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Everything Compliance

Everything Compliance – Episode 123, The Spanish Kiss Edition

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. In this episode, we have the quartet of Jay Rosen, Jonathan Armstrong, Matt Kelly and Karen Woody, with Tom Fox hosting. We conclude with our always popular and fan fav Shout Outs and Rants.

1. Matt Kelly looks at the new SEC requirement for companies to improve their risk assessments and attendant processes. He rants about the US Federal Courts not allowing television cameras and says we need the Trump trials televised in federal courts.

2. Karen Woody reviews Opinion Release 23-01. She shouts out to the Barbie movie.

3. Tom Fox shouts out to Megan Rapinoe for great professional career and her social activism while a member of the USWNT.

4. Jay Rosen looks at the imbroglio surrounding the Spanish National football team after its Women’s World Cup win. Rosen shouts out SOCAR, the South Orange County Compliance and Ethics Roundtable.

5. Jonathan Armstrong considers the NATS air traffic debacle and operational resilience. He shouts out Sgt. Graham Saville who lost his life helping a person in distress.

The members of the Everything Compliance are:

•       Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com

•       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu

•       Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com

•       Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com

•       Jonathan Marks can be reached at jtmarks@gmail.com.

The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

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31 Days to More Effective Compliance Programs

One Month to More Effective Written Standards: Day 3 – The Code of Conduct

What is the value of having a Code of Conduct? In its early days, a Code of Conduct tended to be lawyer-written and lawyer-driven to wave in the regulator’s face during an enforcement action as proof of overall ethical behavior. Is such a legalistic code effective? Is a Code of Conduct more than simply your company’s internal law? What should be the goal in creating your company’s Code of Conduct?

Indeed violation of your Code of Conduct can form the basis of a domestic FCPA enforcement action. In an enforcement action involving United Airlines, Inc., a breach of the Code of Conduct by the Company CEO was determined to be an FCPA internal controls violation. It involved a clear quid pro quo benefit paid out by United to David Samson, the former Chairman of the Board of Directors of the Port Authority of New York and New Jersey. This public government entity has authority over, among other things, United’s operations at the company’s huge east coast hub in Newark, NJ.
Your Code of Conduct should be tailored to your company’s culture, industry, and corporate identity. It should provide a mechanism by which employees trying to do the right thing in the compliance and business ethics arena can do so. The Code of Conduct can be used for employee review and evaluation. It should certainly be invoked if there is a violation. Your company’s disciplinary procedures must be stated in the Code. These would include all forms of disciplines, up to and including dismissal, for serious violations of the Code. Further, your company’s Code should emphasize it will comply with all applicable laws and regulations wherever it does business. The code must be written in plain English and translated into other languages so all applicable persons can understand it.

Three key takeaways:

1  A Code of Conduct is a foundational document in any compliance regime.
2  The substance of your Code of Conduct should be tailored to the company’s culture, industry, and corporate identity.
3  “Document, Document, and Document” your training and communication efforts regarding your Code of Conduct.

For more information, check out The Compliance Handbook, 4th edition, here.

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The ESG Report

The ESG Report – Tommy Linstroth on Building for a Sustainable Future: The Role of ESG in Construction

The ESG Report podcast is hosted by Tom Fox. Looking for innovative solutions to tackle climate change? Look no further than The ESG Report! In this episode, Tom speaks with Tommy Linstroth founder and CEO at Green Badger about the role and opportunity for the construction industry in the ESG arena.

The podcast episode discusses the increasing importance of incorporating ESG practices in the construction industry. Tommy Linstroth, an expert in the field, emphasizes the need for companies to embrace ESG to remain competitive and attract talent. Linstroth highlights the demand for ESG compliance from customers, regulators, and financiers. He emphasizes the need for companies to measure and integrate various ESG factors, breaking down silos within organizations. The conversation also emphasizes the role of safety in ESG and the potential benefits of ESG in improving efficiency, talent attraction, and transparency. Overall, the episode underscores the significance of ESG integration in the construction industry and the importance of a strategic approach to its implementation.

Key Highlights

·       The Intersection of Construction and ESG

·       ESG Integration in Construction Industry

·       ESG and Business Efficiency

·       Getting Started with ESG

·       ESG Implementation and Continuous Improvement

Resources

Tommy Linstroth on LinkedIn

Green Badger

Tom Fox 

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Daily Compliance News

Daily Compliance News: September 7, 2023 – The SBF in Jail Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to you compliance related stories to start your day. Sit back, enjoy a cup of morning coffee and listen in 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.

  • FCA to review treatment of PEPs. (WSJ)
  • Corruption in Spanish League refereeing. (Reuters)
  • Bread, water and PB. (NYT)
  • The next generation in corporate boardrooms. (FT)
Categories
Blog

Operationalizing Compliance With 10 Questions for HR

Operationalizing compliance is the crucial step in creating an effective compliance program within an organization. It involves cascading compliance goals to all levels of the organization and fostering a culture of compliance. This process requires clarity and comparability of goals, focusing on high-risk areas first, and gradually expanding initiatives. Ethical business conduct should be a top priority, with HR playing a key role in attracting and developing talent. Continuous improvement and performance tracking are also crucial for identifying gaps and developing key compliance indicators.

Root cause analysis is a key process in identifying the reasons behind compliance failures and implementing effective solutions. It involves understanding what allowed the compliance issue to arise, rather than simply assigning blame, and addressing the core issues to prevent future compliance failures. It goes beyond assigning blame and focuses on finding solutions to prevent future failures. Understanding the root cause allows organizations to address the core issues and implement effective measures to ensure compliance.

To operationalize compliance effectively, organizations need to consider several key factors. One of the first factors is the interconnectedness of targets. Compliance goals should be cascaded down to individual workers, ensuring that everyone understands their role in achieving compliance objectives. While tone at the top is important, it is equally crucial to establish an appropriate tone in the middle and at the bottom of the organization.

Clarity and comparability of goals is another important factor. Compliance targets should be clearly communicated and understood by all employees. Complex goals can lead to confusion and hinder the operationalization process. Focusing on high-risk areas first and gradually expanding initiatives can help manage risks effectively and ensure a systematic approach to compliance.

The role of HR in operationalizing compliance cannot be overstated. HR should take the lead in showing that attracting and developing talent who will engage in ethical business conduct is a top priority. By creating the appropriate mindset of doing business the right way throughout the organization, HR can contribute to the successful operationalization of compliance.

Continuous improvement and performance tracking are essential for identifying gaps in the compliance program. Monitoring compliance programs in real-time and reacting quickly to remediate them is crucial. Auditing and monitoring should work in tandem to uncover and evaluate risks. Key compliance indicators, such as hotline or helpline reports, can provide valuable insights into the effectiveness of the compliance program.

While operationalizing compliance is essential, organizations must also consider the impact on employees. Talent acquisition and retention is a critical business function. Retaining top employees who engage in ethical business conduct is crucial for the long-term success of the compliance program. By promoting and rewarding employees who adhere to the code of conduct, organizations can create a culture of compliance and operationalize it fully.

Balancing these factors can be challenging. Organizations must weigh the tradeoffs involved in cascading compliance goals, clarifying goals, and addressing high-risk areas. They must also consider the challenges associated with monitoring and auditing, as well as the importance of root cause analysis and employee retention.

What are the 10 questions you should ask to test, monitor and improve these issues?

  1. How are compliance goals cascaded down to individual workers?
  2. Does anyone complain that your compliance targets are too complex?
  3. How do you deal with repeated compliance failures in a specific business segment or compliance program area?
  4. How does your company show that attracting and developing talent who will engage in ethical business conduct is a top priority?
  5. How long is compliance underperforming tolerated?
  6. What makes it distinctive to work at your company?
  7. How do compliance programs that are not working typically get exposed and remediated?
  8. What key compliance indicators do you use for compliance tracking?
  9. For a given compliance problem, how do you identify the root cause?
  10. What are you doing to retain your top employees from the compliance perspective?

In conclusion, operationalizing compliance is a key component of an effective compliance program. By considering the interconnectedness of targets, clarity and comparability of goals, the role of HR, continuous improvement and performance tracking, root cause analysis, and employee retention, organizations can successfully operationalize compliance and prevent future compliance failures. It is crucial to strike a balance between these factors and consider the impact on employees when making decisions about operationalizing compliance and root cause analysis.