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31 Days to More Effective Compliance Programs

31 Days to a More Effective Compliance Program: Day 3- Key Updates in the ECCP: Messaging Apps, Internal Controls, and Compensation

Welcome to a special podcast series on the Compliance Podcast Network, 31 Days to a More Effective Compliance Program. Over these 31 days series in January 2025, I will post a key part a best practices compliance program each day. By the end of January, you will have enough information to create, design or enhancement a compliance program. Each podcast will be short, at 6-8 minutes with three key takeaways that you can implement at little or no cost to help update your compliance program. I hope you will plan to join each day in January for this exploration of best practices in compliance.

In today’s episode, we delve into the significant updates in the evaluation of corporate compliance programs, focusing on messaging apps, internal controls, and adequate compensation. The revised language in the ECCP highlights the DOJ’s increased scrutiny on the use of messaging apps, emphasizing the need for tailored policies that align with a company’s specific risks and business needs. We also discuss the critical importance of internal controls as minimum expectations set by the DOJ, and the necessity of continuous monitoring to manage these risks effectively. Lastly, we examine the newly added provisions related to adequate compensation, ensuring that compliance teams are empowered and protected against retaliation. The episode concludes by summarizing three key takeaways for compliance professionals: the growing importance of communications compliance, the need for robust and functional internal controls, and the imperative of adequately compensating compliance personnel.

Key Highlights

  • Messaging Apps and Compliance
  • Internal Controls and Risk Management
  • Adequate Compensation for Compliance Teams

Resources

Listeners to this podcast can receive a 20% discount to The Compliance Handbook, 5th edition by clicking here.

Categories
Classroom Insiders

Classroom Insiders, Season 2- Exploring Insider Trading and Cryptocurrencies: SEC v. Wahi

Welcome to Season 2 of Classroom Insiders, a podcast with Professor Karen Woody and her Insider Trading Seminar students from Washington and Lee University. They explore the arc and evolution of insider trading over the last century. Each episode will feature a discussion between Karen Woody and students about insider trading and regulation. Find out what the future lawyers of the university think about past and current legislation and learn more about this fascinating area of law.

In this episode of Classroom Insider, Professor Woody discusses insider trading with law students Cody and Kevin. The trio takes a deep dive into the SEC v. Wahi case. The case involves the Coinbase crypto trading platform, where insider information about cryptocurrency listings was leaked by an employee to friends, enabling them to trade and profit before the information became public. The discussion underscores the intertwining of classical and misappropriation theories of insider trading, especially in the novel context of cryptocurrencies.

The episode further delineates how the securities regulation landscape is adapting to new financial instruments like cryptocurrencies and NFTs, referencing cases like Chiarella, Carpenter, and Chastain to provide a comparative analysis. The conversation evokes critical thoughts on the SEC’s jurisdiction in crypto markets and whether such activities should be classified under insider trading laws. As the legal boundaries expand, the trio anticipates continuous evolution in regulatory approaches towards insider trading and cryptocurrencies.

Key Highlights

  • Case Introduction: SEC vs. Wahi
  • Details of the Case
  • Legal Theories and Jurisdiction
  • Opinions and Takeaways

Resources

Washington and Lee School of Law

Professor Karen Woody