No criminal charges, but strict liability, big fines, and liability for bribes of private companies as well as public officials. — Under the new rule, there are administrative and judicial sanctions. Fines are between 0.1 percent and 20 percent of a company’s gross revenue from the prior year. If gross revenue is not known, fines are between $3,000 and $30 million. The payment does not exempt a company from paying losses generated to the government as a consequence of its wrongdoings.
Month: April 2014
Working Paper: Culture and Law in Corporate Governance
Amir N. Licht Interdisciplinary Center (IDC) Herzliyah – Radzyner School of Law; European Corporate Governance Institute (ECGI) (March 6, 2014 – European Corporate Governance Institute (ECGI) – Law Working Paper No. 247/2014) –
“Josh Hardy and the #SaveJosh Army: How Corporate Risk Escalates and Accelerates through Social Media”
There is extensive evidence to suggest that social media has fundamentally changed the relationship between corporations and constituents. For example, a 2012 survey by Edelman finds that “listening to customers” for the first time is considered equal in importance to providing a high-quality product or service when it comes to establishing trust.1 Consumers expect to be able to engage with companies through social media, and the vast majority of consumers believe that direct engagement between company and consumer improves brand image.
Nishimura – “Minority Investments in Japanese Publicly Traded Companies”
Acquisitions of minority equity stakes in Japanese publiclytraded companies are attracting greater interest from investors,whether as passive investments, strategic acquisitions, or asfirst-step purchases towards a future business combination….
Former Bridgestone Exec to Plead Guilty to Price-Fixing
A former Bridgestone executive agreed to plead guilty to conspiring to fix prices for auto parts, a day after a grand jury indicted another executive and two former workers.
“GSK, Facing Bribery Claims, Battles to Build New Sales Model”
LONDON, April 17 (Reuters) – ”Drugmaker GlaxoSmithKline – hit by bribery claims in five countries – is to employ hundreds more doctors as members of staff as it seeks to build a new sales model designed to eliminate sharp marketing practices.
Following a decision to cut commercial ties with outside doctors, GSK expects to increase its in-house team of physicians by 10-20 percent over the next year or so from around 1,500 at present, Chief Medical Officer James Shannon told Reuters.
“How to Bribe” by Transparency International
The authors state that the purpose of the publication is to “illustrate how bribes are paid in practice, based on legal cases and realistic experiences.” They go on to describe why they took the time and effort to compile 46 pages of bribery scenarios: “to help individuals and companies anticipate, recognize, avoid and resist bribery.” The authors, based on my experience, accomplish both goals.
http://richardbistrong.blogspot.jp/2014/04/how-to-bribe-by-transparency.html
Comments by the TSE’s Masaki Shizuka on a Possible Corporate Governance Code for Japan
Audience Questions & Answers (at the ICGN Conference in Tokyo in March, 2014)
Q. People have often talked about a code of corporate governance for Japan, and I understand that the LDP has set up a committee to look into developing a single national code for Japan, which we fully support. What is your view on that development?
ICGN Conference in Tokyo, March 2014 – Summary Transcript
ICGN Conference, Tokyo, March 2014; Hosted by Tokyo Stock Exchange & Japan Exchange Group;Endorsed by Financial Services Agency, Ministry of Justice & Ministry of Economic Trade and Industry
‘Building a common language: a new era for company and shareholder dialogue’ (Download full Summary:http://bdti.mastertree.jp/f/1ywnb57c )