Emory Corporate Governance and Accountability Review

Volume 4Issue 1
The Effectiveness of Corporate Compliance Programs: Questions Posed to Two Top Litigators

Corporate Compliance Programs: Pretext or Panacea?

Justin S. Brooks | 4 Emory Corp. Governance & Accountability Rev. 1 (2016)

Justin S. Brooks’ article discusses the effectiveness of corporate compliance programs and factors characterizing well-designed ones. The article explains that mandates to maximize profits for shareholders can encourage bad behavior by officers and directors but that countervailing factors encourage the development and implementation of effective compliance programs. In response to specific questions posed, the author explains that: (1) corporate compliance programs can both weed out non-meritorious or frivolous complaints and facilitate internal and external reporting of meritorious evidence of misconduct; (2) corporate compliance programs sensitize employees to the fact that wrongdoing is plausible, but written directives, communications, and training by management can cause employees to believe that particular conduct is appropriate or in keeping with company policy when such conduct is—in fact—unlawful; and (3) effective corporate compliance programs incorporate the principles of communication, responsiveness, and transparency.

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Do Corporate Compliance Programs Really Prevent Corporate Wrongdoing? Of Course They Do!

John T. Boese | 4 Emory Corp. Governance & Accountability Rev. 9 (2016)

For over 30 years since leaving the Justice Department in 1977, Mr. Boese has represented corporate and institutional defendants in civil and criminal fraud investigations and lawsuits in various industries. Initially defending those in the defense industry, Mr. Boese’s practice evolved into representing many for-profit and non-profit hospitals and other healthcare companies, as well as companies in the oil and gas, import/export, insurance, and financial services industries. His particular area of expertise is defending False Claims Act lawsuits, which led him into internal investigations, corporate criminal defense, and resolution of ancillary agency suspension, debarment and exclusion proceedings arising from these criminal and civil investigations and litigations. This has included developing corporate compliance programs and advising compliance officials, primarily in the defense and healthcare industries. Mr. Boese has personally witnessed the adoption and growth of corporate compliance programs and is a frequent lecturer on this topic to university and trade groups.

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