Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program for 3rd Parties – 3rd Party Risk Management Process

As every compliance practitioner knows, third parties still present the highest risk under the FCPA. The 2020 Update devotes an entire prong to third-party management. It begins with the following:
 Prosecutors should also assess whether the company knows the business rationale for needing the third party in the transaction and the risks posed by third-party partners, including the third-party partners’ reputations and relationships, if any, with foreign officials. For example, a prosecutor should analyze whether the company has ensured that contract terms with third parties specifically describe the services to be performed, that the third party is performing the work, and that its compensation is commensurate with the work provided in that industry and geographical region.   Prosecutors should further assess whether the company engaged in ongoing monitoring of the third-party relationships through updated due diligence, training, audits, and/or annual compliance certifications by the third party.

This specifies that the DOJ expects an integrated approach operationalized throughout the company. This means you must have a process for the full third-party risk management life cycle. Five steps in the life cycle of third-party risk management will fulfill the DOJ requirements in the 2020 FCPA Resource Guide and the Hallmarks of an Effective Compliance Program. The five steps in the lifecycle of third-party management are:

  1. Business Justification by the Business Sponsor;
  2. Questionnaire to Third-party;
  3. Due Diligence on Third-party, including triage of results;
  4. Compliance Terms and Conditions, including payment terms; and
  5. Management and Oversight of Third Parties After Contract Signing.

Three key takeaways:

  1. Use the entire 5-step process for third-party management.
  2. Make sure you have business development involvement and buy-in.
  3. Operationalize all steps going forward by including business unit representatives.
Categories
The ESG Report

Eli Sutton on Operational Sustainability

The ESG Report podcast is hosted by Tom Fox. In this episode, Tom is joined by Eli Sutton is a seasoned professional with over 20 years of experience in sales and 15 years in operation leadership. He has been involved in a variety of industries, but has spent the last 10 years with Teramind, providing employee monitoring solutions to organizations. They discuss how operational sustainability can help your business grow and thrive for years to come!

You will learn how operational sustainability can help your business grow and thrive over the long term. After the pandemic hit, many companies were looking to maximize their workforce productivity rather than security. Eli found that Teramind offered customizable solutions that could provide compliance, security and productivity without hindering user ability. With the right processes, resources, and tools like Teramind, companies can be operationally sustainable and maximize their growth. Eli’s knowledge and experience has been invaluable in helping businesses maximize their productivity and security.

Key Highlights

1. What benefits can a solution like Teramind provide to organizations in terms of security, productivity, and data management?

2. How can Teramind help organizations execute due diligence processes more efficiently and save on billable hours?

3. How have organizations’ needs changed with the pandemic, and how can Teramind help them meet those new requirements?

Notable Quotes

1.     “Strong work ethic, a proven process to complete each task, following through with a proven process, a team member who monitors that proven process and make sure that it’s being followed and a team to overall review and optimize that proven process over time – this is the key to operational sustainability and success.”

2.     “Think of a company as something like a massive ship that’s going across the Atlantic. Now what does that ship need to make that journey a success?”

3.     “For a company to be operationally sustainable, it must have strong foundations.”

4.     “Put in 100% of the effort and you’ll make it across in record time.”

Resources

Eli Sutton on LinkedIn

Teramind

Tom Fox 

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Categories
Innovation in Compliance

Transformation by Surfing the Waves with Alex Schwartz and Nate Thompson

The traditional workplace as we know it is changing exponentially. This, accelerated by the COVID-19 pandemic, has forced companies to adapt to a new way of doing business. In this episode of Innovation In Compliance, Nate Thompson and Alex Schwartz, co-founders and hosts of The Disrupted Workforce, chat with host Tom Fox about the trends and challenges facing companies in this new era of work, including talent acquisition and retention, how AI will help identify talent pools, and the major shifts and disruptions happening in the workplace. 

Alex Schwartz is a digital marketing and transformation solutions expert with over a decade of experience working with Fortune 500 companies. Prior to that, he worked in talent management in New York. Alex realized that there was a need to focus more on helping individuals navigate change and on creating better work cultures. He is passionate about looking at the future of work from a human-centered perspective.

 

Nate Thompson started his career as an engineer at Qualcomm. He ultimately left the technology space to focus on understanding organizational psychology and helping organizations reinvent themselves. Nate has spent the last 20 years specializing in organizational leadership and change. He went through a personal transformation after experiencing a “life crash”, which gave him the grit and resilience he needed to become a successful business leader. In March 2020, Nate and Alex launched their current platform.

 

You’ll hear Tom, Alex and Nate discuss these ideas in this episode:

  • The world is changing rapidly due to various factors, including the pandemic. Nate tells Tom, “We are at the slowest period right now that we will ever be going forward. In other words, right now, today life is going really fast, and it’s only going to get faster, like significantly faster.” 
  • “The way that you’re even thinking about the world today has to start to evolve,” Nate remarks. The future of work mindset – as conceptualized by Alex and Nate – is crucial to navigate fast-paced change, and it’s based around the idea of exploring, expanding, and evolving.
  • “The eleven days of clean audit health to failure [of the Silicon Valley Bank] really demonstrated to me the speed of which social media can bring change,” Tom remarks. 
  • “Sometimes leaders and organizations aren’t progressive, and they’re battening down the hatches and trying to weather the storm. The only problem is that strategy will not help in this dynamically unfolding world. You have to be able to surf the waves, not get washed over, crashed upon,” Nate says.
  • Companies need to be proactive in building future of work programs, including creating talent mobility within the organization.
  • Thoughtful and empathetic communication is crucial in handling layoffs, upskilling, and reskilling of the employee base.
  • Talent acquisition and talent retention are among the most important issues for corporations in 2030 and beyond.
  • There is a global job shortage and talent shortage in the United States.
  • The focus of hiring is shifting from a skills and pedigree-based system to one more focused on how people learn because skills are changing so fast that how people learn and adapt can be more important than what degree or skill they have.
  • There will be a more blended workforce where people are going to be wearing different hats and leaders and companies need to understand the needs of each worker to let them rise up and lead, even if they’re part-time.
  • AI is changing the way recruitment works, unlocking talent pools that we never thought of.
  • Alex and Nate use their podcast, The Disrupted Workforce, to share insights about the future of work, to amplify thought leaders’ voices, and to help people prepare, navigate, and thrive through these changing times.

 

KEY QUOTES

“We are at the slowest period right now that we will ever be going forward. In other words, right now, today life is going really fast, and it’s only going to get faster, like significantly faster.” – Nate Thompson

 

“…strategy will not help in this dynamically unfolding world. You have to be able to surf the waves, not get washed over, crashed upon.”  – Nate Thompson

 

“We are moving from a skills and pedigree based hiring system, we believe, to one much more focused on how people learn. This is a fundamental shift that we are seeing because skills are changing so fast, that how you learn and how you adapt can actually be more important than what degree or skill you have. Because it’s quite possible that the job that you’re going to have in six months versus the one that you’re entering the door in hasn’t even been invented yet.” – Alex Schwartz

 

“If you ignore this, you will be kind of run over by these waves of disruption. We believe, and try to wake people up and really lead them through.” – Alex Schwartz

 

Resources:

Alex Schwartz on LinkedIn | Instagram 

Nate Thompson on LinkedIn 

The Disrupted Workforce

Categories
Data Driven Compliance Innovation in Compliance

Daniel Villani on the Using the Right Data

Data Driven Compliance, hosted by Tom Fox, is a podcast featuring an in-depth conversation about the uses of data and data analytics in compliance programs. In this episode, host Tom Fox visits Daniel Villani from Villani Analytics. Daniel has an extensive 15-year background in technology, specifically working with medium to large businesses. They discuss Enterprise Resource Planning (ERP) and Enterprise Performance Management (EPM) software, vendor selection, audibility, and ESG reporting. Daniel emphasizes the importance of data utilization and integration, offering solutions and advice on the best solutions to stay competitive. Listeners can learn more from Daniel’s YouTube channel, Villani Analytics, and LinkedIn profile.

Key Highlights

·      ERP & EPM Explained

·      Data Privacy and Security in Financial Technology Solutions

·      Ensuring Data Accuracy and Quality Assurance Through Governance

·      The Importance of Documentation in Vendor Selection

·      Utilizing Data Analytics to Get Insights

·      Benefits of Implementing Environmental, Social, and Governance Programs

·      Building Data Streams: Connecting Siloed Data for Success

Notable Quotes

1.     ” I laugh because it sounds completely imaginative, but you’d be surprised how many organizations and some of the leading organizations and fortune 500 ones are relying on somebody’s word that their numbers are okay.”

2.     “I take the, you know, the full unbiased approach where I’m happy to recommend the system that I don’t implement just because I don’t do it for the money that comes out of it. I do it to make sure that you get the right solution for your business.”

3.     “It’s also equally important to ensure that you have the documentation around your governance in place.”

4.     “The companies that are going to bring it together in the most meaningful way are the ones that are going to better compete in their industry.”

 Resources

Daniel Villani on LinkedIn

Villani Analytics

Categories
Daily Compliance News

April 4, 2023 – The Is FL Anti-Business 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:

·       Disney President says Florida under DeSantis is ‘anti-business.’ (WSJ)

·       Venezuela detains 44 more in a corruption probe. (Al Jazeera)

·       EY banned in Germany over Wirecard. (FT)

·       Italians wave good-bye to ChatGPT. (ComplianceWeek)