Nota Bene Episode 29: The Essential Elements of Effective Corporate Compliance Programs with Jim McGinnis
Corporate compliance is increasingly becoming an important part of corporate culture and existence. However, there is a great deal of mystery around what compliance truly means, why it’s important, and what needs to be done to meet legal guidelines.
Host Michael Cohen is joined by Jim McGinnis, a member of the Antitrust and Competition Practice Group in Sheppard Mullin’s San Francisco office. Jim was formerly an Assistant United States Attorney for the Eastern and Central Districts of California, serving in the Criminal Division from 1984-1988. He specializes in complex litigation and white collar criminal matters with a focus on antitrust issues, often in the international arena.
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What We Discuss in this Episode:
What does compliance mean in the corporate setting?
What areas of corporate existence does compliance touch upon?
Why is it important for corporations to have compliance plans?
The Yates Memo and what it aimed to achieve
How can a compliance program help protect against exposure to liability?
Is there greater compliance when the consequences of noncompliance are criminal penalties as opposed to civil ones?
What is the biggest challenge facing multinationals when it comes to compliance programs?
Are companies expected to understand the laws and regulations of every country they’re doing business in?
How clear is the framework and guidelines for setting up a compliance program?
What are certain actions an organization must establish in order to meet the compliance requirements?
What is “tone at the top” and how does it affect corporate compliance?
Some mistakes Jim has seen throughout his years working in this space
Resources Mentioned:
Department of Justice – US Sentencing Guidelines
Section 8B2.1 – Effective Compliance and Ethics Program