Is Regulation By Enforcement Coming Next?

deregulation

Here’s a hypothetical: What if the Supreme Court’s recent curbs on regulatory power turn out to be a mess for Corporate America? What if those limits lead to more regulation by enforcement? What would the implications be for corporate compliance programs and legal teams?  Those questions are on my mind today thanks to an intriguing…

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Don’t Sweat Chevron’s End Either

So there I was, reading through the U.S. Supreme Court’s recent rulings, when the phone rang. On the other end was my friend the general counsel, who apparently had been doing the same. “Oh man,” he said, launching into a diatribe. “This ruling to overturn the Chevron doctrine is going to be a disaster for…

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Corruption Is Still Corruption, Folks

corruption

Yes, the Supreme Court reached a preposterous conclusion last Friday in Snyder v. United States, when the conservative majority ruled that a “gratuity” that’s plainly part of a corrupt bargain is not a crime under federal anti-corruption law. Anxious corporate compliance professionals, however, should begin by asking a crucial question: Who cares?  Seriously — how…

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Supreme Court Adopts Broken Code

Supreme Court

Oh, joy: the U.S. Supreme Court has adopted its first-ever Code of Conduct. Now we ethics and compliance professionals can pick the document apart, dissecting all the ways that this code would come up short in the corporate world. Like, you want to give the court applause for adopting a Code of Conduct, because the…

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Well, Why Not a Compliance Officer on SCOTUS?

On Saturday evening after news broke that Supreme Court Justice Antonin Scalia had died, I sent out this tweet (entirely in jest): Going to petition Obama Admin to nominate #compliance officer for SCOTUS vacancy. Who's with me? @tfoxlaw @BenDiPietro1, looking at you — Matt Kelly (@compliancememe) February 14, 2016 After all, why not? Everyone talks…

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