Friday, July 1, 2011

BDP International Women's Group hosts Lynne Abraham (former District Attorney of Philadelphia)

On May 4, 2011 BDP International Women’s Group hosted a networking event, Navigating Today’s Business Challenges, with special guest Lynne Abraham (former District Attorney of Philadelphia). The event took place at the lovely XIX Restaurant at the Bellevue Hotel where over 100 women of diverse business backgrounds were treated to post-work cocktails and hors d’oeuvres and an inspiring speech by Ms. Abraham. As Philadelphia’s longest standing District Attorney in history, Ms. Abraham is familiar with tackling business challenges while keeping her integrity intact. She presented terrific examples of the benefits of best business practices while also providing her female audience advice on guiding their careers with their own integrity and ethical fortitude. A spirited Q&A segment followed where the audience shared their own thoughts, advice and questions on the best way to realistically handle business challenges while maintaining honesty and integrity.


Some interesting observations and quotes from Ms. Abraham's speech:

“The Big I is missing, there is a total lack of Integrity at some companies.”

“What we need is to start a “movement of ethics” that is practiced all over the world.”

“When presented with the chance to cook the books, don’t do it!”

“One should live their life in a way that states to the world, this is who I am and I am authentic.”

“Lack of loyalty is a FACT of the current world, learn to deal with it.”

“If you want gratitude for anything you have ever done, buy a dog!”

“I want to watch women do smart things.”

“Lack of self confidence should be a motivational event not a debilitating one.”

“Trust is the important underpinning for all business.”

“People don’t want to be managed, they want to be lead!”

Leaders should:

1) exude positive energy

2) posses a passion for excellence

3) love the action

4) energize others

5) clearly communicate your own vision

6) love people and like being around them

7) be inspirational (Mentor vs. Sponsor)

8) have an edge and be bold

9) be prepared to take risk but don’t be reckless (risk makes people uncomfortable)

10) be a problem solver

11) be decisive…learn to make yes or no decisions

12) be nimble…Opportunities only present themselves once

13) Execute! On time!

14) be resilient

15) be innovative

16) love to learn

17) promote teamwork

18) Not over-promise (forces you to do things you shouldn’t)

19) be able to say, “We blew it!”

20) be fair to your subordinates

21) share the glory!

22) give “constructive” criticism

23) be good listeners

24) encourage your teams to be forthcoming

25) be intelligent (Your brain expands, fill it!)

Thursday, June 30, 2011

The Coming Chaos In Global Enforcement

Source: FCPA Blog
Author: Richard L. Cassin, Esq., Cassin Law LLC, Singapore

Wednesday, June 29 - Anti-corruption laws are breaking out all over. In a few days, the U.K. Bribery Act will be a reality. Other countries, prodded by the OECD and U.S., are criminalizing overseas public bribery. Spain, the Netherlands, and the Czech Republic are among them. Russia has a new law, so do India and China. Indonesia wants one. In South America, Brazil joins the club, and others are talking about it.

It's good news. But what happens to a company and its executives if they're prosecuted in three, four, or five jurisdictions for the same bribes? Will the companies pay multiple fines? Will individuals be handed off from one prison to the next?

No one knows how it will work. There's no international superstructure in place to sort it out. And with big money up for grabs, there's sure to be enforcement competition. Earlier this year, we asked Richard Alderman, head of the U.K.'s Serious Fraud Office, about it. Here's the exchange:

FCPA Blog: When the Bribery Act becomes effective, should global companies fear the prospect of duplicate enforcement actions in both the U.S. and U.K.?

Richard Alderman: The SFO works closely with the DOJ and the SEC. We shall discuss how best to proceed. I do not want to see duplicate actions in each jurisdiction. I want the SFO to be able to agree with our U.S. counterparts on a resolution that we can pursue jointly with the corporate.


FCPA Blog: Isn't the prospect of multiple prosecutions even more disturbing if other countries join the U.S. and U.K. in aggressively pursuing global corruption? Do we need some kind of supra-national enforcement body?


Richard Alderman: It is important that the enforcement authorities liaise closely together so that there can be an overall resolution subject to the decisions of the courts in each jurisdiction. These issues are best left to the authorities in each jurisdiction and the courts.


Good intentions. But as more overseas antibribery laws come on line, will enforcement agencies always cooperate? Or will they sometimes compete? For starters, the coming uncertainty will make self reporting less attractive. After a voluntary disclosure in Washington, what will happen when prosecutors get a whiff of it in London, Madrid, Prague, Moscow, Beijing, and ten other places? Yet, with SOX obligations and the new SEC whistleblower rules, can any issuer really make a case against self reporting, even for one-off compliance problems? There are no easy answers.

So, let the chaos begin.

Tuesday, January 25, 2011

Bribery Act 2010

A top New Year priority for many in house lawyers will be to ensure that their organization has adequate procedures in place to comply with the Bribery Act 2010. Coming into force in April 2011, the Act includes a ‘corporate offense’ provision – the failure by a commercial organization to prevent bribery. It is a strict liability offense, or, perhaps more accurately, one of vicarious liability based upon the actions of the associated person. However, notwithstanding an offense of bribery, there is a defense available if an organization can prove, on the balance of probabilities, that it had in place adequate procedures designed to prevent associated persons from paying bribes. While the Act is not retrospective, it will be enacted in three short months. Companies must ensure that they have sound anti-corruption policies and procedures in place. Click here to view an article from Shoosmiths that shares helpful tips on creating an effective compliance plan.