Articles | Compliance Week – Page 288
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Feel the Churn: Big 4 Get Squeezed on Audit Engagements
Image: The Big 4 audit firms have lost more audit clients this year than they have gained, and second-tier firms seem to be picking them up. That churn is probably due to a variety of factors, from cost to PCAOB inspection reports to ease of working relationship, but the overall ...
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Global Transparency Failures Endure, Adding Risk
Image: One of the great challenges for U.S. compliance officers as they build global programs is the basic lack of transparency into enforcement information in other countries. Two new reports give a better scope of the problem, even if the picture revealed is not terribly encouraging. “Getting access to information ...
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Don’t Let Bad Culture Short-Circuit Your Training
A compliance training program is only as effective as the corporate culture it stands upon—which means employee cynicism and fear of retaliation need to be addressed first if you ever hope your training program will matter. Inside we look at how CCOs can combat cynicism, even when it takes a ...
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More Questions, and Evidence, on Undisclosed Control Weaknesses
Image: Fresh data from the PCAOB is raising awkward questions about whether companies and audit firms really are disclosing all the weaknesses in internal control over financial reporting that the Sarbanes-Oxley Act requires. PCAOB board member Jeanette Franzel presented the data in a recent speech that should prompt some soul-searching ...
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How Can Compliance Manage Chat Risks? That’s Tough
Image: As the financial sector embraces the speed and efficiency of instant messaging services, compliance officers have a new challenge: how to detect misconduct in real time, not in e-discovery after the fact. Vendors are rushing in with new products; the bad news is that regulators are looking into “chat ...
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Undermined! Court Ruling Chisels Away at Conflict Minerals Rule
Corporate America has won a bit of a reprieve (emphasis on “a bit”) in conflict minerals compliance, thanks to the Aug. 18 court decision barring the SEC from requiring companies to disclose whether they are conflict mineral-free. But the duty to analyze your supply chain remains and, thankfully, this year’s ...
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Learning Lessons for Principled Performance
Image: In the latest installment of the GRC Illustrated series, OCEG outlines the “learn” component in its GRC Capability Model, where companies learn how to observe change, analyze, update strategies, and respond appropriately to any curveballs thrown their way to achieve principled performance.
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More Cyber-Security Guidelines for Govt Contractors
Image: The Obama Administration is considering new cyber-security guidance that would effectively impose stringent new reporting obligations on government contractors. That means more due diligence on third parties, and a review of contract language to see who is responsible for what. “[E]verybody is going to need to get their cyber-house ...
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Unpacking the Reporting Challenge in Patent Boxes
Image: For businesses heavy on intellectual property, “patent boxes” are the new tool in your tax strategy—jurisdictions that offer lower taxes on income flowing from IP. A nifty idea, many say (and one that may hit the United States soon), but the compliance and disclosure hurdles are many. The value ...
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The Global State of the Right To Be Forgotten
More than a year after the EU established is right-to-be-forgotten principle, U.S. compliance professionals in the tech sector probably wish the decision itself could be forgotten, too. France is insisting that the principle be applied worldwide; even before that ever happens, compliance within Europe is laborious and complicated. Our latest ...
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Trying for More Clarity on Work of Audit Specialists
Image: Another question on the way to a better corporate audit: whether audit firms need new rules to scrutinize the work of specialists, crucial players in producing fairly stated financial statements. The PCAOB wants to end confusion over specialists, which should help auditor and client company alike. “If you look ...
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The Current State of SEC Whistleblower Guidance
The SEC’s latest guidance on whistleblower protection, confirming that employees need not report misconduct first to the SEC to win anti-retaliation protections, seems at first glance to be good news for internal compliance programs. For corporations as a whole, less so. Inside, we take a deeper look at the limits ...
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CCOs Playing a Stronger Role in Data Privacy Practices
Image: As data privacy laws proliferate, they are creating a web that traps how corporations use personal data in their operations. The challenge for compliance officers: how to play a more strategic role and ensure your business doesn’t get stuck. “The inclusion of the CCO function in defining controls related ...
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Final Pay Ratio Rule Gives a Few Compliance Breaks
Image: Some good news now that the SEC’s much-maligned pay ratio disclosure rule is here: Companies forced to disclose that comparison of CEO compensation to pay of the median employee might find the final rule less onerous than the original proposal from 2013. “The biggest surprise is that the SEC ...
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FAQs, but Few Answers, on Iran Deal Implications
Image: Questions abound on the U.S.-Iran nuclear deal. Assuming the agreement comes into force, what does that mean for compliance officers? Nothing easy, as your sanctions effort must shift to more complex due diligence efforts. “The sanctions world is moving from an entity-based inquiry to an entity- and activity-based inquiry. ...
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Comment Letter Conversations Get a Bit Easier
Those awkward conversations you have with SEC staff when they comment on your periodic filings? They’re getting easier. The number of comment letter conversations has fallen 50 percent in the last five years, suggesting overall improvement in financial reporting. “Obviously internal controls have gotten better at companies, and that certainly ...
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Taxing Times Ahead on Revenue Standard
Among the many issues companies must address as they adopt the new revenue recognition standard, tax consequences are gaining more attention. The IRS is seeking comment on how burdensome tax reporting might become, and the standard’s fundamental shift in recognizing revenue could make the burden quite heavy. “There’s a lot ...
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SEC Pushes New Limits on Cyber-Security, Securities Fraud
Another byproduct of life in the cyber-security age: The SEC is redefining insider trading to focus more on improper trading, even if you are a thief mining a company for inside information without actually working there. The misconduct—called, yes, “outsider trading”—seems to be an SEC-enforceable offense so far, and it ...
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Refresher Course on Discipline of Good Investigations
Image: The damage wrought by inept internal investigations can go well beyond wasted time and money; they can cause civil litigation, enforcement risk, and bad publicity. This week we have a refresher on principles for good internal investigations, something every compliance officer must know how to do well. “Ninety percent ...
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Small-Company Rules Inch Forward
Congress (and SEC commissioners) routinely complains that the SEC is so focused on churning out overdue rules for compliance with the Dodd-Frank Act, it has neglected to churn out overdue rules on capital formation required under the JOBS Act. In truth, the SEC is likely to move forward with what ...