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Mike Shannon, Corporate Stakeholders and Compliance

As reported in the New York Times, Mike Shannon died last week. In a 65+ year career, Shannon was associate with only one team, the St. Louis Cardinals. Signed by the Cardinals in 1958 for a bonus of reportedly $100,000; he was called to the majors in 1962. Initially he played Right Field but was later moved to 3rd Base. He played in three World Series, 1964, 1967 and 1968 for the Cardinals, winning two of the three. He retired in 1970 due to an illness and then went into broadcasting for the Cardinals, sitting in the booth for another 50 years broadcasting Cardinal games. He had a career batting average of .255, with 68 home runs and 367 runs batted in, and was elected to the Cardinals’ Hall of Fame in 2014.

My connection with Mike Shannon? In 60 plus years of attending baseball games, he is the only MLB player I ever got an autograph from. Was it worth much? Not in dollars but it meant the world to me and cemented by relationship with the Cardinals, right behind the Astros and even though Albert Pujols broke my heart in 2004.

We are in the midst of a blog post series on how to implement a ‘stakeholder’ strategy for a corporation as laid out article in the Harvard Business Review article, entitled “How to Create a Stakeholder Strategy” which proposes a data-driven approach to design, measurement, and implementation by authors Darrell Rigby, Zach First, and Dunigan O’Keeffe.

In their article, the authors the interconnected relationship between all stakeholders, stating “that every stakeholder has an impact on other stakeholders—engaged employees improve customer satisfaction, which in turn spurs growth, and so on—many CEOs are pledging to generate benefits for all their constituents: customers, workers, suppliers, communities, and investors. But few leaders have explicit strategies for doing so; most seem to rely on intuitive approaches.” The authors’ approach is to use a data driven approach, noting that companies should “bolster data from such third parties with inside insights and gain an understanding of the interdependencies among their particular stakeholders.” From there move forward to developing “a clear description of their purpose, establish criteria for evaluating progress toward it, set priorities among stakeholders, and start measuring value creation for each group. The last step is sustaining the new strategy through cultural change and by developing supporting processes and organizational structures.”

The 2019 Business Roundtable Statement on the Purpose of the Corporation, business executives pledged their companies to be businesses for  the benefit of all stakeholders, specifically including customers, employees, suppliers, communities, and shareholders. What was missing from this pronouncement was  any “explicit strategies for how they will do that.” Indeed the authors intoned that “most seem to be relying on intuitive approaches, which are hard to scale up and sustain because they’re based on leaders’ gut feelings about what matters most rather than specific criteria that can be codified to make delegated decision-making consistent and aligned with leadership’s strategic intent. Worse, when leaders whose personal visions have guided their companies leave their organizations, they take their intuitive strategies and commitment with them.”

However the authors believe that businesses firms can use data, to craft and implement effective growth strategies that recognize the complex interdependencies among stakeholders, create mutual benefits for them, and increase the net value generated collectively for their constituents.”  This sounds suspiciously similar to what the Department of Justice (DOJ) has said about the Chief Compliance Officer and compliance function having access across all data siloes so that I think a natural extension of where the authors are headed can equally apply to compliance.

Rather counter-intuitively the authors noted“For a long time the argument against holistic stakeholder strategies has been that you can’t create value across all dimensions of performance without hurting shareholder value.” Fortunately, the authors have found “a decade’s worth of data shows us that this is simply not the case.” Indeed the authors stated, “All that data was clear: The companies that create the greatest total value across all dimensions of performance don’t do so at the expense of shareholder value.” Moreover, in addition to the DOJ, the Delaware Court of Chancery in the McDonald’s decision which created the duty of oversight for corporate officers similar to the Caremark Doctrine specifically said the two corporate executives you have mandated visibility across an entire corporate organization.

The reality is that the time is now to begin moving in this integrated approach. The authors point to a Fortune survey that “found that two-thirds of U.S. adults now think a company’s primary objective should be making the world a better place. According to the 2022 Edelman Trust Barometer, adults around the world believe businesses can be unifying forces in society and so should step up to shape more-balanced policies on jobs, technology, wage inequality, climate change, discrimination, immigration, education, and health care. They want businesses to grow value for all stakeholders.”

But all this is more than simply aspirational. The authors point to “companies that have adopted stakeholder strategies, such as Costco, Microsoft, and P&G, [who] can attest, a stakeholder-based approach to running a business can make leadership roles more meaningful and rewarding. Moreover, companies that create strategies to benefit all stakeholders and establish systems for implementing them create more efficient business processes that lead to greater profitability. Of course it can be more purpose can and does equate to greater profit. But such an approach can also be a part of a prevent program. Here the authors believe such an approach can “reduce the risks of customer defections, employee turnover, loss of shareholder confidence, community protests, harsh regulations, and competitive disruptions” which can cost a company off the top line and can therefore be even more damaging and longer lasting.

Join us tomorrow where we honor another recently passed luminary and explore how to create a successful stakeholder strategy.

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program in Training and Communications- One Using Communications to Drive a Speak Up Culture

How often have you thought about the role of communications in your entire hotline reporting system? I do not mean posters giving the hotline number, promising anonymity and non-retaliation. I mean using compliance communications to create a social environment where employees feel comfortable speaking up to ask questions and report concerns and they know the options for doing that.

Why do many compliance professionals find it so difficult to use compliance communications to help move the ball forward on driving a speak up culture? It begins because many conflate such communications with training. Training tends to be viewed as something that happens once per year or on a similar cadence. Yet even the DOJ has seen through the fallacy of this argument in its 2020 Update to the Evaluation of Corporate Compliance Programs when it stated, “companies have invested in shorter, more targeted training sessions to enable employees to timely identify and raise issues to appropriate compliance, internal audit, or other risk management functions.”

The 2020 Update also leads to the following questions, what resources have been available to employees to provide guidance relating to raising an issue? And, has your company assessed whether its employees know when to seek advice and whether they would be willing to speak up? Can you answer these to satisfaction of the DOJ? If not, you may have a gap in your speak up communications program.
The bottom line to all is that in compliance, you are only limited by your imagination. When you overlay creativity on your imagination, you can create something very special. And you can use compliance communications to drive a speak up culture.
 Three key takeaways:

  1. How can communications improve a speak up culture?
  2. Use communications to foster trust.
  3. A speak up culture only works when paired with a ‘listen-up’ culture.
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The Wirecard Saga

The Wirecard Saga – Episode 40 – Phoning It In

Welcome to Season 3 of Lies, Spies & Corporate Crimes: The Wirecard Saga. The Wirecard Saga has become the world’s leading source of all things Wirecard. In The Wirecard Saga, Lies, Spies & Corporate Crimes, host Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors, looks at the biggest financial scandal in post-war Germany from a variety of angles.

In the latest episode of “The Wirecard Saga,” hosted by Mikhail Reider-Gordon, the discussion heats up as they delve into the recent developments surrounding the scandal. They highlight the minimal penalty imposed on EY, which failed to take adequate action, leading to the multi-billion-dollar corporate collapse of Wirecard, affecting stakeholders at various levels. She also discusses ongoing legal proceedings, including the upcoming proceedings and the role of KPMG’s forensic audit team during the scandal. The lack of importance given to compliance at Wirecard is also spotlighted, despite the formation of a formal compliance department. The podcast raises questions about how many missed opportunities there were to identify the fraud and why Wirecard employees didn’t take action to prevent it.

Mikhail will explore more unethical and illegal behavior, new entities highlighted through the lawsuit, and criminal charges filed against in Austria in next week’s episode. Take advantage of this exciting and informative podcast! Listen now and join the discussion.

Key Highlights:

  • Request for Courch Change from Apas
  • KaMuG Test Case
  • IAASA Assesses Penalties for Bad WUKI Audits
  • Professional Scepticism and Balance Confirmations
  • FRC Enforcement
  • KPMG Kept in the Dark
  • Two Out of 5000
  • Compliance Department of One
  • Lack of Interest in Compliance and Law
  • Sending Millions By Phone
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Daily Compliance News

Daily Compliance News: May 10, 2023 – The Big Trouble in Big China 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:

  • China goes after more foreign businesses. (NYT)
  • Pakistan arrests former PM. (FT)
  • Goldman Sachs pays to end the gender discrimination suit. (Reuters)
  • The need to crunch at B-school. (Bloomberg)
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Compliance Week Conference Podcast

Compliance Week 2023 Speaker Series – Ana Iacovetta – Data Analytics to Improve Compliance

In this episode of the Compliance Week 2023 Speaker Preview Podcasts series, Ana Iacovetta discusses her panel at Compliance Week 2023, “Data Analytics to Improve Compliance.”

Join Ana and her fellow panelists as they discuss the following:

  • What are the expectations for compliance professionals in using data analytics in their programs?
  • What are the government’s and compliance professionals’ lessons in creating and cultivating data-driven compliance programs?
  • Get a sense of what’s coming down the pike, including technical advancements creating opportunities for compliance, ethics, and risk professionals.

I hope you can join me at Compliance Week 2023. This year’s event will be May 15-17 at the JW Marriott in Washington, DC. The line-up of this year’s event is simply first-rate, with some of the top ethics and compliance practitioners around.

Gain insights and make connections at the industry’s premier cross-industry national compliance event offering knowledge-packed, accredited sessions and take-home advice from the most influential leaders in the compliance community. Back for its 18th year, compliance, ethics, legal, and audit professionals will gather safely face-to-face to benchmark best practices and gain the latest tactics and strategies to enhance their compliance programs. And many others to:

  • Network with your peers, including C-suite executives, legal professionals, HR leaders, and ethics and compliance visionaries.
  • Hear from 75+ respected cross-industry practitioners who are CEOs, CCOs, regulators, federal officials, and practitioners to help inform and shape the strategic direction of your enterprise risk management program.
  • Hear directly from the two SEC Commissioners, gain insights into the agency’s enforcement areas, and walk away with guidance on remaining compliant within emerging areas such as ESG disclosure, third-party risk management, cybersecurity, cryptocurrency, and more.
  • Bring actionable takeaways from your program from various session types, including ESG, Human Trafficking, Board obligations, and many others, for you to listen, learn and share.
  • Compliance Week aims to arm you with information, strategy, and tactics to transform your organization and career by connecting ethics to business performance through process augmentation and data visualization.

I hope you can join me at the event. For information on the event, click here. Listeners of this podcast will receive a discount of $200 by using code TF200 on the link here.

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Compliance Into the Weeds

Compliance into the Weeds: ComEd 2023 Compliance Report

The award winning, 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. Looking to stay updated on compliance and ethics? Look no further than Compliance into the Weeds, with co-hosts Tom Fox and Matt Kelly!

Looking to stay updated on compliance and ethics? Tune in to the Compliance into the Weeds podcast with hosts. In this episode, they tackle the corruption scandal involving ComEd and its parent Exelon, and highlight the progress made in their compliance program reforms. With the release of their second public progress report, compliance and corporate executives can learn from changing ComEd’s company culture and supply chain overhaul. The podcast also dives into integrating compliance concerns into HR processes and identifying supervisory groups that may need closer monitoring. Don’t miss out on this informative and insightful episode available now!

Key Highlights 

·      Significance of the report

·      Compliance and the Supply Chain

·      Compliance and Exit Interview

·      Using this report going forward

 Notable Quotes:

“I just have to acknowledge that state of Illinois finally convicted someone for corruption.”

“These reports provide not just simply a roadmap of how to change culture, but really a way to think through what may seem like an insurmountable problem.”

“I applaud Exelon for establishing this comprehensive supply chain risk management effort and making supply chain compliance a big part of its supply chain risk program.”

“It is compliance, which is driving overall supply chain risk management and business efficiency, which is inevitably lead will inevitably lead greater profitability if done correctly and that with a variety of other areas and companies having supply chain risk.”

 Resources

Matt 

LinkedIn

Blog Post in Radical Compliance

Check out our prior podcast on ComEd’s 2022 Compliance Report here

Tom 

Instagram

Facebook

YouTube

Twitter

LinkedIn

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Great Women in Compliance

Great Women in Compliance – Lisa Fine on Change, Culture and Community

Welcome to the Great Women in Compliance Podcast, hosted by Mary Shirley and Lisa Fine.

A few years ago, Lisa committed to doing one solo episode a year, and here is the 2023 episode.  As she prepared (which is always a strange experience as it isn’t for a conversation with someone else, but a soliloquy), this became a theme of “threes” – she talks about 3 topics, all of which start with “C” the third letter of the alphabet.   These are change, culture and community.

In the change section, she gives some spoiler updates on the GWIC 2.0 format, among other things.  She also talks about some of the things on her mind about organizational culture and how that has changed – and not changed – as we continue into a post-pandemic life.  Lastly, in terms of community, she reflects on our E&C community, some exciting upcoming events and her appreciation of all of the support in moving forward from Mary and so many #GWICs.

Corporate Compliance Insights is a much-appreciated sponsor and supporter of GWIC, including affiliate organization CCI Press publishing the related book; “Sending the Elevator Back Down, What We’ve Learned from Great Women in Compliance” (CCI Press, 2020). If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review.  Don’t forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you’re done, or if you can’t bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat.

If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review.  Don’t forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you’re done, or if you can’t bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat.

You can subscribe to the Great Women in Compliance podcast on any podcast player by searching for it and we welcome new subscribers to our podcast.

Join the Great Women in Compliance community on LinkedIn here.