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    Oct. 23, 2024

John Deere Settlement: M&A Integration, Commercial Bribery and Compliance Remediation

The recent settlement between Deere & Company, which does business as John Deere (Deere), and the SEC shows that failing to integrate a newly acquired subsidiary can create significant risk. In this second article of a two-part series unpacking the Deere settlement, we discuss the lessons it offers for post-acquisition integration, the SEC’s focus on Deere’s commercial bribery and how the company remediated its compliance issues. The first installment examined the internal controls failures that allowed Deere’s subsidiary in Thailand to entertain Thai officials at massage parlors and send them on European vacations. See “Safe Harbor Policy Seeks to Encourage Self-Reporting of Issues in M&A Transactions” (Oct. 11, 2023).

Recent Developments in Colombian Compliance Expectations

Colombia has a corporate compliance and transparency environment that can catch some multinational companies unawares. A strong compliance program is legally required, and those requirements can be strict, particularly with regard to gift-giving. There are new lobbying and whistleblower regulations on the horizon as well. The first article of this two-part series on Colombia’s enforcement environment reviewed recent changes to the anti-corruption laws and analyzed a 2024 decree on self-disclosure incentives. This second part examines important aspects of doing business in Colombia, such as the rules on compliance program structure, gifts and facilitation payments, as well as a whistleblower protection law in the works. See “Latin American Corruption in the Crosshairs of the Biden Administration” (Apr. 14, 2021).

What CCOs Should Know About the DOJ’s Efforts to Curtail Criminal Use of AI

The DOJ is alert to how artificial intelligence (AI) can supercharge crime. Earlier this year, Deputy Attorney General Lisa Monaco said AI adds danger to existing offenses, warranting tougher penalties, and noted the DOJ’s use of the technology to fight crime along with new projects in which experts would advise on the DOJ’s responsible use of AI. The DOJ also updated its Evaluation of Corporate Compliance Programs in late September, with passages instructing prosecutors to consider a company’s AI use and management of its risks. This article examines the DOJ’s recent moves regarding AI, with insights from Paul Weiss partner John Carlin about the effects AI can have on crime, its detection and corporate compliance. See our three-part series with answers to top questions about the E.U. AI Act: “Reach and Unique Requirements” (May 22, 2024), “Risk Tiers and Big-Player Transparency” (Jun. 5, 2024), and “Practical Steps and What’s Next” (Jun. 19, 2024).

How Energy Companies Can Manage Heightened Anti-Corruption Risk

Energy is perhaps one of the highest risk industries when it comes to bribery and corruption. Energy companies, especially in the oil and gas sector, typically work across widespread geographies and need to maintain frequent contacts with government officials in numerous nations. They often must operate via intermediaries based in foreign countries to help run their operations there. This article distills insights – shared by Morgan Lewis partners John Pease and Christopher Warren-Smith in a recent firm webinar – on how energy companies can navigate anti-bribery laws internationally. See “Trafigura Settlement Forms Part of DOJ’s Years-Long Oil Scheme Probe” (Apr. 24, 2024).

FTC Signals Stricter Children’s Enforcement in NGL Labs Settlement: Compliance Lessons

The Federal Trade Commission (FTC) introduced novel requirements around online services to individuals under 18 in its recent settlement with NGL Labs. Given the egregious missteps by NGL Labs, it may be tempting for companies to overlook this case as an outlier, but it offers some notable takeaways. This second installment of a two-part article series on the significant aspects of the NGL Labs case covers the FTC’s application of the substantial injury standard, enforcement coordination trends and compliance lessons, with insights from Alston & Bird, Covington & Burling, Hunton Andrews Kurth, Orrick and ZwillGen. Part one examined key violations and settlement terms, as well as what the resolution signals about the FTC’s children’s privacy enforcement. See “Fostering Collaboration and Communication Between Security and Compliance” (Mar. 27, 2024).

Investigations, Compliance Partner Joins Potomac Law Group

Potomac Law Group has announced that investigations and compliance lawyer Daanish Hamid has joined the firm as a partner in Washington, D.C. He arrives from global law firm Rimôn.

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Spotlight on Trailblazing Women

To mark International Women’s Day 2024, women editors and reporters of ION Analytics interviewed outstanding women in the industries and jurisdictions we cover. In this part, Jill Abitbol, Managing Editor of the Cybersecurity Law Report and Anti-Corruption Report, features notable women in data privacy, cybersecurity, white collar defense, compliance and anti-corruption law, including Christina Montgomery, Leslie Shanklin, Palmina Fava, Alexandra Ross and Lucinda Low. Enjoy reading their inspiring remarks here.