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Regardless of the industry, companies are concerned with corporate ethics and compliance. As penalties for compliance failures escalate, companies have good reason to invest the resources necessary to develop a compliance program that addresses relevant regulatory areas, establish company-wide guidelines, and prevent and deter conduct that violates law. Successful compliance programs include upper management’s support and oversight, appropriate training, reporting, auditing, and sufficient incentives and disciplinary measures. Now that many organizations have begun to apply the new framework and guidance of the Committee of Sponsoring Organizations of the Treadway Commission (COSO) to their key controls, enterprise risk management and fraud deterrence, the time is ripe to consider how to leverage these controls in litigation.
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