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31 Days to More Effective Compliance Programs

Day 13 |Institutional Justice and The Fair Process Doctrine

Companies have finally come to realize that institutional justice and fairness are perhaps the most basic tenet of any successful workplace. If employees believe they will be treated fairly, it will engender a level of trust that can work to not simply motivate employees but lead to a more successful workplace and, at the end of the day, a more profitable company. This encompasses the entire lifecycle of the employment relationship, from hiring through separation. It works in areas as seeming disparate as compensation and incentives, discipline, promotion and internal reporting.

Three key takeaways:

  1. The DOJ and SEC have long called for appropriate and consistent application of both incentives and discipline.
  2. The Fair Process Doctrinewill help set institutional justice as the norm in your organization.
  3. Inconsistent application of discipline will destroy your compliance program credibility.
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FCPA Compliance Report

André H. Paris on the Brazilian Compliance Scene

In the Episode, I visit with André H. Paris, a Brazilian Compliance Consultant and Lawyer. He is a specialist in building a Corporate Culture based on Ethics, Transparency and Respect. Paris has experience in Corporate Risk Analysis and Management, as well as in Protecting Corporate Reputation and Crisis Management. He is also quite enthusiastic on building a more ethical and transparent business environment. Paris is the author of the recently released book Compliance – Ethics and Transparency as the Way Forward.  I met Paris at a compliance conference in Brazil last year. I am always interested in the views on compliance from practitioners outside the US, most particularly those who have written on the subject. He came on to the podcast to discuss his book and the current compliance scene in Brazil. Some of the highlights include:

  • Due to the numerous corruption scandals, many Brazilian companies have experienced an extreme reputation crisis.
  • Companies have suffered substantial reputational bumps, including loss of market value, frequent presence on police pages, destroyed careers and thousands of jobs down the drain, as well as a profound brand disruption.
  • Paris believes that many of these risks should never have been taken, seeking results at any cost.
  • One of the challenges is helping the market to understand the need and value of compliance.
  • Additionally, many companies are trying to catch by creating internal structures focused on this compliance.
  • Compliance needs to be further studied and deepened. Paris believes there is the need for constant updating.
  • While the book deals with the main themes of corporate compliance, Paris both in the podcast and in his book does not shy away from expressing his opinions on topics that are often considered controversial.

Resources
To purchase a copy of  Compliance – Ethics and Transparency as the Way Forward (in Portuguese) click here
André Paris LinkedIn Profile

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Daily Compliance News

January 13, 2020, the First Folio edition


In today’s edition of the Daily Compliance News:

  • Can Big Tech and Law work together? They must opines the FT Editorial Board. (FT)
  • Infosys clears itself. (FT)
  • Should robots pay taxes (and be ethical)? (WSJ)
  • Have some spare time? First Folio go to on market. (WSJ)