Articles | Compliance Week – Page 302
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More Hints on Audit Report 2.0
New international requirements for an expanded audit report are providing a teaser for what the United States should expect in coming years. The new international standard is modeled on an earlier U.K. version, and it’s similar to a proposal expected from the PCAOB this year. The details differ, but the ...
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OECD Updates Views on Governance
The OECD has received an earful about proposed revisions to its principles of corporate governance, guidelines it encourages countries to adopt much the way they already follow its principles for anti-corruption. Some say the revisions dwell too much on company-level reforms, and not enough at the country-level to allow flexible ...
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Cracking Open the Cuba Market
Image: U.S. companies eager to do business in Cuba face a long road in front of them, including a bewildering maze of compliance reviews and certifications before they can transact one dollar of trade. Revival of banking processes alone will be subject to a “blindingly deep amount of regulation and ...
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Smarter Assessments of Cyber-Risk
Image: Every compliance and audit executive wants to manage cyber-security risks. That assumes, however, that the whole organization agrees on what a cyber-security risk is. Taxonomies do exist to build a more disciplined approach to cyber-security. Try to take all steps to manage all such risks, and “it’s going to ...
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Focus on Equity Pay Plans This Proxy Season
Image: Worry over say-on-pay votes is out this proxy season; all the cool kids will be stressing over equity compensation plans instead. Proxy advisory firms are promising new levels of scrutiny for equity plans. “Companies have to be flexible because there are so many more moving parts to the methodology,” ...
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COSO Tacks Toward Cyber-Security
As cyber-security works its way onto the corporate board agenda, COSO is suggesting ways that its frameworks for internal control and risk management can be a starting point for companies to anticipate fast-emerging risks. “Just as the board is responsible for enterprise risk management, this is very similar,” says Mike ...
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How M&A Due Diligence Goes Wrong
According to data compiled by Bloomberg, $390 billion in merger deals fell apart last year. M&A plans can collapse for many reasons, from regulatory disapproval to clashing CEO egos. Most painful, however, is a deal is consummated quickly that later proves to be a mistake—thanks to poor due diligence. Inside, ...
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Meeting the World Bank in Enforcement Actions
When the Justice Department settled corruption charges against Alstom SA in December, it did not require a compliance monitor—because Alstom already had one, appointed by the World Bank. How does the bank’s integrity office work? What risks do you have? Lots. “You can be a perfect company today, but if ...
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Why Wait for SEC? The DIY Disclosure Review
While companies await results of the SEC’s ongoing review of its disclosure regime (hint: do not hold breath), they can just as well try the same at home. Creating a disclosure committee, cutting redundancy in 10-K risk factors and MD&A sections, spotlighting material information, and using charts and graphs are ...
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FCA’s Reach, Power Only Get Bigger
Image: 2014 was a banner year for enforcement of the False Claims Act, with more civil fines and damages than ever before—but the penalty amounts aren’t what should alarm companies; the growing list of industries in the government’s crosshairs is. “Virtually any industry that does business with the federal government ...
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FTC, FDA Take Closer Look at Disclosures
The Federal Trade Commission is cracking down on companies with questionable advertising disclosures. The Food and Drug Administration, meanwhile, may allow shorter lists of side effects in drug and medical device ads, even as it prepares tougher standards for how these companies use online advertising and social media. The focus ...
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Assessing Your Digital Marketing Risk
Internal auditors with not enough to do, cheer up: Digital marketing risk is emerging as a new headache to keep you busy. Data theft and fraud are rampant, and ways to find and seal up those weaknesses aren’t entirely clear. “It’s a newer area,” says Bill Michalisin of the Institute ...
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NLRB Push Forces Rethinking of Social Media Policies
Through numerous rulings last year, the National Labor Relations Board reshaped the boundaries of acceptable social media policies companies can impose on employees. The result: an unsettling world where, yes, employees might be allowed to curse a manager or to use corporate e-mail to raise pro-union sentiments. Compliance officers might ...
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Latest PCI Standard Pushes Toward Risk Management
Image: Version 3.0 of the PCI Data Security Standard goes into effect this month—and maybe, just possibly, it will strengthen companies’ discipline against credit card data theft. The new standard prods companies to approach security as a continuous risk monitoring duty. “You can’t have smooth implementation until you start to ...
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Lessons to Learn From the Alstom Fiasco
The record $772 million criminal penalty reached between the Justice Department and French power and transportation giant Alstom is yet another real-life example of corporate governance gone haywire. Abounding with cover-ups and an overall lack of due diligence, “The Alstom case is the antithesis of the hallmarks of an effective ...
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XBRL Filing Frustrations Tilting Toward Resolution
Image: Good news for companies weary of the unfulfilled promises around publishing financial data using XBRL: Events are looming that promise either to halt the march toward XBRL compliance or finally shove its usage forward. “XBRL is not working,” says Hudson Hollister of the Data Transparency Coalition. “Instead of getting ...
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Preparing for Pay Rules, Privacy, and a New Congress
The SEC is likely to spend 2015 churning through as much rulemaking for the Dodd-Frank Act as it can, never mind being years behind schedule on that front. To complicate matters for the agency, Congress is also likely to try repealing some parts of the law even before the SEC ...
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T&E Controls That Won’t Get You Busted
Image: Title: TillenThe SEC set the compliance community buzzing in December with two FCPA enforcement actions that hinge on improper travel and entertainment spending—an offense historically seldom seen in FCPA enforcement. Usually, “T&E abuses are add-on charges to an enforcement action involving a larger pool of improper activity,” says James ...
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Better Ways to Test Banks’ Stress
Image: Title: KraynThe banking world will start 2015 with another bout of hand-wringing over stress tests. Critics question whether the tests probe what truly makes large banks a threat to the financial system, and banks know they must somehow use technology to streamline the annual exercise. “Throwing people at the ...
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More Cooperation, More Whistleblowing, More Prosecution
Image: Title: Berland2015 may be the year when overseas regulators hit their stride in prosecuting companies for misconduct, as tactics get more sophisticated and investigations come to fruition. In the United States, enforcement stemming from whistleblowers will be at full speed and pressure to cooperate with prosecutors will be high. ...