Categories
The ESG Report

ESG-Risk, Opportunity and Positive Impact with Cécilia Fellouse-Guenkel


 
Cécilia Fellouse-Guenkel is a well-known compliance practitioner in France. She and Tom Fox have worked together in live as well as virtual conferences. She moved into the compliance industry when she joined a medical device company in the US. Since then, she says, compliance has been her passion. She eventually opened her own compliance consulting business, called Compliance For Good. The name of her company signifies that compliance is not only for the greater good, but for the long term. She and Tom talk about the evolution of ESG and how it has a positive impact on companies as well as the wider community.
 

 
Evolution of ESG
Tom asks, “How have you seen ESG evolve in Europe and the EU over the past few years?” Cécilia responds that ESG is a broad notion, many aspects of which have existed for quite some time. “I guess what’s changed now with ESG is on the one hand, how the investment and the financial world have been behaving recently,” she remarks. ESG-oriented investments have increased to the tune of US$30 trillion in recent times. Financial institutions are now willing to put a price tag on companies’ ESG efforts based on KPIs, which is an area compliance professionals are experts in. She discusses the strict ESG regulations in France and the EU – particularly the Duty of Care Act and the SFDR mandates respectively – which she says are catapulting ESG into the limelight as a critical issue for companies and compliance professionals. She and Tom talk about the impact on companies’ supply chain and the disquiet some stakeholders feel about these new regulations because of the presumption of responsibility now placed on businesses. 
 
A Holistic Conversation
What advice are you giving your clients about ESG, Tom asks Cécilia. Companies come to her with questions about the Duty of Care law and other ESG regulations. “What I love the most is to make it a more holistic conversation, a global conversation,” she tells Tom. She shows her clients how they can achieve both an impact analysis and Duty of Care plan at the same time. “What I like about ESG is that it’s a shift for compliance people going from mostly looking at the risks … ESG is also looking at the positive aspects. So it’s really risk, opportunity and positive impact,” Cécilia comments. The conversation immediately becomes more strategic, efficient and helpful when you take this perspective, she adds. Boards also are more willing to listen. She emphasizes that this type of holistic approach is not new to compliance officers: another reason they are in a good position to lead the conversation around ESG.
 
Value of Compliance in ESG
A recent report by McKinsey explains the impact ESG has on a company’s profitability, including lower risk of sanctions, higher employee retention, and attracting potential talent. Cécilia says that compliance professionals should make sure they’re part of the conversation. She shares practical advice from two books. Tom comments that some compliance professionals don’t feel as comfortable with the E of ESG, as they believe they lack technical skills in that area. He asks Cécilia to share her thoughts on the subject. Even though the environmental aspect is a technical area, she remarks, compliance officers can still offer their expertise, such as in monitoring and standardizing KPIs. Another key area where compliance has valuable expertise is in third-party risk management.
 
ESG Into the Future
Cécilia wants compliance professionals to jump on the ESG train in the future. “It’s where we belong,” she tells Tom, “in the strategic sphere and the strategic role of ethics and compliance.” She likes Allison Taylor’s idea of the CCO as the Chief Integrity Officer. She is also hoping for more standard KPIs to move the industry forward. 
 
Resources
Cécilia Fellouse-Guenkel on LinkedIn 
 

Categories
FCPA Compliance Report

Brandon Daniels-Ongoing v. Point in Time Due Diligence


In this episode of the FCPA Compliance Report, I visit with Brandon Daniels, President of Exiger. Brandon is a long-time favorite on the FCPA Compliance Report, and he always brings a unique perspective to a variety of compliance topics. In this episode, we look at the Theranos case from a very different angle than the criminal fraud trial of Elizabeth Holmes. We consider the due diligence lessons from Theranos. Highlights of this podcast include:

  1. What is the difference between ongoing due diligence v. point in time due diligence?
  2. How does Due Diligence on potential investments different (or not) from DD on other types of 3rd parties?
  3. What areas should you look at in DD of potential business partners/investments?
  4. How do you perform DD on leaders or senior management of potential business partners/investments?
  5. What should people or skill sets be on your DD team? For instance, would you suggest being on a DD team to evaluate Theranos?
  6. How do you evaluate the risk, or are you simply trying to ID red flags?
  7. Does DD provide insight into the leader of potential business partners/investments continuing after the deal is done?

Resources
Brandon Daniels on Exiger website
Pre-investment, IPO, and Fund-Raising DD

Categories
Daily Compliance News

December 20, 2021 the Brain Control Edition


In today’s edition of Daily Compliance News:

  • Brain control tech company placed on blacklist. (WaPo)
  • OSHA vaccine mandate reinstated. (NYT)
  • Corruption at the heart of college sports? (Chronicle of Higher Ed)
  • JPMorgan settles record keeping failures suite. (Reuters)