Corporate internal investigations: best practices, pitfalls to avoid
Corporations are being scrutinised today as never before. Public and private companies alike are examined and investigated not only by the US government, but by increasing numbers of local, state, and foreign government agencies. Private plaintiffs are also filing more and more cases with significant allegations that attempt to call a corporation’s conduct into question. Frequently, corporate scrutiny focuses on compliance issues: that is, whether companies comply with the legal obligations to run the business ethically around the world. Corporations are clearly facing significant challenges.
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For the past 10 months, the US Department of Justice and the Enforcement Division of the Securities and Exchange Commission have advised the public that they are in the process of drafting guidance for companies regarding the requirements of, and prohibitions within, the US Foreign Corrupt Practices Act.