Day: September 26, 2023

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Data Driven Compliance

Data Driven Compliance: Ari Tulla on Data for the Body

Do you need help keeping up with your business’s ever-changing compliance programs? Look no further than the award-winning Data Driven Compliance podcast, hosted by Tom Fox, featuring an in-depth conversation around the uses of data and data analytics in compliance programs. Data Driven Compliance is back with another exciting episode. The intersection of law, compliance, and data is becoming increasingly important in cross-border transactions, mergers, and acquisitions.

Today, we take things differently as Tom Fox visits with Ari Tulla, founder and CEO at ELO. Ari is a tech entrepreneur and healthcare innovator with a background in the tech sector who has made significant strides in personalized nutrition and healthcare. Ari believes that the future of healthcare lies in the convergence of healthcare and food systems, envisioning a future where personalized nutrition plans are prescribed to patients alongside their medication. This perspective is shaped by his experiences navigating the healthcare system during his wife’s health issues and his belief in the importance of behavioral changes and lifestyle improvements over-reliance on medication alone. His company, ELO Health, embodies this vision by offering smart supplements based on individual data and blood biomarkers, aiming to prevent and reverse chronic conditions through personalized dietary plans. Join Tom Fox and Ari Tulla on this Data Driven Compliance podcast episode to learn more about Ari’s revolutionary approach to personalized nutrition and healthcare.

Highlights Include:

  • The Intersection of Healthcare and Nutrition
  • Revolutionizing Nutrition with Personalized Smart Plans
  • The Future of Prescribed Nutrition for Healthcare
  • Finding Meaning and Purpose in Healthcare
  • Revolutionizing Healthcare through Personalized Nutrition Plans

Resources:

Ari Tulla on LinkedIn

ELO

 Tom Fox 

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31 Days to More Effective Compliance Programs

One Month to More Effective Written Standards: Day 16: Policies on Facilitation Payments

From the information provided by the DOJ in Opinion Releases and in enforcement actions, there are several different insights which may be drawn on regarding what should go into your policy on facilitation payments. Do not forget that facilitation payments must be accurately shown on the books and records of your company. In all cases the employee who requested permission to make the facilitation payment must be responsible for obtaining all required approvals and forwarding a copy of the approvals and any other relevant supporting documentation as required, so that the it is recorded as a facilitation expense in the books and records and maintained in a central file. Facilitation payments should not be recorded as consulting fees, entertainment expenses, or other types of expenses that may misrepresent the true nature of the payments.
There may be emergency situations when it will be difficult or impossible for employees to obtain approvals before having to decide whether or not to pay a facilitation payment. If the facilitation payment is made in an emergency, the employee reports the facilitating payment to the compliance department and explains the emergency as soon as practical after making the facilitation payment.

Three key takeaways:

  1. What was the amount of the facilitation payment?
  2. Was the action truly routine?
  3. How high up was the government official who received the facilitation payment? Was his or her decision discretionary?

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

Categories
Blog

Non-Retaliation and Protections for Those Speak Up

I recently concluded a podcast series with Case IQ. Over this series, I visited with Sharlyn Lauby, Jakub Ficner, Kenneth McCarthy, and Meric Bloch on the different facets of a great speak-up regime and how each of those facets will improve your corporate culture. We tackled such topics as the indicia of a great corporate culture, the importance of triage and internal investigations in improving corporate culture, non-retaliation and protections for those who speak up, tying your entire system of speaking up to improving culture, and will conclude with some thoughts on how an entire system of speaking up drives corporate culture to be better run and, at the end of the day, more profitably. This blog post series will expand on these topics. Part 2 considers the need for non-retaliation and affirmative protections for those who speak up with Kenneth McCarthy.

Kenneth McCarthy retired from the Canadian Public Service in 2020 and created Integrity by McCarthy Inc. to raise the bar on how organizations prevent and resolve incidents of workplace harassment, violence, wrongdoing, and fraud. He has seen the devastating consequences on individuals and organizations and set out to make a difference. McCarthy has led a workplace investigation program for a workforce of over 15,000 employees. He has also provided executive oversight in more than 500 workplace investigations and has designed and delivered investigation training sessions to 500 front-line managers.

Sexual harassment retaliation is a pervasive issue that creates a toxic work environment and discourages victims from reporting incidents. McCarthy stressed the importance of addressing sexual harassment retaliation and encouraging workplace reporting, which was discussed in detail. He highlighted a case where women who reported harassment faced severe retaliation, leading to a loss of trust in the reporting process. This fear of being labeled a “rat” or “gossip” often prevents victims from coming forward and seeking justice. To combat this issue, non-retaliation protocols are crucial to protect individuals and ensure legal compliance.

McCarthy emphasized the significance of non-retaliation protocols in encouraging reporting. He shared a disturbing case from his government days, where individuals who reported sexual harassment expressed regret and advised others to stay silent. The retaliation they faced was systemic and created an environment where they could no longer work with their colleagues.

The fear of retaliation is deeply rooted in the perception of being a whistleblower or complainant. McCarthy underlined the importance of having strong policies, consequences for violators, and open workplace conversations to empower bystanders. Bystanders play a crucial role in identifying and reporting harassment but often fear retaliation or loyalty conflicts.

McCarthy’s vision is for individuals to report concerns without even realizing they are whistleblowers or complainants. This can be achieved by fostering a culture where employees feel comfortable sharing any observations that don’t feel right. Real conversations between middle and senior managers and their staff are essential to emphasize the importance of raising concerns, no matter how small they may seem.

He also highlighted the need for confidentiality in reporting processes. Protecting the identity of whistleblowers and complainants is crucial to ensure their safety and prevent further retaliation. McCarthy emphasized the importance of continuous monitoring and promptly addressing incidents. You need a culture that provides resources for workplace issues and emphasizes the importance of bystander involvement, strong retaliation policies, and confidentiality in reporting processes. Organizations can create a safer and more inclusive work environment by encouraging bystanders to come forward and protecting them when they do.

Balancing the factors involved in addressing sexual harassment retaliation and encouraging reporting is challenging. Employers must navigate the tradeoffs between protecting individuals and maintaining the integrity of the reporting process. However, the long-term benefits of creating a workplace where harassment is not tolerated far outweigh the challenges.

The Me-Too movement has highlighted that addressing sexual harassment and discrimination is not solely the responsibility of the victims. Everyone is responsible for speaking up when they witness inappropriate behavior, regardless of whether it directly affects them. This shift in mindset is crucial to creating a culture of accountability and support.

In conclusion, addressing sexual harassment retaliation and encouraging workplace reporting requires a multifaceted approach. Strong non-retaliation protocols, open workplace conversations, and the empowerment of bystanders are key factors in creating a safe and inclusive work environment. By prioritizing the well-being of employees and fostering a culture of trust, organizations can effectively combat sexual harassment and ensure compliance with legal and regulatory requirements.

Join us tomorrow to discuss the importance of your triage and investigation process to foster a culture of speaking up.

Listen to Kenneth McCarthy on Innovation in Compliance here.

Categories
Daily Compliance News

Daily Compliance News: September 26, 2023 – The Deutsch Bank Fined Again 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.

  • Get on or off the train.  (FT)
  • Menendez defiant. (ABC News)
  • De-risking in China. (FT)
  • Deutsch Bank fined for greenwashing. (WSJ)
Categories
Innovation in Compliance

Breaking the Silence: How Speaking Up Enhances Corporate Cultures – Kenneth McCarthy on Non-Retaliation and Protections for Those Speak Up

Welcome to a special five-part podcast series on enhancing corporate culture through a great speak-up regime. This podcast series is sponsored by Case IQ. Over this series, Tom Fox will visit with Sharlyn Lauby, Jakub Ficner, Kenneth McCarthy, and Meric Bloch on the different facets of a great speak-up regime and how each of those facets will improve your corporate culture. They will tackle such topics as the indicia of a great corporate culture, the importance of triage and internal investigations in improving corporate culture, non-retaliation and protections for those who speak up, tying your entire system of speaking up to improving culture, and conclude with some thoughts on how an entire system of speaking up drives corporate culture to be better run and, at the end of the day, more profitably. In Part 2, Tom Fox visits with Kenneth McCarthy on the importance of non-retaliation and protections for those who speak up.

Kenneth McCarthy is a seasoned professional with a diverse background in government and entrepreneurship and a wealth of experience in handling whistleblowers, including sexual harassment cases. Kenneth’s perspective on addressing sexual harassment retaliation and encouraging reporting in workplaces is rooted in his belief in the importance of non-retaliation protocols and processes. He emphasizes the need to create a safe and supportive environment for individuals to report concerns, particularly in cases of sexual harassment. Drawing from personal experiences, he has seen the damaging effects of retaliation on individuals’ willingness to speak up and the potential legal and reputational implications for employers who fail to protect whistleblowers. Join Tom Fox and Kenneth McCarthy as they delve deeper into this topic in this episode.

 Key Highlights:

  • Systemic Retaliation in Sexual Harassment Cases
  • Creating a Safe Reporting Environment
  • The Crucial Role of Empowered Bystanders
  • Encouraging Bystanders: Protecting and Supporting Witnesses

Resources:

Kenneth McCarthy on LinkedIn

Integrity by McCarthy

Case IQ

Categories
Blog

The Podcasting for Business Conference

I recently had the opportunity to visit with Megan Dougherty, co-founder of One Stone Creative. One Stone Creative is a premier podcast production company focusing on business podcasting. Megan is also one of my podcast partners as we co-host the podcast Because That’s What Heroes Do, where we explore our joint love of SciFi movies, streaming, and TV series. During our visit, we virtually discussed One Stone Creatives’ upcoming Podcasting for Business Conference from November 13-15, 2023.

The Conference will focus on top strategies and best practices for effective business podcasting. The Conference will cover a range of important factors that impact the success of a business podcast, including interviewing techniques, collaboration with remote teams, podcast reach, guest selection, and real-life examples of podcasts connecting brands with audiences. To end the Conference, Megan will present One Stone Creative’s annual State of Business Podcasting Report, which provides valuable insights and data on best practices for podcasting.

One of the keys to a successful business podcast is the importance of effectively translating complex information to a layperson audience in the podcast format. The Conference will focus on interviewing strategies, centering on how podcast hosts can ensure that their audience can understand information shared by experts. This is particularly crucial for business podcasts, as they often aim to educate and inform listeners about specific topics related to their industry.

Collaboration with remote teams was another important aspect is another important aspect of business podcasting, as many businesses rely on either internal team members or third-party service providers to manage their podcasts. We highlighted the various ways to effectively collaborate with remote teams, including communication, project management, and editing processes. This is especially relevant in today’s remote work environment, where businesses increasingly rely on virtual collaboration.

We also discussed the concept of a holistic podcast reach, emphasizing that podcast downloads are just the tip of the iceberg when measuring a podcast’s impact and value. We discussed the significance of considering social media tools and other engagement metrics to understand a business podcast’s reach and effectiveness fully. Businesses can leverage social media marketing strategies to amplify their podcast’s impact by taking a comprehensive view of podcast reach.

We also touched on the strategic selection of guests and its impact on podcast results. Megan highlighted the case of Mary Ann Faremouth, who successfully leveraged her podcast to connect with her target audience and achieve business growth. We emphasized the importance of careful and strategic guest selection, regardless of download numbers. We showcased how guest selection can significantly influence the reach and impact of a podcast. Mary Ann will be a featured speaker at the Conference.

As noted above, Megan will present the annual One Stone Creative State of Business Podcasting Report, which provides valuable insights and data on best practices for podcasting. The report analyzes the top 100 business podcasts based on various criteria, such as social media presence, episode length, and cover art. It offers podcasters and business owners a comprehensive understanding of what works in podcasting and how to apply the latest data to their podcasts.

The Podcasting for Businesses will provide valuable insights into strategies and best practices for effective business podcasting. It highlighted the importance of clear communication, collaboration with remote teams, holistic podcast reach, strategic guest selection, and data-driven decision-making. By considering these factors, businesses can create impactful podcasts that connect with their target audiences and support their overall marketing strategies.

As Megan Dougherty stated in the episode, “It’s important to make decisions that are appropriate for your business and your podcast.” While there are general best practices to consider, it’s crucial to tailor these strategies to each business’s specific needs and goals. By doing so, businesses can maximize the value and reach of their podcasts and achieve their desired outcomes.

Podcasting for your business differs from podcasting as a passion project or even as a business in and of itself. Businesses and business owners have specific needs for their content marketing – a company podcast is one of many things an entrepreneur or marketing manager works on every week. That means they need to be efficient, and they need to be effective. But a lot of the content out there, while highly valuable, does not consider a company show’s unique needs and opportunities. The Podcasting for Business Conference is an event bringing together experts from across the podcast and content marketing industries to provide training and support to people podcasting as part of their work.

To get things rolling for the Podcasting For Business Conference, One Stone Creative is holding a workshop on November 7th called Your Unique Success Metrics – And How to Track Them. Knowing what success means for your show and measuring whether you are getting it is a game changer for podcasters, and it can also improve your experience of the Conference! When you know exactly what success will mean for your podcast, you can focus on developing the skills and relationships you need to make it happen.

Resources:

Megan Dougherty on LinkedIn

One Stone Creative

Podcasting for Business Conference

Categories
Principled Podcast

Season 10 Episode 3 – Transparency and Disclosure: Unpacking the “E” of ESG Reporting

What you’ll learn on this podcast episode

Environmental, social, and governance, or ESG, has been in the news a lot lately—particularly the “E” when it comes to new and evolving regulations. There’s been a greater push in the United States for transparency and disclosure of data regarding businesses’ environmental impact, driven largely by the Securities and Exchange Commission and the National Advertising Division of the Better Business Bureau. In fact, California is expected to soon be the first US state to require company reporting related to environmental impact. So, what does this all mean for companies that are working to become more sustainable? How do you even begin to report on emissions and environmental impact? In this episode of LRN’s Principled Podcast host Eric Morehead explores how transparency plays a crucial role in corporate sustainability with Andrea Peters, the senior counsel of Interface. 

Guest: Andrea Peters

Andrea Peters – Grayscale

Andrea Peters is senior counsel for Interface, Inc., a global commercial flooring company (NASDAQ: TILE).  In her role, she provides legal support for the company’s global operations, including Research & Development, Sales, Marketing, Procurement, Tax and Human Resources, and she also manages Interface’s global compliance program. Andrea has over 26 years of legal experience, over two-thirds of which comes from working in-house at companies such as Interface, CAN Capital, The Weather Channel, the General Electric Company and GAMBRO Healthcare.   

Andrea earned her J.D. from the Vanderbilt University School of Law and her Bachelor of Arts degree in Advertising from the Pennsylvania State University, where she was the student marshall (valedictorian) for the College of Communications. 

Andrea resides in Atlanta with her 10-year-old daughter.  She has gone sky diving twice, bungee jumping once, and ziplining once. She enjoys cooking, wine and travel. When she retires, Andrea plans to go back to college to audit all of the hard but interesting classes without worrying about writing papers or taking exams. 

Host: Eric Morehead

Headshot_Principled Podcast_Eric Morehead

Eric Morehead is a member of LRN’s Advisory Services team and has over 20 years of experience working with organizations seeking to address compliance issues and build effective compliance and ethics programs. Eric conducts program assessments and examines specific compliance risks, he drafts compliance policies and codes of conduct, works with organizations to build and improve their compliance processes and tools, and provides live training for Boards of Directors, executives, managers, and employees.

Eric ran his own consultancy for six years where he advised clients on compliance program enhancements and assisted in creating effective compliance solutions.

Eric was formally the Head of Advisory Services for NYSE Governance Services, a leading compliance training organization, where he was responsible for all aspects of NYSE Governance Services’ compliance consulting arm.

Prior to joining NYSE, Eric was an Assistant General Counsel of the United States Sentencing Commission in Washington, DC. Eric served as the chair of the policy team that amended the Organizational Sentencing Guidelines in 2010.

Eric also spent nearly a decade as a litigation attorney in Houston, Texas where he focused on white-collar and regulatory cases and represented clients at trial and before various agencies including SEC, OSHA and CFTC.