esade

Global Corporate Compliance (2235.YR.004670.1)

General information

Type:

OPT

Curs:

1

Period:

S semester

ECTS Credits:

3 ECTS

Teaching Staff:

Group Teacher Department Language
Year 1 David Jesus Velazquez Vioque Derecho ENG

Prerequisites

No specific prerequisites or incompatible elements.

Previous Knowledge

No previous knowledge required

Workload distribution

The subject will be classroom-based, with students'participation and debates over the main current trends and case law

COURSE CONTRIBUTION TO PROGRAM

- Provide overview of legal and compliance differences between the US, the UK and the EU/Spain
- Prepare students to be strong governance/ compliance issue spotters to manage legal and reputational risks for their corporate clients
- Corporate law and governance philosophies & principles generally (US vs UK vs Spain/Europe) shareholders and stakeholders
- Introduction to the Entity Deputization approach to questions of corporate governance, monitoring and compliance matters
- Consideration of corporate anti-bribery/corruption requirements as key illustrative example of modern compliance and governance efforts: laws, regulations and recognized best compliance practices (consideration of the US vs the UK approach and how it affects Europe).

Course Learning Objectives

- Describe the modern multinational corporation's approach to managing corporate governance and compliance matters and how legal risk management of private and public enforcement is fundamental

CONTENT

1. GLOBAL CORPORATE COMPLIANCE: CONTENTS

1) Introduction to an Anticorruption compliance program
2) Anticorruption. FCPA and UKBA cases
3) Compliance tools (I): Whistleblowing hotlines
4) Compliance tools (II): Investigations and labor law issues
5) Compliance tools (III): Compliance function and culture of compliance
6) Risk assessment and internal policies
7) Compliance as a corporate defense
8) Focus topics (I): Bidding procedures. Administrative and competition law
9) Focus topics (II): M&A and compliance. Successor liability
10) Case studies (I): DPAs and NPAs
11) Case studies (II): How to implement a compliance system
12) Case studies (III): How to monitor and review a compliance system

2.

Methodology

- Lectures and in-class discussions

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Exam 70
in-class participation 30

Assessment criteria

- 30% in-class participation and 70% exam

Bibliography

- U.S. Department of Justice Evaluation of Corporate Compliance Programs (2023)
- "The compliance function: an overview?, 11-2014, Geoffrey Miller, NYU School of Law
- The Domains of Corporate Counsel in an Era of Compliance, American Business Law Journal, Vol. 53, 2, 203-249, Summer 2016
- A Resource Guide to the U.S. Foreign Corrupt Practices Act


Readings (additional) short articles will be provided before the start of class.



Timetable and sections

Group Teacher Department
Year 1 David Jesus Velazquez Vioque Derecho

Timetable Year 1

From 2023/9/20 to 2023/9/27:
Each Wednesday from 15:00 to 17:30.

From 2023/10/18 to 2023/11/8:
Each Wednesday from 8:00 to 11:00. (Except: 2023/10/18, 2023/10/25 and 2023/11/1)
Each Wednesday from 15:00 to 17:30. (Except: 2023/11/1 and 2023/11/8)

From 2023/11/8 to 2023/11/22:
Each Wednesday from 17:30 to 20:30. (Except: 2023/11/15 and 2023/11/22)
Each Friday from 11:45 to 14:15. (Except: 2023/11/17)
Each Wednesday from 15:00 to 17:30.

Wednesday 2023/12/20 from 15:00 to 17:30.

Friday 2024/3/15 from 10:00 to 12:30.