We are coming up on the end of the 2018-2019 academic year and, for myself and my fellow 3Ls, graduation! I want to take this opportunity to thank the members of our journal, our authors, our faculty advisers, and our readers for their continued support.
Compliance standards in the United States come from the laws and policies enacted by the government and its related agencies. Administering U.S. standards on foreign institutions, public or private, poses a unique challenge. Our public and private companies are held accountable by federal, state, local, or agency rules, as well as the guidelines providedby the United States Sentencing Commission. But foreign organizations, in theory, have no real obligation to follow our lead. There have been several notable attempts in recent years to enact legislation on foreign organizations and impose sanctions for noncompliance, and it is likely a continuing trend as the compliance industry grows.
Large companies generally have well established programs and systems in place to remain compliant with ever-changing regulations within their industry. But at a time when the percentage of job seekers starting their own businesses is at a recent high, young firms and start-ups are at a disadvantage when it comes to compliance, having to build a system from the ground up. In order to have an effective compliance program, an organization must “exercise due diligence to prevent and detect criminal conduct” and must establish and maintain an organizational culture that “encourages ethical conduct and a commitment to compliance with the law.” Thus, management not only has to focus on structure, but also culture in building their compliance systems.
In January 2018, Warren Buffet, Jamie Dimon, and Jeff Bezos announced that Berkshire Hathaway, JP Morgan Chase, and Amazon would partner together to form a non-profit company aimed at improving the United State healthcare system and combating ever-increasing costs. The idea for the project came about from the ongoing discussion between the three CEOs regarding providing healthcare for their, collectively, approximately 840,000 employees. Even though details are scarce, given the importance of the issue and the prominent names attached to this project, the press, the public, and the market have reacted accordingly. In other words, people are scrambling to figure out what this might mean for their companies and our healthcare system as a whole.
On October 26, 2017, the United States government released files relating to the assassination of President John F. Kennedy and the investigation that followed. The majority of the documents generated by the investigation – about 88% of all FBI, CIA, and other agencies’ files – have been available for years, but the rest of the documents were due to be released this year. On the recommendation of the investigatory agencies, President Trump decided to keep some of this remaining information redacted due to “national security, law enforcement, and foreign affairs concerns.” Speculation as to the contents of these documents and the reasons for redacting secure information have renewed a continuing discussion about what information the public should be privy to and how this information can be accessed.
On September 7, 2017, the credit bureau Equifax announced a giant security breach affecting the personal information of approximately 143 million US consumers, as well as thousands of consumers overseas. With numerous lawsuits piling up against the company and almost half of our nation’s population at a significant increased risk of identity theft, Americans are left wondering why this happened, how it could have been prevented, and what will become of Equifax and our credit reporting systems.
On August 30, 2017, Trump signed Proclamation 9632 declaring September 2017 as National Preparedness Month, encouraging “all Americans… take action to be prepared for disaster or emergency by making and practicing their plans,” also citing that fewer than half of American families report having an emergency response plan. While it is important to have a disaster plan in place for your family to take care of their physical needs, it is also vital to be prepared for the possibility of scams and fraudulent activity in the wake of a natural disaster such as Hurricane Harvey.