Friday, June 10, 2022
Why Transactional Lawyers Need to Educate Themselves on Compliance
Prior to joining academia, I served as a compliance officer for a Fortune 500 company and I continue to consult on compliance matters today. It's an ever changing field, which is why I'm glad so many students take my Compliance, Corporate Governance, and Sustainability course in the Fall. I tell them that if they do transactional or commercial litigation work, compliance issues will inevitably arise. Here are some examples:
- In M&A deals, someone must look at the target's bribery, money laundering, privacy, employment law, environmental, and other risks
- Companies have to complete several disclosures. How do you navigate the rules that conflict or overlap?
- What do institutional investors really care about? What's material when it relates to ESG issues?
- What training does the board need to ensure that they meet their fiduciary duties?
- How do you deal with cyberattacks and what are the legal and ethical issues related to paying ransomware?
- How do geopolitical factors affect the compliance program?
- Who can be liable for a compliance failure?
- What happens when people cut corners in a supply chain and how can that affect the company's legal risk?
- What does a Biden DOJ/SEC mean compared to the same offices under Trump?
- Who is your client when representing an organization with compliance failures?
- and so much more
I'm thrilled to be closing out the PLI Compliance and Ethics Essentials conference in New York with my co-panelist Ben Gruenstein of Cravath, Swaine, & Moore. It's no fun being the last set of presenters, but we do have the ethics credits, so please join us either in person or online on June 28th. Our areas of focus include:
- Risk assessment, program assessment, and attorney-client privilege
- Ethical obligations for lawyers and compliance officers
- Which compliance program communications can (and should) be privileged?
In addition to discussing the assigned issues, I also plan to arm the compliance officers with more information about the recent trend(?) of Caremark cases getting past the motion to dismiss stage and compliance lessons learned from the Elon Musk/Twitter/Tesla saga.
Here's the description of the conference, but again, even if you're not in compliance, you'll be a better transactional lawyer from learning this area of the law.
Compliance and ethics programs are critically important to the success of any organization. Effective programs allow organizations to identify and mitigate legal risks. With an increasingly tough enforcement environment, and greater demands for transparency and accountability, an effective compliance program is no longer just “nice-to-have.” It’s essential.
Whether you are new to the area or a seasoned compliance professional, PLI’s program will give you the tools you need to improve your organization’s compliance program. We will review the principal elements of compliance programs and discuss best practices and recent developments for each. Our distinguished faculty, drawn from major corporations, academia, law firms and the government, can help you improve your program, increase employee awareness and decrease legal risk. Compliance and Ethics Essentials 2022 is highly interactive and includes case studies, practical tools and real-time benchmarking.
What You Will Learn
- Designing and conducting effective compliance risk assessments that enhance your program
- Structuring your program for appropriate independence and authority
- The evolving role of the board
- ESG and your compliance program
- Using data analytics to improve your program
- Encouraging reporting and investigating allegations of wrongdoing
- Best practices in compliance codes, communications, training and tools
- Ethics for compliance professionals
Who Should Attend
If you are involved in any aspect of corporate compliance and ethics as in-house counsel, a compliance and ethics officer, human resources executive, outside counsel, or risk management consultant, this event should be on your annual calendar.
Special Feature: Special luncheon presentation with guest speaker
If you do come to the conference, I would love to grab a cup of coffee with you, so reach out.