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Uncovering Hidden Risks

Ep 6 – Three Steps to Build a Comprehensive Data Security Strategy

Raman Kalyan, Director of Product Marketing, Microsoft and former podcast host, joins Erica Toelle and guest host Liz Willets on this week’s episode of Uncovering Hidden Risks. Raman’s team leads product marketing initiatives to increase broad enterprise adoption and awareness of Microsoft 365 Risk Management and Investigation solution categories while partnering closely with leaders across engineering, planning, and strategy teams to determine and recommend critical product/service investments. Raman discusses why a comprehensive data security approach is an essential consideration for companies, how to implement an effective data security strategy, and what he sees as the future of the data security space.

In This Episode, You Will Learn:
  • What it means to have a comprehensive data security approach
  • How you can leverage insights from risky insider activities
  • Why comprehensive data security should matter
Some Questions We Ask:
  • What does an end-to-end data protection strategy look like?
  • How do you balance data security without hindering employee productivity?
  • When should teams get started on their data security strategy?
Resources:

View Raman Kalyan on LinkedIn

View Liz Willets on LinkedIn

View Erica Toelle on LinkedIn

Related Microsoft Podcasts:          

Listen to: Afternoon Cyber Tea with Ann Johnson 

Listen to: Security Unlocked

Listen to: Security Unlocked: CISO Series with Bret Arsenault

Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program for Business Ventures – Distributor Liability Under the FCPA

Three enforcement actions made clear that there were no distinctions between agents and distributors. They were the Smith & Nephew, Inc., Oracle (2012 and 2022), and Eli Lilly and Company. Each of these enforcement actions had different FCPA violations, and they each revealed separate steps a company should take to prevent and detect FCPA violations in their company.

These three separate bribery schemes call for three different but overlapping responses. The Lilly enforcement action also makes clear the need for internal audits to follow up with ongoing monitoring and auditing. Internal audit can help determine the reasonableness of a commission rate outside the accepted corporate norm. The 2012 and 2022 Oracle enforcement actions demonstrated that Oracle needed to institute the proper controls to prevent its employees at Oracle India from creating and misusing the parked funds in the distributor’s account. The Company needed to audit and compare the distributor’s margin against the end user price to ensure excess margins were not being built into the pricing structure. Smith & Nephew did not perform sufficient due diligence on these distributors, nor did they document any.

Further, the distributor was domiciled in a location separate and apart, the UK, from the sole location it was designed to deliver products or services into, Greece. This clearly demonstrated that the entities were used for a purpose the company wished to hide from Greek authorities. While it is true that a distributor might sell products in a country different than its domicile, if the products are going into a single country, this should have raised several Red Flags.

Three Key Takeaways:

  1. Use auditing and monitoring.
  2. Distributors will be treated the same as other business ventures.
  3. Robust due diligence must be performed.
Categories
Coming Conflict with China

Coming Conflict with China: Part 3 – Exports and Rebalancing the Global Economy

In the short span of the 21st Century, the world’s top powers, the United States and China, have moved inexplicably toward a showdown. This evolved from a commercial competition into something more akin to permanent non-kinetic warfare. What does this mean for US business doing business in and with China? In this special 5-part series, Tom Fox and Brandon Daniels, CEO of Exiger, a leading global third-party and supply chain management software company, explore issues diverse as a real danger, supply chain, exports, cyber-attacks, and IP theft from the business perspective and give the compliance and business executive their viewpoints on what you can do to not only prepare your company but protect it as well. In Part III, we consider issues related to US exports to China and markets for US products if the China market is closed off to US companies.

The US-China conflict is intensifying, and as a result, businesses that export to China are feeling the strain. US companies exported nearly $149 billion worth of goods to China, but China still exports over $400 billion to the US. Do these trade deficits still matter? What happens when your biggest customer is no longer available? How do you go about finding new markets and reshoring customers? Join us as we explore this and other export issues in Part 3 of this special five-part series.

Key Highlights:

1. The importance of balancing the US-China economic relationship in light of the current crisis.
2. How does a business consider customer location an existential risk?
3. The potential for global economic rebalancing through collaboration between democracies.

Notable Quote

“We have to figure out how to make this a global market and ensure that this doesn’t just become some sort of nationalistic retrenchment.”
Resources

Exiger

Tom Fox

Connect with me on the following sites:

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Other episodes in this Series:
Episode 1-From Potential Conflict to Real Danger

Episode 2-Supply Chain Issues

Categories
The Hill Country Podcast

Peggy Vesper on Painting Hill Country Landscapes

Welcome to award-winning The Hill Country Podcast. The Texas Hill Country is one of the most beautiful places on earth. In this podcast, Hill Country resident Tom Fox visits with the people and organizations that make this the most unique areas of Texas. Join Tom as he explores the people, places and their activities of the Texas Hill Country.  In this episode, host Tom Fox visits Utopia artist Peggy Vesper.

Tom explores with Peggy her journey to Utopia, Texas and how she found her passion for painting. She explains how she began painting with acrylic since she is a fast painter and likes to work quickly. She shares her experiences painting pet portraits and later exploring the vibrant art community in Utopia, Texas. Peggy reveals how she began to focus on the views of the landscape in the Hill Country. Lastly, we learn about Peggy’s daughter following her dreams and majoring in fine arts. Don’t forget to check out Peggy Best’s website for updates on upcoming shows.

 Key Highlights

The Appeal of Utopia

Managing Stress Through Art: A Journey to Finding Creative Release with Acrylic Painting

The Art Scene and Community in Utopia, Texas

The Art of Painting Landscapes: Peggy’s Unique Approach

The Power of Encouraging Dreams in a Supportive Environment

Sharing Artwork on Social Media

 Notable Quotes 

1.     “I just set up a little table and started doing pet portraits.”

2.     “I had several friends that I made by going to the shows and artists that, you know, would give me tips and such. And I thought they have the most incredible life.”

3.     “And I love the acrylic. Because I paint quickly and I am not a patient person. o I loved it because all of a sudden you made a mistake, you could just do it over again, ma’am.”

 Resources

Peggy Vesper

Categories
FCPA Compliance Report

Khayot Salijanov – Compliance in Uzbekistan

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, I am joined by Khayot Salijanov, a Master’s Degree candidate at the University of Pittsburgh. He is originally from Uzbekistan, and we discuss compliance in emerging markets. We discussed the history of compliance and corruption in Uzbekistan and the government’s steps to increase compliance through laws like public procurement and creating an anti-corruption agency. Khayot then provides insight into the two biggest challenges faced in 2020, communication and conducting effective investigations, as well as emphasizing the importance of leadership buy-in. Finally, Khayot suggests that to start a management consulting career; one should focus on creating relationships and ownership, creating value, and gaining leadership buy-in. 

Key Highlights

·      The History of Compliance In Uzbekistan

·      Protecting Yourself When Doing Business in Uzbekistan

·      The Importance of Leadership Involvement in Creating a Robust Compliance Program

·      Creating Business Value Through Compliance Programs

 Notable Quotes

·      “And also it has a good program, a good tailored program, including ethics and risk management also sustainable business issues, which I’m interested in because I think sustainable business is part of compliance.”

·      “It’s essential to create family-based ownership to achieve success.”

·      “The government’s anti-corruption and anti-bribery policy has changed drastically.”

·      “Absolutely. Thank you for inviting and having me, Thomas. I have a lot of things to tell our listeners about Uzbekistan, specifically about compliance.”

·      “These events mark the beginning of designing and implementing corporate compliance standards in the private sector.”

Resources

Khayot Salijanov on LinkedIn

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Compliance Into the Weeds

Blackbaud – Failures in Cyber Breach Disclosures

The award-winning, Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode, we discuss the consequences of insufficient disclosure regarding cybersecurity risks, as demonstrated in the recent Blackbaud SEC enforcement action. The SEC requires companies to proactively disclose material events, and the Delaware Court of Chancery is making it clear that senior executives are responsible for ensuring compliance with disclosure requirements. Tune in next week to hear more Compliance into the Weeds from Tom and Matt. 

Key Highlights

·      The cost of poor communication: $3 million lesson from Blackbaud’s FCC fine.

·      Disclosure Controls and the Sarbanes Oxley Act

·      The Consequences of Failing to Comply with the SEC and FCC Regulations on Reporting Data Breaches

·      SEC Cracking Heads and What’s Next 

Notable Quotes:

1.      “Do words still matter? I think that they do.”

2.     “I couldn’t think of at least 3 million reasons why that was a bad idea in hindsight, and maybe they should have been more forthcoming.”

3.      “Oh, well, actually, you know, we missed the revenue target, but we forgot to tell the CFO people would be fired. You know, there would be heads stuck on the pikes. In front of the office lobby or something like that.”

4.     “A compromise of our data security that results in customer or donor personal or payment card data being obtained by unauthorized persons could, and that’s the word. Could adversely affect our reputation with our customers and others.”

 Resources

Matt  on LinkedIn

Matt on Radical Compliance

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Daily Compliance News

March 29, 2023 – The SBF/FCPA Charges Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen to the Daily Compliance News. All from the Compliance Podcast Network. Each day we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest for the compliance professional.

Stories we are following in today’s edition of Daily Compliance News:

  • SBF charged with FCPA violations. (WSJ)
  • Fox Producer seeks to recant testimony. (Reuters)
  • The US makes a transparency commitment. (AP)
  • France raids big banks over tax fraud. (NYT)
Categories
Blog

Coming Conflict with China-Business Challenges and Responses: Export Issues and Rebalancing the Global Economy

In the short span of the 21st Century, the world’s two top powers, the United States and China, have moved inexplicably toward a showdown. This evolved from a commercial competition into something more akin to permanent non-kinetic warfare. What does this mean for US business doing business in and with China? For this special 5-part blog post series, I visited with Brandon Daniels, CEO and President of Exiger, to explore issues diverse as a real danger, supply chain, exports, cyber-attacks, and IP theft from the business perspective and give the compliance and business executive their viewpoints on what you can do to not only prepare your company but protect it as well. In Part III, we consider export issues of US companies and rebalancing the global economy.

The US exported $149,000,000,000 to China in 2021, but do trade deficits still matter in this new era of economic conflict? The US-China conflict is intensifying, and as a result, businesses that export to China are feeling the strain. What happens when your biggest customer isno longer available? How do you go about finding new markets and reshoring customers? In this post, we explore the delicate balance between US and Chinese relations and the tools US businesses need to protect their intellectual property and commodities from Chinese counterfeiting.

What are some of the steps you can take around export issues.:

  1. Determine what to buy and sell to China
  2. Protect intellectual property
  3. Create a rebalanced global economy through diplomatic efforts with allies and partners.

  1. Determine what to buy and sell to China

When considering the purchase and sale of goods to and from China, it is important to take into account the potential risks and rewards associated with the transaction. There are several factors to consider when assessing the potential for a successful trade relationship with China. First, companies must consider the intellectual property rights associated with the goods being purchased or sold. It is important to ensure that any goods being exported to China are not subject to an export control classification, as China does not always respect intellectual property laws. There is a large counterfeit market in China, and companies must be aware of the potential for counterfeiting of their products. Finally, companies should be aware of the imbalance in trade between the United States and China, and must be sure to protect their economic interests while also respecting the rights of their customers. By taking into account these factors and ensuring that their business practices are in line with their countries’ trade policies, companies can form successful and mutually beneficial trade relationships with China.

  1. Protect intellectual property

Protecting intellectual property is essential to maintain the success of businesses and to prevent the theft or misuse of valuable information. Companies should take steps to ensure that their intellectual property is secure, both internally and externally. Internally, companies should create policies and procedures to ensure that only authorized personnel have access to sensitive information, and that all data is kept secure. Companies should also implement safeguards such as encryption and firewalls to protect their data. Externally, companies should take steps to protect their intellectual property from being copied or stolen. This could include applying for patents or trademarking products or services. Companies should also investigate the laws and regulations in the countries they are exporting to and ensure that their intellectual property is adequately protected under those laws. In addition, companies should consider signing contracts with their partners that protect their intellectual property, and should take steps to monitor the use of their intellectual property to ensure that it is not being misused.

  1. Creating a rebalanced global economy

To create a rebalanced global economy through diplomatic efforts between the US, its allies and partners, it is important to start by forming a coalition of like-minded countries. This coalition should focus on building up and sustaining economic ties between each other, as well as banding together to develop new economic opportunities and innovations. The US should also work closely with their allies and partners to protect their intellectual property, enhance transparency, and prevent China from taking advantage of any economic imbalances.

To ensure a successful rebalancing of the global economy, the US and its allies should focus on developing diplomatic solutions to their problems with China. This means engaging in dialogue with them, negotiating trade agreements, and forming coalitions of like-minded countries who are willing to work together to create a more balanced global economy. The US should focus on strengthening their own economic ties with their allies and partners, as well as developing new economic opportunities and innovations. Finally, it is important for the US and its allies to continuously monitor and protect their intellectual property, as well as increasing transparency in the global economic system. By doing so, China will be unable to take advantage of any economic imbalances.

The US-China conflict is an ever-evolving and complex situation, but by understanding the implications of the conflict, businesses can take steps to protect their intellectual property and commodities from Chinese counterfeiting, and create a rebalanced global economy through diplomatic efforts with allies and partners. With the right strategies and precautionary measures in place, businesses can remain competitive in the global marketplace and continue to engage in global commerce. With the right guidance and action, we can all strive to create a more stable and prosperous global economy.

For a deeper dive into these issues, check out the 5-part podcast series with Tom Fox and Brandon Daniels, here.