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Foreword: Twenty-Eighth Annual Corporate Law Symposium: Rethinking Compliance, Felix B. Chang May 2016

Foreword: Twenty-Eighth Annual Corporate Law Symposium: Rethinking Compliance, Felix B. Chang

Faculty Articles and Other Publications

The University of Cincinnati College of Law devoted its 28th Annual Corporate Law Center Symposium to compliance. It was a timely choice, coinciding not only with an explosion of sector regulation in recent years but also with shifting market realities for legal employment and legal education. The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) and the Patient Protection and Affordable Care Act are two prominent examples of major legislation that has added—and will continue to add—to compliance obligations for broad swathes of industries. Meanwhile, the financial crisis has spurred profound transformations in legal employment, including cutbacks in entry …


“Oversight Of The False Claims Act” Testimony By Professor Larry D. Thompson Before The U.S. House Of Representatives Judiciary Subcommittee On The Constitution And Civil Justice, Larry D. Thompson Apr 2016

“Oversight Of The False Claims Act” Testimony By Professor Larry D. Thompson Before The U.S. House Of Representatives Judiciary Subcommittee On The Constitution And Civil Justice, Larry D. Thompson

Presentations and Speeches

Sibley Professor in Corporate and Business Law Larry D. Thompson testifies in a U.S. House of Representatives Judiciary Subcommittee on the Constitution and Civil Justice hearing on “Oversight of the False Claims Act.” The purpose of the hearing was to examine the act’s success and seek ways “to prevent, detect and eliminate false claims costing taxpayer dollars, while ensuring fair and just results.”


Justice Or Just Between Us? Empirical Evidence Of The Trade-Off Between Procedural And Interactional Justice In Workplace Dispute Resolution, Zev Eigen, Adam Seth Litwin Jan 2016

Justice Or Just Between Us? Empirical Evidence Of The Trade-Off Between Procedural And Interactional Justice In Workplace Dispute Resolution, Zev Eigen, Adam Seth Litwin

Adam Seth Litwin

In this article, the authors examine the relationship between an employer’s implementation of a typical dispute resolution system (DRS) and organizational justice, perceived compliance with the law, and organizational commitment. They draw on unique data from a single, geographically expansive, U.S. firm with more than 100,000 employees in more than 1,000 locations. Holding all time-constant, location-level variables in place, they find that the introduction of a DRS is associated with elevated perceptions of interactional justice but diminished perceptions of procedural justice. They also find no discernible effect on organizational commitment, but a significant boost to perceived legal compliance by the …


World Tours And The Summer Olympics: Recent Pitfalls Under The Foreign Corrupt Practices Act In The Areas Of Gifts, Entertainment, And Travel, Jon Jordan Jan 2016

World Tours And The Summer Olympics: Recent Pitfalls Under The Foreign Corrupt Practices Act In The Areas Of Gifts, Entertainment, And Travel, Jon Jordan

Fordham Journal of Corporate & Financial Law

In the spring of 2015, the United States Securities and Exchange Commission brought two significant Foreign Corrupt Practices Act cases involving gifts, entertainment, and travel. The SEC brought the case of In the Matter of FLIR Systems involving FCPA violations concerning the financing of a “world tour” of personal travel for government officials. The SEC then filed the case of In the Matter of BHP Billiton involving FCPA violations concerning the sponsored attendance of foreign officials at the 2008 Summer Olympics in Beijing. These landmark cases affirm previous guidance by the Securities and Exchange Commission and the United States Department …


The Changing Face Of Corporate Compliance And Corporate Governance, Sean J. Griffith, Steve Thel, Miriam Baer, Geoffrey P. Miller, Gerald Manwah, Stuart Breslow, Alan Cohen, Martin Grant, Henry Klehm Iii, Allen Meyer, Thomas C. Baxter Jr. Jan 2016

The Changing Face Of Corporate Compliance And Corporate Governance, Sean J. Griffith, Steve Thel, Miriam Baer, Geoffrey P. Miller, Gerald Manwah, Stuart Breslow, Alan Cohen, Martin Grant, Henry Klehm Iii, Allen Meyer, Thomas C. Baxter Jr.

Fordham Journal of Corporate & Financial Law

We are pleased to present this Symposium on the revolution in corporate compliance and its evolution in the financial services industry. This is the annual symposium hosted by the Fordham Journal of Corporate & Financial Law on significant topics in the realm of business law.

The format of the symposium is as follows. It begins with an introduction by Professor Sean Griffith, followed by edited transcripts of the two panel discussions and the keynote address.

The first panel is “Revolution: Challenging Corporate Norms?” and addresses the question of whether the revolution in corporate compliance challenges the established norms of corporate …


Who Let The Lawyers Out?: Reconstructing The Role Of The Chief Legal Officer And The Corporate Client In A Globalizing World, Constance Bagley Dec 2015

Who Let The Lawyers Out?: Reconstructing The Role Of The Chief Legal Officer And The Corporate Client In A Globalizing World, Constance Bagley

Constance E. Bagley

In the wake of the collapse of Lincoln Savings and Loan in  1989 and again after the implosion of Enron and WorldCom in 2001, Judge Stanley Sporkin famously asked, “Where were the lawyers?” Section 307 of the Sarbanes-Oxley Act of 2002 imposed new duties on in-house counsel to report up violations of law.  Yet, we still had the LIBOR and foreign-exchange rigging scandals, which had, by 2015, led to multi-billion dollar settlements and fired bank CEOs in England and Germany; rampant insider trading by hedge funds and corporate titans; the subprime mortgage crisis; the option backdating scandals; and massive recalls …