On public officials and public records: Never assume you won’t be asked

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Assume that, eventually, someone is going to ask.

Someone is going to ask to see that record, that piece of documentation, or that email. They might be from a regulatory agency, or a potential acquirer doing due diligence, or your own compliance department.

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Charged with violating FCPA? Start gathering your documentation.

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At this week’s CBI Annual Pharmaceutical Compliance Congress in Washington D.C., SEC Director of Enforcement Andrew Ceresney discussed, among a number of other compliance topics, how a company could minimize the negative consequences of a violation of the Foreign Corrupt Practices Act (FCPA).

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Why the outcome of Yates shouldn’t bring document managers comfort

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You’ve probably come across the story: a commercial fisherman violated a law on what he was allowed to legally catch, and destroyed the evidence of his violation to avoid being charged. But instead of invoking local law and fining him, the feds charged him under the anti-shredding statue of the Sarbanes-Oxley Act.

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