As in-house counsel are often the ones starting an internal investigation, they need to be mindful of the same issues that appear when outside counsel are conducting an internal investigation. I wrote about the referral for discipline in the Ruehle case and the malpractice claim in Pendergast-Holt investigation in Attorney-Client Privilege and Internal Investigations. It […]
In the world of compliance, you may sometimes wonder if that code of ethics really works. Lisa L. Shu, Francesca Gino, and Max H. Bazerman presented their research that a code of ethics really can reduce bad behavior: Dishonest Deed, Clear Conscience: Self-Preservation through Moral Disengagement and Motivated Forgetting. Their studies provided evidence that morality […]
The American tax system is a good test case for cheating. We know it’s good to pay taxes because the government does lots of good things for us. At the same time, we have a selfish desire to pay as little in taxes as possible. Our tax returns are self-reporting for our income and characterization […]
We live in an age of white-collar villains. But of all the financial bad guys out there, Marc Dreier is arguably the single greatest character of them all. Bernie Madoff may have stolen more money. Dick Fuld may have caused more systemic damage. But it’s Dreier alone whose story reads like the stuff of Hollywood. […]
What better way to launder money than with an actual washing machine? Law enforcement in Dover, England broke up an international money laundering racket. They found £600,000 stuffed inside a washing machine that had come from the Port of Dover. Money Laundering by Simon Hughes in The Sun
The Open Compliance and Ethics Group has released the second version of its Red Book about compliance models. OCEG’s Red Book 2.0 provides a guide for implementing and managing a GRC system or aspect of that system. That means Governance, Risk, and Compliance. Red Book 1, which came out in 2005, focused on “getting the […]
Two cases illustrate some of the problems with the use of outside counsel for internal investigations. The possibility that a conflict of interest could arise when an attorney or law firm simultaneously represents an organization and one or more of its officers or directors is a recurring issue. A ruling earlier this month by U.S. District […]
Ethisphere has published its collection of 2009 World’s Most Ethical Companies. Twenty companies dropped off the 2008 list and 25 new ones were added, leaving a list of 99 companies. Who caught my eye was Jones Lang LaSalle, a real estate company (one of my company’s business relationships) who was back on the list again. […]
We all need some help if we want to get to our destination. I was struck by Kacie Kinzer’s experiment using this “tweenbot” in New York City. “Tweenbots are human-dependent robots that navigate the city with the help of pedestrians they encounter. Rolling at a constant speed, in a straight line, Tweenbots have a destination […]
I often hear the challenge of using the social internet as struggling with the balance of social (or personal) information and professional information. This never seemed to frame the issues correctly for me. Was it really one or the other? So I started thinking about the 4 Ps: Personal, Private, Professional, and Public. These seemed […]
- Compliance Bricks and Mortar for the July Fourth Weekend
- How to Allocate Broken Deal Expenses After the KKR Case?
- Allocation of Broken Deal Expenses
- SEC Loosens the Standards in Trade Monitoring
- Can a Real Estate Fund Manager Be a Venture Capital Fund Manager?
- Compliance Bricks and Mortar for June 19
- I Ask For Your Money
- The SEC Goes After the Gate Keeper
- Whistleblower Retaliation
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Dodd-Frank’ed Real Estate
- Yes, the SEC Wants Real Estate Fund Managers to Register
- Are Real Estate Fund Managers Registered with the SEC?
- Are you an Investment Company?
- Real Estate Funds and the Investment Company Act
- Are you an Investment Adviser?
- Custody and Private Funds
- Private Equity Real Estate Top 50 – 2015 Edition of Who is Registered