Did you know five of the 10 largest federal criminal fines levied against corporationseverwere meted out in 2012? They ranged from Barclays Banks $450 million settlement over the LIBOR manipulation scandal to GlaxoSmithKlines $3 billion settlement in connection with off-label marketing and other charges.
All of which goes to show that skimping on compliance can be pennywise, but pound foolish, says Gibson, Dunn & Crutchers Michael Li-Ming Wong, himself a former federal prosecutor.
CorpCounsel.com listened in on the firms recent ninth-annual webcast, entitled Challenges in Compliance and Corporate Governance. Heres what we learnedand what you can start putting to work in the new year:
1. Broaden Your Focus
Between new conflict minerals rules and sanctions on Iranboth of which fall outside the traditional emphasis of the Securities and Exchange Commissionthere is no question that a broader compliance effort is needed, says Washington D.C.-based partner Amy Goodman, who co-chairs the firms securities regulation and corporate governance practice group.
Start by figuring our whether such regulations apply to your company. The conflict minerals rule, which governs the use of tin, tungsten, tantalum, and gold from the Congo, could affect upwards of 5,000 U.S. companies. And the Iran sanctions also have a broad reach, encompassing the activities of a companys foreign affiliateswhich could include joint ventures, controlled subsidiaries, and other entities, Goodman says.
2. Take Cues from Morgan Stanley
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