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Trekking Through Compliance

Trekking Through Compliance – Episode 19 – Tomorrow is Yesterday

In this Trekking Through Compliance episode, we consider Tomorrow is Yesterday, aired on January 26, 1967, Star Date 3113.2.

The USS Enterprise is thrown back in time to Earth during the 1960s by the effects of a high-gravity “black star.” Enterprise ends up in Earth’s upper atmosphere, is picked up as a UFO on military radar, and photographed by a USAF jet. Fearing the pilot could disrupt the timeline if returned to Earth, Kirk at first decides that the pilot must stay with the Enterprise. After learning of the existence of film taken off the Enterprise by Christopher’s wing cameras, Kirk and Sulu beam down to the airbase to recover the film and any other evidence of their visit.

After they return to the ship, Spock and Chief Engineer Scott inform Kirk of a possible escape method: slingshotting around the Sun to break away and return to their time. Kirk okays the maneuver, and time on board slows down. The Enterprise then successfully returns to the 23rd century.

Commentary

In Episode 19 of ‘Trekking Through Compliance,’ host Tom Fox explores the Star Trek episode ‘Tomorrow is Yesterday’ to highlight important compliance lessons. The episode centers on the Enterprise crew’s accidental trip back to 1960s Earth and their efforts to minimize disruption to the timeline.

Key compliance takeaways include:

  • the importance of systematic information gathering,
  • minimizing disruption,
  • leveraging contextual clues,
  • adapting communication styles, and
  • judicious use of technological advances.

These insights are tied back to core compliance and investigative practices, offering practical advice for compliance professionals.

  • Episode Summary: Tomorrow is Yesterday
  • Key Compliance Takeaways
  • Lesson 1: Systematic Information Gathering
  • Lesson 2: Minimizing Timeline Disruption
  • Lesson 3: Leveraging Contextual Clues
  • Lesson 4: Adapting Communication Styles
  • Lesson 5: Judicious Use of Technology
  • Conclusion and Final Thoughts
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Blog

Enterprise Risk Assessment: Essential Strategies for Compliance Professionals

An Enterprise Risk Assessment is fundamental to managing an organization’s strategic and operational landscapes. For compliance professionals, navigating the intricate world of risk can be particularly complex yet crucial. It includes risk identification, analysis, risk assessment, management, ongoing monitoring, and continuous improvement. The enterprise risk assessment process helps organizations to identify and manage potential risks proactively, allocate resources more effectively to address the most critical risks, improve decision-making and strategic planning, enhance resilience and adaptability to changing conditions, comply with regulatory requirements and industry standards, and protect the organization’s reputation and stakeholder confidence.

It all begins with identifying risk, as the first step in enterprise risk management is identifying potential risks. These areas can include consulting management and executive leadership. Often, key insights come from asking management about what concerns them the most. These discussions can provide a broad view of issues that could become significant risks. You can analyze your competitors by reviewing competitors’ regulatory filings, such as the 10-K and 10-Q reports. This can allow you to identify risks that are common in the industry. You can review litigation patterns: By regularly understanding the types of litigations your company faces, you can pinpoint areas that require mitigation. It can also come through a manner as straightforward as your daily interactions in regular conversations with employees across different functions, which can bring to light operational risks that are not immediately apparent.

The next crucial step is assessing these risks. Here, you should design and calculate both inherent and residual risks. An inherent risk is a level of risk without any controls. For instance, a company with significant foreign operations inherently has a higher risk concerning the Foreign Corrupt Practices Act (FCPA). A residual risk is determined when, after implementing control measures, the remaining risk is termed residual risk. This reflects how effective the control measures are in mitigating the identified risks.

A company with only a domestic company would generally have a low inherent FCPA risk, whereas a multinational corporation would face high inherent risks due to its global operations.

From there, you should assess the risks you have determined. You should prioritize the identified risks based on residual risk levels, focusing on the highest-priority risks requiring immediate attention and action. This helps the organization allocate resources and attention to the most critical risks.

You must also evaluate whether the residual risk levels for each identified risk are within the organization’s defined risk appetite and tolerance thresholds. Identify any risks that exceed the organization’s risk appetite and require further risk treatment or mitigation measures.

The next step is your overall risk management strategy. This will depend on the position of various risks on a heat map, a visual representation of risks based on their impact and likelihood. It starts with high-impact, low-likelihood risks that fall into the quadrant, such as cybersecurity threats, which can be managed by transferring them to third parties via insurance policies. Next are high-impact, high-likelihood risks, requiring robust internal controls to minimize occurrence. Finally, low-impact, low-likelihood risks can be monitored and accepted without intensive mitigation efforts. A key part of risk management involves continuous monitoring and reassessment, reflecting the dynamic nature of the business environment. For instance, the shift to remote working during the COVID-19 pandemic introduced new risks that required novel mitigation strategies.

Determining an organization’s risk appetite involves discussing it with executive leadership and possibly the board of directors. It’s about balancing taking on certain risks and having strategies to manage them effectively. Risk appetite discussions often revolve around the results of the risk assessments. The objective is to align the company’s strategies with its willingness and ability to tolerate various risks.

A critical challenge in risk assessment is achieving consensus when there are differences in risk perceptions. Some methods for bridging this gap include:

  • Pre-Surveying Key Stakeholders: Stakeholders are surveyed for risk rankings before detailed discussions.
  • Calibration Sessions: These sessions involve detailed discussions among knowledgeable stakeholders aligned against the survey results and the risk assessment calculations.
  • Iterative Adjustments: Participants agree upon the risk scores through a structured dialogue, ensuring that the assessment is robust and reflective of collective insights.

Complex businesses with specific risk factors, like those in the technology or healthcare sectors, might require deep-dive assessments. These assessments focus intensely on areas such as cybersecurity or regulatory compliance, providing detailed insights into the broader risk management framework.

Resistance to implementing risk mitigation strategies can be a significant hurdle, especially for low-likelihood but high-impact risks. You should ensure that all recommendations and management refusals are well-documented. This protects the compliance team and provides a clear record should issues arise. You can also explore insurance options for transferring specific risks, making compliance a cost-effective ally to business operations.

Effective enterprise risk management is a continuous, multi-faceted process that balances risk identification, assessment, mitigation, and monitoring. By leveraging structured methodologies and collaborative approaches, compliance professionals can ensure that their organizations are well-prepared to navigate the complex global risk landscape. Understanding and managing enterprise risks is not just about compliance—it’s about fostering a resilient, proactive, and forward-thinking organizational culture.

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Compliance Tip of the Day

Compliance Tip of the Day: Data Analytics for Law and Compliance

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law.

Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In today’s episode, we explore the intersection of data analytics and both law and compliance.

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

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Daily Compliance News

Daily Compliance News: June 20, 2024 – The Beyond the ‘G’ 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.

In today’s edition of Daily Compliance News:

  • Why the ’G’ in ESG is the key.  (Forbes)
  • China fights ‘deep-seated’ corruption in the armed forces. (Reuters)
  • Trafigura spanked for impeding whistleblowers. (WSJ)
  • ROAR in retirement. (NYT)

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

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Everything Compliance

Everything Compliance: Episode 136 – The Great Women in Compliance Edition

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. In this episode, we have a very special group of guest panelists and one special guest host—some of the great women in compliance.

In this special episode, Everything Compliance is by Kristy Grant-Hart, and the guest panelists include Karen Woody, Karen Moore, Lisa Fine, and Hemma Lomax.

1. Karen Woody takes a deep dive into the current evolution of Caremark in Delaware. She raves about her alma mater, UVA, making the college baseball World Series and about this special GWIC-inspired edition of Everything Compliance.

2. Host Kristy Grant-Hart shouts out to Rachel Rodgers, author of We Should All Be Millionaires, and her call to action for women to lead more in politics, business, and entrepreneurship.

3. Karen Moore explores whether Boeing will be prosecuted under its current DPA. She sends sympathies to the family of John Barnett, the Boeing whistleblower who died.

4. Lisa Fine takes a deep dive into the recent acquittal of Mike Lynch in his criminal case for the sale of Autonomy to HP. In her Raves and Rants segment, she has two raves. First to all the Dads out there, Happy Father’s Day!  Her second is Compliance Week, retiring EIC Kyle Brasseur for his tenure at Compliance Week.

5. Hemma Lomax goes into a deep rant about compliance training. She raves about Everything Compliance for its first Great Women podcast and Jiminy Cricket, whose signature phrase is “Let your conscience be your guide.”

 

The members of this special episode of Everything Compliance are:

Karen Woody is one of the top academic experts on the SEC. She is also the co-host of the award-winning podcast, The Woody Report.

Karen Moore is an Adjunct Law professor at the Fordham School of Law.

Lisa Fine is a co-host of the award-winning Great Women in Compliance.

Hemma Lomax is a co-host of the award-winning Great Women in Compliance.

The host of this special episode of Everything Compliance is Kristy Grant-Hart, founder of Spark Compliance and co-host of the award-winning podcast 2 Gurus Talk Compliance.

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Great Women in Compliance

Great Women in Compliance: GWIC and Everything Compliance

Welcome to the Great Women in Compliance podcast on the Compliance Podcast Network, sponsored by Corporate Compliance Insights.

In today’s episode, we have a special episode which is cross-posted with Everything Compliance, which we call Ladies Night: Exploring Compliance in All-Female Podcast Takeover.

In this special Ladies Night edition of the Everything Compliance Podcast, guest host Christy Grant Hart is joined by notable women in compliance as guest panelists,  Karen Woody, Karen Moore, Lisa Fine, and Hema Lomax, for an in-depth discussion.

Topics covered include the complexities of Caremark duties and its recent interpretations, Boeing’s ongoing compliance issues, the implications of the Mike Lynch acquittal on due diligence, and ways to enhance the effectiveness of compliance training. The episode wraps up with each guest sharing their raves, offering insights and reflections on the state of compliance today.

  • Karen Woody on Caremark Duties Explained
  • Karen Moore on Boeing’s Compliance Issues
  • Lisa Fine on the Mike Lynch acquittal and HP’s Acquisition of Autonomy
  • Hemma Lomax on Effective Compliance Training
  • Rants and Raves

You can join the LinkedIn podcast community.
Join the Great Women in Compliance podcast community here.

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Hill Country Artists Podcast

Hill Country Artists Podcast: Laura Williams on Plein – Air Painting and Hunt Art Fair

Delve into the heart of the Texas Hill Country with the award-winning “Hill Country Artists Podcast,” which illustrates and illuminates the vibrant tapestry of art rooted in this iconic region. From the sun-drenched limestone cliffs to the serene Guadalupe River, the Hill Country has been a muse for countless artists, providing a unique backdrop for creativity to flourish.

In each episode, we uncover the stories behind the area’s most captivating artworks, converse with local artists about their inspirations, and explore the fusion of Texan traditions with contemporary artistic expressions.

In this episode, host Tom Fox welcomes Laura Williams, a member of the ‘Magnificent Seven,’ to discuss the thriving local art scenes in Kerrville and Hunt, Texas.

Laura shares insights about the group’s formation and their shows, as well as the evolution and rebranding of the Hunt Art Fair into the Hill Country Artists Art Fair. Key highlights include the diversity of art styles, the supportive artist community, and preparations for upcoming events. Laura also details the beauty of the venue, Bridget’s Basket, and her own artistic endeavors in plein air painting and smaller works inspired by local wildflowers.

Key Highlights:

  • The Hunt Art Fair Origins
  • Rebranding to Hill Country Artists
  • Bridget’s Basket Venue
  • Plein-Air Painting Explained
  • Other Artists at the Fair
  • The Local Art Scene

Hill Country Artists

Hunt Art Fair

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Pawtastic Friends - The Paw Talk

Pawtastic Friends: The Paw Talk – Fanta, Valentino and Will

Welcome to Pawtastic Friends: The 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!

In this episode, we feature Fanta, Valentino, and Will.

Rescue dogs often require extensive training to build their confidence and trust, making the search for their forever homes both critical and challenging. Michael and Melissa Novelli, share a deep understanding of the dedication and patience needed by potential owners. They emphasize the importance of homes that allow dogs like Fanta and Eli, who have had no prior training, to grow at their own pace with continuous support, using Will’s transformation from a dog with severe separation anxiety into a happy pet as an inspiring example.

Michael highlights the unique challenges faced by rescue dogs, such as Eli’s deafness and partial blindness, stressing the need for a supportive environment and the significance of bonding with dogs like Valentino, who requires time and space to trust humans. Melissa underscores the necessity of ongoing commitment from adopters, particularly for special needs dogs, praising dedicated owners like Danny for their unwavering dedication, which helps rescue dogs thrive. Together, their perspectives illuminate the transformative power of love, patience, and continued training in providing rescue dogs with the stability and happiness they deserve.

Quotes:

“A very, very patient homeowners, you know, that are going to be dedicated and committed, that aren’t going to let these dogs down again.” – Michael Novelli

“It’s not just, hey, I’m going to send my dogs to training. They have to share the videos. They have to do promote the dogs, because at the end of the day, the common goal is to get the dog adopted.” Melissa Novelli

“Fanta and Eli have special needs and require basic training to build confidence and trust.” – Mellisa Novelli

 Resources

Pawtastic Friends

Donate to Pawtastic Friends

Pawtastic Friends on Instagram

Pawtastic Friends on Facebook

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FCPA Survival Guide

FCPA Survival Guide: Step 4 – Root Cause Analysis

How can you survive an FCPA enforcement action? In this special podcast series, Tom Fox and Nick Gallo outline the Top 10 things you can do to reduce your overall fine and penalty, perhaps down to a complete declination. All of the actions you can take come from recent DOJ prosecutions under the FCPA and speeches from DOJ representatives. This podcast, sponsored by Ethico, is the companion series to the book The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action. Today, we discuss the DOJ requirement that your remediation begins with a root cause analysis.

In this episode, host Tom Fox and co-host Nick Gallo discuss the importance of conducting a root cause analysis in compliance programs, particularly in light of the recent FCPA enforcement actions highlighting its significance. They use SAP’s approach to root cause analysis as a prime example of effectively identifying and remedying the underlying causes of compliance failures rather than merely addressing symptoms. They relate the human tendency to stop at superficial answers and the importance of discipline in continually asking ‘why’ to uncover true or ‘root’ causes. This approach satisfies regulatory expectations and builds a robust compliance program to prevent future violations. They underline the importance of storytelling in compliance, framing the root cause analysis and subsequent remediation efforts in a narrative that resonates with internal and external audiences, including regulators.

Key Highlights and Issues:

  • The Importance of Root Cause Analysis in Compliance
  • Human Nature and the Challenge of Deep Analysis
  • DOJ’s Expectations
  • The Art of Storytelling in Compliance

 Resources:

Nick Gallo on LinkedIn

Ethico

The FCPA Survival Guide: Surviving and Thriving a Foreign Corrupt Practices Act Enforcement Action

Tom

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