In this podcast series, I have used the current Broadway performance by Glenda Jackson as King Lear to introduce several compliance topics. Today, I want to discuss the role of The Fool. Initially I should note that the actor who played it, Ruth Wilson, also played Cordelia; which in and off itself is rather amazing. The Fool did well to speak truth to power during the play and Wilson was excellent in both roles.
Wilson’s performance as The Fool added a shading of interpretation that certainly works. It also informs today’s review topic which is who was the fool and who was the criminal in one of the most notorious acquisitions in recent memory, the Hewlett-Packard (HP) acquisition of the UK company Autonomy. The matter is now on trial in London, it being the largest UK civil trial in history with HP claiming some $5 billion in damages. The former Autonomy CEO Mike Lynch is in the dock as he will be in the US when his criminal case goes to trial sometime after the conclusion of this civil action.
The trial began last month and the fireworks have already started, with HP claiming Lynch and his former CFO engaged in massive fraud; the trial judge asking HP what accounting standards they used to evaluate HP and Lynch basically saying HP dropped the ball completely in both the acquisition and after closing for a variety of reason. Based upon all of this tomfoolery I thought a review of HP actions was warranted today.
Perhaps the simple truth is that everyone involved in this matter was a Fool.
Day: April 12, 2019
APRIL 12, 2019 BY TOM FOX
In today’s edition of Daily Compliance News:
- Uber is under FCPA investigation. (FCPA Blog)
- Did you break the rules? Just rewrite them in your favor. (Wall Street Journal)
- Apple requires supply chain compliance re: climate warming emissions. (Washington Post)
- Halloween comes early this year for the UK. (New York Times)
After a week hiatus, the lads are back. While debating white privilege and the Varsity Blues scandal, they also take a look at some of this week’s top compliance and ethics stories which caught their collective eyes this week.
- Guilty pleas begin in the Varsity Blues scandal. Antonio Blumberg report in the Huffington Post. For those who did not plead guilty, additional charges filed. Melissa Korn reports in the Wall Street Journal. Jay interviews Justin Paperny about the Varsity Blues sting, in Corporate Compliance Insights. For one of the best and fullest explanations of the white privilege component, see Caitlan Flanagan’s article in The Atlantic.
- Does your company lack integrity? Mike Volkov gives 5 signs which show it does, on Corruption, Crime and Compliance.
- Standard Chartered joins the $1 bn fine club. Emily Flitter reportsin the New York Times. Jon Rusch takes a deep dive in Dipping Through Geometries.
- What is the intersection of DD and AI? Merritt Smith considers in the FCPA Blog.
- OFAC enforcement action demonstrates need for pre-acquisition due diligence? Lawyers from Paul, Weiss in the NYU Compliance and Enforcement Blog.
- What is ethical AI? Tom Austin explores on the Analyst Syndicate.
- What are the shifting reasons for FCPA enforcement? Kevin Keller on the Global Anti-corruption Blog.
- What are the risks to investors in Uber? Shannon Bond reports in the Financial Times. (sub req’d)
- This week Tom explores the intersection of Shakespeare and Compliance through the lens of King Lear. Check out the following: Part 1-Innovation;Part 2– Changing Your Focus; Part 3– Engaging Your Audience; Part 4-a Different Interpretation; and Part 5-The Fool.The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Panoplyand YouTube. The Compliance Podcast Network is now also on Spotify and Corporate Compliance Insights.
Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.
For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.
What if compliance training didn’t have to be boring? Joining us on this episode is Andrew Rawson, the Chief Learning Officer for Traliant, a compliance training company. Today we’re talking about the future of compliance training: how to make it truly effective, useful, and even fun.
The importance of training
The last couple of years have seen the intersection of two seismic forces that have created tremendous demand for quality training. The first was the #MeToo movement, which has brought up the whole topic of compliance training around sexual harassment — so much so that it’s become a need to have instead of a nice to have, even in states where it isn’t required. The second was a change in regulations in different states across the country, now requiring more than 10 million people to be trained.
Effective compliance training
There is a difference between teaching people about the law and teaching them what to do. At Traliant, they wanted to train people how to behave. What do you do when you’re faced with a particular situation? That should be the focus.
The training is also intentionally more modern: well-designed interfaces, interactive videos, professional actors, point systems, getting senior management to record training segments for their peers — all of which help make learning more engaging.
An important part of making training effective is making sure that people are encouraged to speak up, and that when they do, they’ll be protected. You might not be able to stop bad actors, but you can encourage witnesses to point out the behavior.
Moving away from check-the-box training
Much of compliance training is very check-the-box: a once-a-year thing that companies do to get it over with. But that’s not an effective approach. Traliant has gone from doing one-and-done sessions to creating a more holistic training approach. Examples are 15-20 minute courses for managers involved in investigations and two-minute training videos on dating in the workplace that they call “sparks” — because they’re meant to spark conversations.
Preventing Workplace Sexual Harassment: 4 Top Trends for 2019
- The Equal Employment Opportunity Commission (EEOC) is keeping workplace harassment training front and center, remaining one of its top priorities.
- Harassment training continues to evolve, and we’re seeing a shift from helping companies avoid liability to helping people behave properly.
- Training is highly state-driven, given their different requirements. So Traliant has built a platform where people can access the training relevant to them, instead of a one-size-fits-all course.
- There is a focus on building respectful, inclusive work cultures that embrace compliance training not because they have to, but because they want to.
Resources
Andrew Rawson (LinkedIn)
Traliant (Website)
Preventing Workplace Sexual Harassment: 4 Top Trends for 2019
