Compliance and Corporate Governance
The Compliance and Corporate Governance Group has a long history of developing robust compliance programs for its corporate clients that help protect the company from running afoul of regulatory or employment law requirements. In the current enforcement climate, it has become increasingly common for organizations and executives to be targeted in criminal or civil regulatory investigations stemming from a company’s failure to have a strong compliance program in place.
Our attorneys, which include former Department of Justice prosecutors and in-house counsel, represent companies and organizations in conducting risk assessments and compliance reviews, designing and conducting regulatory and workplace training, drafting policies and codes of conduct, and developing and managing third-party due diligence programs and processes. We also advise boards and senior management on matters ranging from corporate structure to fiduciary obligations, as well as develop compliance and ethics programs as recommended under the Federal Criminal Sentencing Guidelines and as required by Sarbanes-Oxley.
AREAS OF CONCENTRATION:
Corporate Governance Advice
Our attorneys have advised boards and senior management on corporate governance matters ranging from corporate structure to fiduciary obligations. We have also developed compliance and ethics programs as recommended under the Federal Criminal Sentencing Guidelines and as required by Sarbanes-Oxley, and conducted training mandated by the Federal Criminal Sentencing Guidelines for an effective Compliance & Ethics Program.
Data Security and Privacy Compliance
We provide compliance counseling to corporate clients and law firms on a wide variety of data security and privacy statutes and standards (e.g., Health Insurance Portability and Accountability Act and The Computer Fraud and Abuse Act), assist them with information security risk assessments, and advise on risk management.
Employment Law Compliance
We provide assistance to businesses who wish to ensure compliance with state and federal employment laws, including conducting workplace audits of personnel policies and procedures, drafting employment contracts and severance agreements, non-competition agreements, leave policies, and employee classifications under the Fair Labor Standards Act, California Labor Code and California Wage Orders. In addition, we provide training in the employment law area, including on workplace issues relating to anti-discrimination, anti-harassment, whistleblower protection, ethics, conflict resolution, diversity, hiring practices, and investigations.
Attempting to navigate the myriad of U.S. trade compliance laws and regulations can be a challenge for companies subject to them. We have the expertise to help navigate these waters by developing strong trade compliance programs and processes.
This work focuses on export controls arising from the Arms Export Control Act, the Export Administration Act, the International Emergency Economic Powers Act, the Directorate of Defense Trade Controls, the International Traffic in Arms Regulations, the Bureau of Industry and Security regulations, and the Export Administration Regulations, as well as on economic sanctions and embargoes regulated by the Office of Foreign Assets Control, and customs laws ranging from tariff classifications and customs valuation to country-of-origin requirements.