Attorney David Simon joins us to share his expertise on the essence of G in ESG, the responsibilities of compliance practitioners, how lawyers are the perfect fit for ESG, and the importance of practicing authenticity and integrity in compliance.
▶️ The Meta Contract and Compliance in Governance with David Simon:
Key points discussed in the episode:
✔️ David Simon defines the meta contract as taught by Professor Alan Morrison in his Governance and Ethics course at Oxford University.
✔️ Procedures and internal controls should be given attention in the ESG space.
✔️ The meta contract is the corporation’s word. It can also be the organization’s brand, culture, and purpose for existing. It embodies what your business is all about.
✔️ Integrity and authenticity are the two key concepts companies must adhere to when applying ESG. Businesses should be real with their values and rank their stakeholders accordingly.
✔️ The FCPA has become a “one-stop-shop” for compliance, providing frameworks and roadmaps. But for any advances to happen, companies must adjust their programs focusing on their individual business risks.
✔️ Compliance professionals and lawyers shine in ESG roles. Their skillset suits the responsibility of reporting back to the C-levels. They can take meta contracts and enforce them consistently through accurate data tracking and providing feedback.
✔️ The meta contract is an implicit representation of how companies follow legislation. Breaking it is a violation of trust among consumers and their community.
David W. Simon is a litigation attorney who devotes much of his practice to helping corporate clients avoid and manage crises that potentially give rise to government enforcement actions. He provides compliance advice, conducts internal investigations, defends companies against enforcement actions, and represents companies in litigation.
The Foreign Corrupt Practices Act is a principal focus of Mr. Simon’s practice. He also has extensive experience representing clients in antitrust matters and in defending False Claims Act investigations and litigation.
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