In a world that has been turned upside down, should you be totally transparent with your boss right now or should you put on the façade of perfection? In today’s episode (which ironically was recorded months ago), we are discussing transparency in the workplace. Some people love it. Some people hate it. Let’s see if you change your mind after today’s discussion! I am incredibly excited to have Jennifer Janechek with me on this episode. Jennifer is the director of content strategy at Sound Wisdom. She has her PhD in English literature from the University of Iowa. Feel free to reach out to her at JenniferJ@soundwisdom.com.
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Day: May 6, 2020
In this concluding Part 5, we consider the road ahead and the use of monitors by state AGs. The current state of multi-state litigation may be summed up by acknowledging the extraordinary talents of AG staff in litigating multi-state actions, while recognizing the extraordinary challenge of making sure that the conditions imposed as a part of virtually every settlement are carried out. Fortunately, there is a road ahead that offers a solution to the states at no cost.
In Part 4, we consider the challenges for state AGs in today’s litigation environment. Of the AGs who participated in the tobacco litigation leading to the Master Settlement Agreement in 1998, only one AG, Tom Miller of Iowa, remains in office today. Most of today’s AGs never worked in an AG office before multi-state litigation was simply a fact of life. But although it may seem that multi-state litigation has been around forever, the reality is that it remains quite new, and it should come as no surprise that the processes around multi-state litigation continues to evolve.
In Part 3, we consider the role of state AGs in multi-state litigation in the post-tobacco era. Despite the challenges posed by the tobacco settlement, state AGs used the new-found collective power to exercise their jurisdiction in a number of areas. However, settlement of these cases became more complicated than it had been before as no defendant wanted to become “the next tobacco” or more specifically, the next potential deep-pocket for the state AGs to target. While governors and legislators certainly wanted to take advantage of this new potential revenue stream, a number of states took steps to limit the circumstances when the AG could hire outside counsel, or to regulate the selection process through which a counsel could be retained.
In Part 2, we consider the reaction to the Big Tobacco settlement and criticisms directed at the state AGs. In the immediate aftermath of the tobacco settlement, state AGs basked in the praise of bringing millions and millions of dollars to their states, perhaps even in perpetuity. Among those most appreciative were the nation’s governors and state legislatures, to whom the tobacco settlement represented a new and unexpected source of state revenue. For their part, the state AGs now realized that they had greater power working collectively than individually. This lesson was particularly clear to smaller states, which lacked the resources to sue a national industry on their own. But even the larger states recognized that forcing a defendant to fight against multiple states gave them leverage they had not previously enjoyed.
In Part 1, we consider the role of state AGs as enforcers of civil law and in bringing litigation to enforce consumer protect and related statutes. Every US state and territory has an AG, whose role is to serve as the chief legal advisor for that state. State AGs are empowered to prosecute violations of state law, represent the state and its employees when sued, and usually to provide legal advice to state agencies and to the state legislature. But its most important and most challenging role may be the right to bring litigation – to file suit – in the name of the state.
Listen is on the WTO’s prediction of global trade trends vis-a-vis COVID-19, some points to think about when looking at licensing agreements and how to file rejected transactions reports with OFAC.
Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. As the Voice of Compliance, I wanted to start a podcast which will help to bring both clarity and sanity to the compliance practitioner and compliance profession during this worldwide health and healthcare crisis. In this episode, I am joined by Ben Wolf, Founder of Wolf’s Edge Consulting. We discuss how companies and compliance professionals need to think about the manner in which they will do business in the new 3 months, 6 months, 12 months and thereafter. What will be your new normal?
Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley. In this episode, Mary Shirley visits with Fabiana Lacerca-Allen, the Senior Vice President of Compliance at Aimmune Therapeutics, a biopharmaceutical company developing treatments for potentially life-threatening food allergies. Practicing law and compliance for more than 25 years, Lacerca’s passion as a compliance leader stems from values instilled in her at an early age and have helped to shape her career path as a global thought leader in law and compliance.
We start the episode off with a bang as Fabiana recalls how her fascinating childhood informed her first lessons in Compliance. With three attempts made to kidnap her as a child, Fabiana is no stranger to the risk to physical safety and shares with us her tips for when she travels alone on business. Don’t miss the article Fabiana co-authored on this topic for more information: https://hispanicexecutive.com/self-defense-white-paper/
Fabiana also shares her approach to leadership and building a team around you – a tribe of people that you want to have with you throughout even the toughest of times – the people you’d be willing to have with you during a kidnapping – or Coronavirus lockdown! Relatedly, Mary and Fabiana discuss the concept of mentorship as a two way street and Fabiana discusses how she fosters her mentorship relationships to ensure that the benefits are maximized for both parties.
We end this episode with a nod to self-care and some surprising results of award programs in schools that can provide us with food for thought regarding Compliance program incentives.
Join the Great Women in Compliance community on LinkedIn here.
Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this podcast Matt Kelly and Tom Fox take a deep dive into the recent mandate from the CDC that CEOs, CCOs and CFOs certify and attest that each employee who disembarks from a cruise ship has met the CDC requirements to do so, under potential criminal penalty. Three cruise lines, Royal Caribbean, Carnival Cruises, and Norwegian Cruise Line have over 100,000 employees cooped up on ships in US ports. The CDC wants to make certain that when they come on land, it is safe for everyone.
Some of the highlights include:
- What are the CDC requirements?
- Why does the CDC want CEO, CCO and CFO attestation?
- Should these corporate leaders agree to do so?
- What is about the employees on the ships?
- Given that at least 100 cruise ships that set sail after March 4, the first day that a passenger died of Covid-19 while on a cruise stopping in the United States, is this warranted?
- What does it mean for potential liability going forward?
Resources
Matt Kelly blog post, Cruise Lines Face Covid-19 Compliance Squeeze
