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Everything Compliance

Everything Compliance – The Albemarle 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 special guests Karen Moore and Kristy Grant-Hart, with Tom Fox hosting. Our topic today (with the exception of Mr. Armstrong) is the recently announced Albemarle FCPA enforcement action with both the DOJ and SEC. We conclude with our always popular and fan-favor Shout Outs and Rants.

1. Matt Kelly provides an overview of the enforcement action. He rants about former House Speaker Kevin McCarthy and the GOP’s desire for chaos rather than governing.

2. Guest Karen Moore takes a deep dive into the SEC FCPA enforcement action involving Albemarle. She rants about lawyer fees over $2000+ per hour.

3. Tom Fox shouts out to the MLB playoffs and pays tribute to Dick Butkus.

4. Guest Kristy Grant-Hart takes a deep dive into the holdback provision noted in the DOJ enforcement action.

5. Jonathan Armstrong reviews CEOs misbehaving and the corporate response. He shouts out Kortney Nordrum for her presentation on what it is like to go through a data breach.

The members of the Everything Compliance are:

•       Jay Rosen– Jay is Vice President of 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.

•       Special Guest Kristy Grant-Hart is the founder of Spark Consulting.

•       Special Guest Karen Moore is an Adjunct Professor at Fordham University School of Law

The host and producer, ranter (and sometimes 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.

Categories
Daily Compliance News

Daily Compliance News: October 12, 2023 – The Unfreeze 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 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.

Stories we are following in today’s edition:

  • OECD approves tax treaty for digital giants. (FT)
  • CA law requires companies to report carbon emissions. (BBC)
  • When the ex testifies-Day 2. (NYT)
  • Belgium to unfreeze frozen Russian assets. (WSJ)
Categories
Pawtastic Friends - The Paw Talk

Pawtastic Friends – The Paw Talk – Chancy, Scooby & Bryce

Welcome to Pawtastic Friends Paw Talk. In this podcast, host Tom Fox will visit with Michael and Melissa Novelli, co-founders of Pawtastic Friends, as well as those who work with them at Pawtastic Friends. Michael and Melissa are dedicated to helping shelter and rescue dogs in the Las Vegas area become more adaptable through enrichment training and activities such as yoga and aquatics training, as well as obedience and agility. This podcast is sure to tug on your heartstrings. Just listen to how sweet this one dog is! Tune in now to hear more from Michael and Melissa Novelli as they discuss their passion for helping pups in need. Get ready for an exciting episode of Pawtastic Friends – The Paw Talk!

Mike Novelli and Melissa Novelli are dedicated individuals deeply involved in the Pawtastic Friends program, which is aimed at enhancing the lives of shelter dogs. Mike Novelli, with his wealth of knowledge about the number of dogs adopted through the program, is passionate about the impact it has on shelter dogs’ lives. He expresses excitement and admiration for the number of dogs that have been adopted through the program and acknowledges the crisis of too many dogs and not enough fosters or owners in Las Vegas.

Melissa Novelli, the co-founder of the Pawtastic Friends program, emphasizes the importance of providing enrichment training and proper care for shelter dogs. She highlights the success of the program in changing lives and saving lives and emphasizes the need for community support and donations to continue their work. Join Tom Fox, Mike Novelli, and Melissa Novelli on this episode of the Paw Talk podcast as they delve deeper into the Pawtastic Friends program and its impact on the lives of shelter dogs.

Dogs Featured: 

  • Chancey Romancy
  • Scooby
  • Bryce

Quotes:

“He’s the most important pup that’s here.”

“This is the highlight of his week. This is what he lives for and enjoys, we’re not going to take that away from him.”

“When Bryce first started coming in, he was a little biter, and he just was a little timid, a little scared. That’s why he bit. And after weeks of training, you could just see that he and our trainer had this bond like he never bit her. When he saw her, he was in heaven. And with her kind guidance and all the skills that she taught him, he just really thrived and flourished.”

Resources:

Pawtastic Friends

Categories
Innovation in Compliance

2023 Global Business Ethics Survey: Part 4 – The Importance of a Strong Ethical Culture

The Global Business Ethics Survey (GBES) conducted by the Ethics & Compliance Initiative (ECI) provides valuable insights into workplace ethics and compliance from the perspective of employees. Tom Fox recently had the opportunity to visit with ECI CEO Pat Harned on the 2023 GBES. This survey has become a reliable benchmark for organizations to compare their workplace culture with third-party research, allowing them to identify areas for improvement and address potential risks.

Over the past 30 years of GBES research, ECI has identified and proven that certain “outcome” metrics are indicative of the well-being of workplaces from an ethics & compliance perspective. In this, the largest and latest update to the GBES body of research, employees in 42 countries around the world told us that there is reason for concern. In Part 4 of a five-part podcast, we explain why companies need a strong ethical culture and high-quality compliance program.

The 2023 GBES strongly advocates for the establishment of a robust ethical culture in businesses. Pat Harned’s insights reveal that many employees need to operate within a strong ethical culture, and they stress the need for businesses to not only meet minimum standards but also strive for high-quality programs that transform company culture and operations. Pat believes that leaders should model ethical behavior and actively promote program activities that positively influence conduct and minimize the risk of non-compliance. Join Tom Fox and Pat Harned as they delve deeper into this topic on the 2023 GBES podcast episode.

Key Highlights:

  • Building a Strong Ethical Culture in Business
  • Transforming Organizational Culture through Ethics and Compliance
  • What is a high-quality compliance program?

Join us in Part 5, where we discuss how a compliance professional can use this information in their corporate compliance program.

Resources

ECI

2023 Global Business Ethics Survey

Blog Post on the 2023 GBES, Part 4

Categories
Blog

2023 Global Business Ethics Survey: Part 4 – The Importance of Implementing a Strong Ethical Culture

In a recent ECI podcast series, I had the opportunity to visit with Pat Harned, CEO of ECI. We took a deep dive into the 2023 Global Business Ethics Survey (GBES), which revealed concerning trends in workplace ethics. The survey highlighted increased employee pressure, misconduct, and retaliation against whistleblowers. These findings underscore the need for organizations to implement robust ethics and compliance programs, including formal anti-retaliation measures. In Part 4 of this blog post in this series, we consider the importance of implementing a strong ethical culture in an organization.

Pat strongly advocates for the establishment of a robust ethical culture in businesses, a perspective shaped by their extensive experience in the field, including their significant role in conducting the 2023 GBES. Harned’s insights reveal that many employees do not operate within a strong ethical culture, and they stress the need for businesses to not only meet minimum standards but also strive for high-quality programs that transform company culture and operations. Harned believes that leaders should model ethical behavior and actively promote program activities that positively influence conduct and minimize the risk of non-compliance.

Two of the key findings from the GBES revealed that only 13% of employees believe they work in a strong ethical environment, indicating a pressing concern in today’s business landscape.

Key Finding: 5 – Few employees say they work in a strong ethical culture.

One of the key findings was that businesses are not taking the necessary steps to reduce their risk significantly. The survey found that only 30% of companies globally have implemented foundational elements of an ethics and compliance program. This lack of focus on ethics is alarming, as organizations with high-quality programs are more likely to have a strong ethical culture and positively impact conduct.

Building a strong ethical culture requires prioritizing key components of a high-quality program. These components include setting clear standards, providing training, establishing reporting systems, and ensuring consistent discipline for violations. By implementing these elements, organizations can foster a culture where employees believe that ethical standards matter and feel comfortable reporting wrongdoing.

However, achieving a strong ethical culture is not without its challenges. Balancing different factors and tradeoffs is necessary. For example, organizations must find a balance between setting clear standards and allowing flexibility for innovation and growth. They must also consider the impact of their decisions on stakeholders, including employees, customers, and the wider community.

Key Finding: 6 – Businesses are not taking the steps that are proven to reduce their risk significantly.

We also saw surprising findings regarding the countries with the highest and lowest percentages of employees working in ethical, solid cultures. Egypt and Colombia were listed as the countries with the highest percentages, while Japan and South Korea were at the bottom. This highlights the complexity of ethical culture, as it is not solely determined by cultural mores but also by trust in leaders and the extent to which employees feel welcome to voice concerns.

To address weaknesses and improve ethical culture, organizations can utilize the findings from the survey. The ECI report provides metrics that can help compliance professionals identify areas for improvement and address weak points in their programs. By focusing on the behaviors of top managers and supervisors, modeling expected conduct, and creating an environment where employees feel comfortable raising concerns, organizations can strengthen their ethical culture.

The episode also emphasized the importance of a high-quality program effort, as defined by the ECI. Organizations that go above and beyond the minimum standards and truly transform their culture are 546% more likely to have a strong ethical culture and 467% more likely to impact conduct and reduce the risk of non-compliance positively. The ECI has outlined key components of a high-quality program, including clear standards, training, helpline reports, leadership engagement, and consistent discipline.

In conclusion, the importance of implementing a strong ethical culture in businesses cannot be overstated. The findings from the Global Business Ethics Survey highlight the need for organizations to prioritize ethics and compliance programs. By focusing on key components of a high-quality program and addressing weaknesses, organizations can foster a culture where ethical standards are valued, misconduct is reported, and risk is significantly reduced. Achieving a strong ethical culture requires a careful balance of different factors and a commitment to continuous improvement.

To access the 2023 GBES report and obtain more information about ECI, interested individuals can visit the organization’s website at www.ethics.org. The report provides a summary of the findings, while an interactive website allows users to explore the data in more detail.

 Join us in our concluding Part 5, where we discuss how a compliance professional can use this information in their corporate compliance program.

For more information, check out the ECI podcast series with Pat Harned discussing the GBES here.

Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Innovation: Day 9 – The Competitive Advantage of Data

The DOJ and SEC have both made it clear that they expect companies to be more robust in their use of data analytics in compliance programs. This means using data not only to detect and prevent illegal conduct but also in the remediation prong of any best practices compliance program through continuous improvement. In 2019, former Deputy Assistant Attorney General Matthew Miner said in a speech that the DOJ will inquire whether compliance departments have access to internal data that could help them identify misconduct and whether compliance officers make adequate use of data analytics in their reviews of companies under investigation. Since at least 2016, in the FCPA enforcement action involving Key Energy Services, Inc., the SEC has been communicating to compliance professionals the need for increased use of data and data analytics in any compliance program.

The bottom line is that it is not if but when you begin to incorporate corporate information into your compliance program to make your compliance program more efficient, and your business process run more effectively. Let’s start now to identify the data you have access to and the data to which you currently do not have access. Find a way to bridge that gap.

Three key takeaways:

  1. DOJ pronouncements mandate CCO availability to and use of data.
  2. Data can be an actionable solution across geographic and business lines.
  3. Use data as a business strategy.

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