Compliance Services

In today’s corporate climate, no public companies and few private companies can afford to conduct business without an effective compliance and ethics program. Holland & Knight has extensive experience in the development and implementation of comprehensive, enterprise-wide compliance programs. Our approach rests on two foundations:

• our knowledge and experience in helping clients design and implement effective compliance programs that address all laws and regulations to which an organization is subject
• our knowledge of existing business operations and compliance procedures across a broad spectrum of industries

We have integrated compliance programs into both small and large decentralized companies that operate both domestically and globally. We promptly review existing compliance procedures, evaluate potential issues that have not yet been addressed, and prepare summaries and outlines for management.

Pursuant to recent proposals from the United States Sentencing Commission regarding compliance programs, there are now new guidelines for an “effective” compliance and ethics program. These requirements apply to a variety of entities including:

• corporations
• partnerships
• associations
• joint stock companies
• unions
• trusts
• pension funds
• unincorporated organizations
• governments
• nonprofit organizations

It is common practice for publicly held companies to have a compliance program. However, it is equally beneficial for private companies to implement a program, particularly if the business plan provides for a future IPO or acquisition. The elements of this plan should include:

• the establishment of standards and procedures, including conduct and internal controls, to prevent and detect criminal conduct
• formal designation of a person responsible for the “day-to-day” operations of the compliance program; this person will have direct access to the governing authority and adequate resources to perform complete oversight of the compliance and ethics program
• measurable efforts to ensure that personnel with substantial oversight authority have not engaged in illegal activities or in conduct inconsistent with the program
• communication and training of employees, including the governing authority, regarding the compliance and ethics program
  periodic auditing and monitoring, including a review of the programs efficacy and the establishment of a confidential and/or anonymous means for compliance questions and complaints to be raised without fear of retaliation
• consistent enforcement of the program through performance incentives and disciplinary measures
• prompt and appropriate response to criminal conduct, the program must include a periodic criminal conduct risk assessment

Holland & Knight has extensive compliance-related experience in substantive areas of the law that are both industry and risk area focused. We have assisted our clients with developing and delivering compliance training programs that are instructor led, Web-based or blended. In addition, through our in-house investigative consultants, we perform compliance due diligence that extends internationally.