Day: November 22, 2019

Categories
This Week in FCPA

Episode 181-the Fishy Letters edition

SEC Chair Jay Clayton is reduced to having a PR firm create fake investor comments to support a SEC rule change. The Astros cheating scandal gets worse. As Tom worries MLB might take away his replica World Series Championship Trophy and Jay consoles him about when a team cheats and wins, they turn to some other of this week’s top compliance and ethics stories which caught their collective eyes.

  1. Using the same defense as Hoskins, Boustani admits bribery and corruption in Mozambique Tuna Boat case. Will it work out any better for him? Steward Bishop and Frank Runyeon in Law360. (Sub Req’d)
  2. SEC whistleblower tips go down for the first time. Kristen Broughton in the WSJ Risk and Compliance Journal. Kevin LaCroix sees it otherwise, on the D&O Diary.
  3. Jay Clayton gins up fake written comments to support regulation change. Zachary Mider and Ben Elgin report in Bloomberg.
  4. Former Keppel Offshore lawyer sentenced to time served. Dick Cassin reports in the FCPA Blog.
  5. Why punishing the bribe takers is equally important as punishing the bribe payors? Matthew Stephenson explains it all in the Global Anti-Corruption Blog.  
  6. Does an aggressive position in a Wells submission hurt a company in a SEC enforcement action? Lawyers from Simpson Thatcher explore in NYU’s Compliance and Enforcement Blog.
  7. What is ‘enforcement fatigue’ and how did Alstom overcome it? Dylan Tokar reports in the WSJ Risk and Compliance Journal.
  8. of Treasury bringing more sanctions cases against shipping companies. Kristin Broughton reports in the WSJ Risk and Compliance Journal.
  9. What will risk and compliance look like in 2020? David Banks considers in Navex Global’s Ethics & Compliance Matters blog.
  10. How does M&A benefit from an independent assessment? Jay continues his series on CCI.
  11. What are the implications of Gen Z on the front lines of compliance? Gaurov Kapoor explores in CCI.
  12. Recent FCPA enforcement actions shows the SEC will use FCPA Accounting Provisions to hold a company liable for ineffective AML controls. Clay Porter in the National Law Review.
  13. Navex’s Loren Johnson joins the podcast to talk about Navex Global’s 2020 Benchmarking Survey.You can participate in Navex Global’s annual survey by clicking here.

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.

Categories
Daily Compliance News

November 22, 2019, the Netanyahu Indicted edition

In today’s edition of Daily Compliance News:

  • Germany passes a raft of AML laws. (com)
  • Israelis PM indicted on corruption charges. (NYT)
  • FCPA leniency program gets tweaks. (WSJ)
  • Wells Fargo in hot water again. (Washington Post)
Categories
Creativity and Compliance

Improv(e) Your Culture

Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection – they all take creativity. Join Tom Fox and Ronnie Feldman on Creativity and Compliance, part of the Compliance Podcast Network. In this show, we discuss how improvisation can be supportive to ethics and compliance programs by helping internal and external communications and driving a culture of compliance throughout an organization.
Some of the highlights include:

  • Improv is not simply comedy. It’s a skill that improvisers use to make comedy on stage. This skill has application to the ethics and compliance professionals, from leadership teams and to all employees.
  • You can think of it as Applied Improvisation. Applied Improvisation is “yoga for your communication skills”.
  • While we cannot teach you to be funny, Improv techniques can teach you
  • How to be better listeners;
  • How to increase awareness;
  • How to make connections and build rapport and trust;
  • How to be more adaptable and agile; and
  • How to diffuse emotional situations.
  • Think of it as Applied Improvisation. Applied Improvisation is “yoga for your communication skills”
  • Improv techniques can help ethics, compliance and legal teams to be less scary and better listeners.
  • Improv techniques can be seen as leadership development skills as its reframing conversations and discussions with senior management to help create a system of trust and support.
  • Improv techniques can help build a better culture through encouraging respectful disagreement, being more open minded about challenging assumption, assuming positive intent, validating and building bridge to commonality and helping foster active listening.
  • The bottom line is the improv techniques can help give employees skills and tools that will help them challenge business decisions respectfully and to encourage them to stop disrespectful behavior when they encounter it.
  • Finally, take an improv class! You will love it!

Resources:
Ronnie Feldman (LinkedIn)
Learnings & Entertainments (LinkedIn)
Ronnie Feldman (Twitter)
Learnings & Entertainments (Website)
60-Second Communication & Awareness Shorts – A variety of short, customizable, quick-hitter “commercials” including songs & jingles, video shorts, newsletter graphics & Gifs, and more. Promote integrity, compliance, the Code, the helpline and the E&C team as helpful advisors and coaches.
Workplace Tonight Show! Micro-learning – a library of 1-10-minute trainings and communications wrapped in the style of a late-night variety show, that explains corporate risk topics and why employees should care.
Custom Live & Digital Programing – We’ll develop programming that fits your culture and balances the seriousness of the subject matter with a more engaging delivery.