Newsletter of the ABA Section of Business Law Committee on
 Corporate Compliance
Winter 2009
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FREE FOR ALL BUSINESS LAW MEMBERS

Letter from the Chair

Committee Leadership Profile:
Paul McGreal
Professor of Law
Southern Illinois University School of Law

Current Awareness
  Filip Memorandum Replaces the McNulty Memorandum
  Final Federal Contractor Rules on Internal Controls and Reporting of Misconduct

Featured Article
  White Collar Crime; Conflict of Interests; EU Data Protection Statutes and US Corporate Investigations

Editorial Board:

Paul E. McGreal
    Editor
    Professor of Law
    Southern Illinois University
    School of Law

  Letter from the Chair
   
Committee Chair, Michael R. Clarke 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:

  1. 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.
  2. 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 subcommittee.
  3. 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 E. Clark.
We hope you can make time to register for the Spring meeting and attend as many of these programs as possible


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:
  1. June 11th, from 3:30 - 5:30 p.m., "The Development and Implementation of the APEC Privacy Framework - Implications for Business Counsel"
    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
  2. June 12th, from 8:30 - 10:30 a.m., "21st Century Compliance: The Age of AML, The Gatekeeper Initiative, FCPA and other Global Anti-Corruption Efforts"
    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 upcoming meetings.

Please have a productive 2009!

Michael R. Clarke
Chair, Committee on Corporate Compliance
EBI, LLC, d/b/a Biomet Trauma & Biomet Spine
michael.clarke@ebimed.com

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  Committee Leadership Profile
   
Paul E. Mcgreal
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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  Current Awareness
   
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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  Featured Article
   
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.


More...

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