisitions. The TI White Paper notes that anti-corruption and anti-bribery due diligence is “often not undertaken, neglected, or allocated insufficient...Full Article »

Transparency International (TI) recently released, in draft form for consultation, a White Paper entitled “ Anti-Bribery Guidance for Transactions .” Although this version was preliminary draft, available for a commentary period and the final version is to be released later in October, 2011, the guidance provided is well worth reviewing and will be of great use to any company engaged...Full Article »

E.        Reconciliation of the Various UNCAC Provisions How do we reconcile the various Articles under the UNCAC with the statements contained in the Nigerian Tribune? If the UN Convention does not grant individuals a private right of action under Article 35, then why would SERAP in the petition to the EFCC be referring to the UN Convention against Corruption?...Full Article »

In an article published in the August 21, 2011 edition of the Sunday Nigerian Tribune, entitled “ Corruption in Nigeria:  Multi-nationals pay $3.2 b fine ”; author Olawale Rasheed discussed the petition filed on August 2, 2011 by the Socio-Economic Rights and Accountability Project (SERAP) against the Nigerian Economic and Financial Crimes Commission (EFCC). The Petition sought...Full Article »

In an article published in the August 30, 2011 Wall Street Journal , entitled “ Iran’s Hong Kong Shipping Shell Game ”, Claudia Rosett reported on efforts by Iran to reflag ships to companies with Hong Kong registries. While the focus of the article seemed to point to the Office of Foreign Assets Control (OFAC) sanctions against US companies doing business with Iran, and other...Full Article »

As I wrote last week I certainly do not need to invent compliance stories to blog about and even if I did no one would believe me. I was reminded of this once again last week when I read an article by Sam Rubenfeld, in the August 24, 2010 edition of the Wall Street Journal Corruptions Currents , entitled “ Gulfsands In Business With Cousin Of Syrian President ”. Rubenfeld reported...Full Article »