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FCPA Blog Daily News

Entries in Maritza Munich (11)

Wednesday
Aug032016

Donna Boehme: Five signs that Compliance 2.0 is the new normal

Major conferences like Compliance Week 2016 are the perfect venue for witnessing the continuing development of the dynamic and fast-evolving compliance profession.

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Friday
May272016

Hui Chen, Walmart and the Radical Transformation of Compliance?

Blue Marble Photo of EarthIn my last post I discovered the power of images to make a point, like the ribbons of marble floating on air. The Blue Marble, NASA”s image of earth from space, changed how we see the planet, our home.

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Wednesday
Oct212015

Mike Scher on Walmart: We're talking about the future of the compliance profession

The Wall Street Journal reported Monday that the DOJ's three-year investigation of Walmart in Mexico has uncovered little or no evidence of major bribery, and that the case may eventually be resolved without criminal charges and only a fine.

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Monday
Jul282014

Walmart's wall of silence comes tumbling down

The veil of secrecy that the "old" Walmart drew over bribery allegations in Mexico since 2005 is falling apart. One reason is because the "new" Walmart has taken robust compliance initiatives and is more transparent. Another reason is because the Delaware Supreme Court is forcing the world's biggest retailer to open up about the past.

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Thursday
Jul242014

Delaware supremes unanimously affirm Walmart discovery order

The Delaware Supreme Court Wednesday affirmed a lower court order for Walmart to turn over files and documents from an internal FCPA investigation to plaintiffs in a civil shareholder suit.

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Tuesday
Jul222014

Life is tough: In-housers bashed from all sides

In-house lawyers, we said yesterday, are now caught between their duty as advocates on the one hand, and the modern concept of ethics and compliance on the other hand. Talk about a headache.

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Wednesday
Jul162014

Walmart: Final thoughts on a missing witness, and settlement

I've been talking this week about Indiana Electrical Workers Pension Trust Fund IBEW v. Wal-Mart Stores Inc., CA No. 7779-CS, Delaware Chancery Court (Wilmington). My prior posts are here and here.

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Tuesday
Jul152014

Walmart in Delaware: A tale of red flags ignored

At oral argument Thursday in the Delaware Supreme Court, where Walmart is appealing a lower court order to produce internal FCPA investigation files to shareholders, one remarkable exchange indicated that the idea of revising the Caremark standards, which I talked about in my prior post, was squarely on the minds of the justices.

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Friday
Jul112014

Showdown in Delaware: Walmart fights to keep its secrets

Walmart argued Thursday to the Delaware Supreme Court that shareholders aren't entitled to internal documents from an FCPA investigation that might show what executives and directors knew about alleged bribes paid to officials in Mexico.

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Monday
Jun302014

Walmart decision in Delaware could reset compliance roles 

The Delaware Supreme Court will hear oral arguments on July 10 for the Walmart case that I discussed in a recent post on the FCPA Blog. The issue is whether the Walmart board, or certain directors, knew about the alleged bribery and cover up from 2006 until 2012. The court will decide what files should be disclosed or if the case should be dismissed.  

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Monday
Apr212014

Mike Scher has his eyes on Delaware

A pending case -- largely ignored by the compliance profession and the press -- brings before the courts one of the most troubling issues of the Wal-Mart investigation: Was the Wal-Mart Board of Directors misled during 2005-2012 regarding an alleged Mexican bribery scheme and subsequent cover-up? If so, was that due to intentional misconduct by some directors or senior executives reporting to the Board who either participated in or knew about the purported scheme?

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