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Paul E. McGreal
Professor of Law
Southern Illinois University
School of Law
Letter from the Chair
Compliance Committee Colleagues:
Happy New Year to you and to your families and welcome to the inaugural
edition of the electronic newsletter from the Committee on Corporate
Compliance, edited by Paul McGreal, Professor of Law at Southern Illinois
University School of Law. We are pleased to bring you this initial issue,
which will be published at least once a year, and we hope that it will
become a useful resource for you.
This electronic communication tool should be both informative and
interactive. It will have substantive articles on compliance issues;
updates on programs at the spring and annual meetings, along with any
special meetings; current awareness materials; and links to other relevant
sites. The newsletter will also have profiles of our committee leaders and
our committee members. We want you to be active and involved in developing
and sharing information about the Corporate Compliance Committee, so please
submit articles or ideas to Paul or to me via email.
2009 Spring Meeting
Coming up in the spring are timely and informative events planned for
Canada and China. The annual Section of Business Law Spring Meeting will be in
Vancouver, British Columbia from April 16 -18, 2009. Corporate Compliance
is presenting or co-sponsoring three programs at this meeting:
We hope you can make time to register for the Spring meeting and attend as
many of these programs as possible
- On Friday, April 17th, at 8:00 AM, we will present "What Do the
Newly Implemented Corporate Prosecution Principles Mean for Compliance and
Internal Investigations?" chaired by Jim Lord, co-chair of our
Internal Investigations subcommittee.
- Later in the morning, on Friday, April 17th at 10:30 AM, we will
present: "Global Business Confidential - Data Privacy Issues in
Cross-Border Investigations and Litigation," chaired by David Axelrod,
co-chair of our Records Retention & Electronically Stored Information
- On Friday, April 17th, at 8:00 AM, we will co-sponsor, with the White
Collar Crime Committee, "Aftermath of the Financial Meltdown -
Analyzing Future Litigation and Compliance Issues" chaired by Michael
Global Business Law Forum
I am pleased to note that Corporate Compliance is again participating in
the Section of Business Law's Global Business Law Forum in Hong Kong, China. We
participated in last year's forum in Frankfurt, Germany and will present
two programs at the GBL, which is scheduled for June 10 - 12, 2009. Below
are descriptions of our two programs:
June 11th, from 3:30 - 5:30 p.m., "The Development and
Implementation of the APEC Privacy Framework - Implications for Business
Committees on Cyberspace Law, Corporate Compliance, Consumer Financial
Services & Corporate Counsel
Program Chairs: Christina Kunz and Michael R. Clarke
A number of different so-called "Fair Information Practice
Principles" attempt to regulate or otherwise control the use, control
and cross-border flow of protected personal information. Still, many
international businesses are frustrated with the various schemes as being
uncoordinated and too difficult to implement. APEC's Privacy Framework is
intended to promote a flexible approach to information privacy protection,
seeking both accountability and prevention of impediments to trade. The
U.S. government supports the APEC approach, yet many businesses are
unfamiliar with the Framework or how it compares to other systems such as
the EU Data Protection Directive Principles
- June 12th, from 8:30 - 10:30 a.m., "21st Century Compliance: The
Age of AML, The Gatekeeper Initiative, FCPA and other Global
Committees on Corporate Compliance and Banking Law
Program Chairs: Frank Razzano, Michael Clarke, Martin Lybecker
This presentation will address the challenges corporations face in
complying with both U.S. and international anti-corruption laws and the
enforcement initiatives of the United States, European and Asian
governments when addressing sales, investment, merger or joint venture
activities.It will include discussion of numerous cross-border governmental
initiatives, such as the Foreign Corrupt Practices Act and other
international anti-corruption efforts; the Anti Money Laundering statute
and the Gatekeeper Initiative.
We hope you can make it to Hong Kong in June for these timely programs.
Finally, please see the profile of our Compliance Committee eNewsletter
editor, Paul McGreal. In the future, this space will highlight one of the
vice chairs or subcommittee chairs within our committee, along with other
committee members. Please feel free to submit information about yourself
or any other Corporate Compliance Committee member that you feel should be spotlighted.
I hope you like what we've put together and that you help us keep it going
by contributing. I look forward to hearing from you and seeing you at our
Please have a productive 2009!
Michael R. Clarke
Chair, Committee on Corporate Compliance
EBI, LLC, d/b/a Biomet Trauma & Biomet Spine
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Committee Leadership Profile
Paul E. McGreal
Professor of Law
Southern Illinois University School of Law
Paul McGreal is Professor of Law at the Southern Illinois University School of Law,
where he joined the faculty in Fall 2006. Previously, he served on the faculty of the
South Texas College of Law for ten years, and prior to that he was associated with
Baker Botts L.L.P., where he practiced general civil litigation on cases involving
employment law, products liability, deceptive trade practices, and antitrust issues.
He specializes in corporate compliance and ethics, antitrust, and constitutional law.
Professor McGreal has authored numerous publications, including over thirty articles,
essays, and textbooks on corporate compliance and constitutional law. He also regularly
speaks at national seminars and conferences on corporate compliance and ethics programs.
While at South Texas, Professor McGreal was appointed the founding Director of the College's Corporate Compliance Center.
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Filip Memorandum Replaces the McNulty Memorandum
In August 2008, Deputy Attorney General Mark Filip released a revised
version of the Department of Justice Guidelines for Charging Organizations.
The Filip Memorandum
retains the guideline that prosecutors should look favorably on a corporation
with an effective compliance and ethics program.
Final Federal Contractor Rules on Internal Controls and Reporting of Misconduct
On November 12, 2008, a final rule
was released amending the Federal Acquisition Regulation to revise the internal controls
required of certain federal contractors, and to require reporting of certain legal violations.
The rules went into effect on December 12, 2008.
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White Collar Crime; Conflict of Interests; EU Data Protection Statutes and US Corporate Investigations
David F. Axelrod
Throughout its history the United States has been regarded as a bastion of
individual rights and a beacon for the Western world, making it ironic that
citizens of the European Union (EU) today enjoy significantly greater protection
than U.S. citizens of the sanctity of their personal data. Europeans'
elevated sensitivity to this issue may be attributable to experiences with abuses
of personal information by fascist and communist governments. Regardless, it
can create enormous headaches for U.S. companies. While protecting their
own citizens, EU data protection laws can become inimical to the interests of
U.S. companies by, among other things, interfering with their ability to
respond to demands for information by U.S. authorities, and to conduct
cross-border investigations of suspected misconduct. In turn, this may prevent
such companies from cooperating with the U.S. government in the manner
Eastern European countries that most recently joined the EU.
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