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2 Gurus Talk Compliance

2 Gurus Talk Compliance: Episode 27 – The Too Nice Edition

What happens when two top compliance commentators get together? They talk about compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s episode!

In this episode, we discuss how far the US should push Europe when it comes to banning goods produced with forced labor, whether Canadians are just too darn nice when it comes to bribery, the Supreme Court’s review of when cash given to a US politician crosses from a thank-you gift to a bribe, and a Florida man’s notice to arresting officers that he’d be drinking his beer before being arrested because it’s cold.

The issue of forced labor, particularly in China, and its resultant goods has triggered a significant discourse between the US and Europe, highlighting the intricate connection between international trade and human rights. Tom argues for Europe to adopt stringent measures against forced labor like the US and credits his stand to his profound understanding of the extensive impact such a practice has on modern society. He advocates for a broad ban on goods linked to forced labor and is enthusiastic about the potential of a joint EU, US, and UK task force addressing the issue.

Kristy, with her focused view on the contrasting approaches of the US and Europe, agrees with the necessity of a robust response. She acknowledges the US’s advanced position in tackling forced labor challenges, appreciates the EU’s efforts to enact a similar ban, and supports the idea of a joint task force. She underlines the importance of preventing goods made from forced labor from entering the US via Europe.

 Highlights Include:

  • The fight against climate change reporting. (Harvard Law School Forum on Corporate Governance)
  • Are Canadians too nice to fight ABC? (GAB)
  • What is the opposite of right for compliance? (COI Blog)
  • Between a rock and a hard place. (China Law Blog)
  • Are you shadow trading? (NYU Corporate and Enforcement Blog)
  • Europe Should Be Pushed to Take On Chinese Forced Labor, U.S. Lawmakers Say (WSJ)
  • Corruption or Just Politics? Supreme Court Weighs New Bribery Case as More Clashes Are Brewing (WSJ)
  • The Department of Justice Unveils Groundbreaking Pilot Program: Incentivizing Whistleblowers with Immunity (JDSUPRA)
  • From Gen Z to boomers: How to give critical feedback at work (Washington Post)
  • Florida man pops open beer during police encounter because it was ‘cold’ and he wanted to drink it (FOX 35 Orlando) 

Resources:

Kristy Grant-Hart on LinkedIn

Spark Consulting

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

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12 O’Clock High-a podcast on business leadership

12 O’Clock High, a podcast on business leadership: Ron Karr – Beyond Data: The 80/20 Rule of Decision Making

In this episode, I visit with Tom, who welcomes Ron Karr, a long-time thought leader in the art of leadership, persuasion, and influence. They take a deep dive into the science of influence and persuasion and help the compliance professional understand how they can use this science to move the compliance ball forward in an organization.

This script explores the belief that data is precious but accounts for only 80% of the decision-making process. The remaining 20% comes from an assessment of the individual’s current situation, mindset, energy, and skill sets. The importance of not solely relying on data is emphasized through a reference to the movie ‘A Beautiful Mind,’ where a Nobel Prize-winning professor suggests that math (or data) can solve 80% of problems, indicating the necessity of beyond-data factors in solving the remaining 20%.

Key Highlights:

  • The 80/20 Rule for Leadership
  • Purposeful Reflection for Effective Decision-Making
  • Neurochemical Impact on Influencing Others Successfully
  • Propelling Success through Adaptive Strategies
  • Empowering Personal Growth Through Story Rewriting
  • Enhancing Professional Success Through Peer Engagement
  • The Velocity Mindset: Achieving Success Through Networking

Resources:

Ron Karr on LinkedIn

Company

Blog

The Velocity Mindset

 Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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Compliance Tip of the Day

Compliance Tip of the Day: Compliance and Corporate Principles

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 this episode, we explore how compliance can help navigate through the minefield of corporate principles.

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

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Regulatory Ramblings

Regulatory Ramblings: Episode 43 – Why ESG Matters? With Jon Solorzano

Jon Solorzano is a Los Angeles-based attorney who serves as counsel and co-head of the environmental, social, and governance (ESG) task force at the law firm of Vinson & Elkins. Prior to this role, he served as senior director for legal and corporate development at the Clorox Company.

Beyond ESG, Jon is also a highly sought-after thought leader with significant expertise in related fields such as M&A, corporate governance, securities regulation, corporate and business development, consumer products, technology, human capital management, business financial strategy, and international matters for both high-growth start-ups and established Fortune 500 companies.

Few topics are as vexatious and polarizing in contemporary times as the acronym ESG. Legendary investors such as Warren Buffet and his second-in-command, the late Charlie Munger, along with other prominent corporate and finance figures, argue that ESG should not be a consideration in investment decisions.

Against this backdrop, Jon discusses with Regulatory Ramblings host Ajay Shamdasani why ESG matters to investors, companies, and society, alongside corporate social responsibility (CSR) and diversity, equity, and inclusion (DEI). He stresses that while these concepts and movements are related and overlap to some degree, they are not necessarily the same thing. Indeed, Jon notes that those who coined the term ESG might have garnered more support for their cause had they emphasized (G)overnance rather than (E)nvironmental, as even skeptics of global warming can appreciate the importance of well-governed companies and how that affects share prices.

Jon also shares insights into his upbringing, background, and path into the legal profession, as well as how, as a transactional lawyer, he ended up leading his firm’s ESG practice.

While acknowledging the concerns of ESG detractors and naysayers, Jon predicts that 10-15 years from now, the nature of the debate and discussion will be very different. By then, few will even question the importance of ESG to the world’s well-being, he says, as millennials and Zoomers take over the reins of society in developed countries.

A telling sign that Jon’s predictions are accurate is that for younger investors, ESG definitely matters as a yardstick in gauging what constitutes a socially conscious and sustainable investment.

The conversation concludes by examining the extent to which ESG mandates intersect with financial regulation, and why banking and financial institutions globally need to take ESG as seriously as their regulatory compliance and risk management requirements.

Podcast Discussion:

  • 02:01 A Journey through Corporate Law and Stakeholder Engagement
  • 08:05 Unveiling the Complexity: ESG vs. CSR in Corporate Responsibility and Investor Value
  • 20:20 Exploring the ESG Backlash: Understanding Perspectives on Investor Value and Corporate Responsibility
  • 25:01 Corporate Indifference: The Evolution of ESG Amidst Regulatory Pressures
  • 32:59 ESG in a World of Socio-Economic Uncertainty and Geopolitical Tumult
  • 36:28 How do you rebrand ESG: Adapting Perception and Purpose in Corporate Sustainability?
  • 41:26 Insights into the Intersection of ESG and Financial Regulation
  • 44:22 Generation Shift: The Future Landscape of ESG
  • 48:31 The Evolving Role of Professionals in ESG Decision-Making
  • 52:41 Solorzano: Assessing a Practitioner’s Journey in the Evolving ESG Landscape

Connect with RR Podcast at:

LinkedIn: https://hk.linkedin.com/company/hkufintech 
Facebook: https://www.facebook.com/hkufintech.fb/
Instagram: https://www.instagram.com/hkufintech/ 
Twitter: https://twitter.com/HKUFinTech 
Threads: https://www.threads.net/@hkufintech
Website: https://www.hkufintech.com/regulatoryramblings 

Connect with the Compliance Podcast Network at:

LinkedIn: https://www.linkedin.com/company/compliance-podcast-network/
Facebook: https://www.facebook.com/compliancepodcastnetwork/
YouTube: https://www.youtube.com/@CompliancePodcastNetwork
Twitter: https://twitter.com/tfoxlaw
Instagram: https://www.instagram.com/voiceofcompliance/
Website: https://compliancepodcastnetwork.net/

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TechLaw10

TechLaw10: Eric Sinrod & Jonathan Armstrong on the Technology Law Aspects of AI

In this edition of TechLaw10, Jonathan Armstrong talks to Attorney and Professor Eric Sinrod from his home in California. They discuss the technology law aspects of AI.

  • Jonathan talks about some of the conflicts between AI and GDPR.
  • Jonathan talks about the investigation and regulatory action against Clearview AI
  • The Italian DPA’s activity against the use of AI with food delivery apps. Eric looks at the impact of US privacy law. He also looks at the issues presented by AI with contracts and torts—who should bear liability when something goes wrong? and discrimination & bias

You can listen to earlier TechLaw10 audio podcasts with Eric and Jonathan at www.techlaw10.com.

Connect with the Compliance Podcast Network at:

LinkedIn: https://www.linkedin.com/company/compliance-podcast-network/
Facebook: https://www.facebook.com/compliancepodcastnetwork/
YouTube: https://www.youtube.com/@CompliancePodcastNetwork
Twitter: https://twitter.com/tfoxlaw
Instagram: https://www.instagram.com/voiceofcompliance/
Website: https://compliancepodcastnetwork.net/

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Daily Compliance News

Daily Compliance News: April 25, 2024 – The In Bad Faith 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:

  • The NPR chief says criticism was brought ‘in bad faith’. (WSJ)
  • The DOJ wants a 3-year prison term for the former Binance CEO.  (Bloomberg)
  • A Deputy Russian Defense Minister was arrested on corruption charges. (CNN)
  • Boeing families want criminal charges filed. (Reuters)

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: The Perfect Attendance Edition

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows.

In this episode, we have a quartet of commentators: Jonathan Marks, Matt Kelly, Jay Rosen, and Karen Woody, all hosted by Tom Fox.

1. Matt Kelly takes a deep dive into the seeming lack of corporate monitors in recent FCPA enforcement actions. He rants about yet another KPMG cheating scandal.

2. Karen Woody takes a deep dive into the Panuwat conviction for shadow insider trading.  She shouts out to Caitlin Clark for being the No. 1 pick in the WNBA Draft but rants about her paltry $76K first year salary.

3. Jonathan Marks talks about the current challenges facing Chief Audit Executives. He shouts out to Kevin Ford for working at Burger King for 27 years without missing a day of work.

4. Jay Rosen provides an update on export control. He has a mild  rant about CBS cutting off Billy Joel’s Piano Man encore to cut to local news about the Masters.

5. Host Tom Fox shouts out to Senator Robert Menendez for throwing his wife under the bus by announcing he will claim she is the one who engaged in bribery and corruption, not him.

The members of the Everything Compliance are:

• Jay Rosen – Jay can be reached at Jay.r.rosen@gmail.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 in London.

• Jonathan Marks can be reached at jtmarks@gmail.com.

The host, producer, and 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.

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Compliance Tip of the Day

Compliance Tip of the Day: Getting Culture Right, Part 2

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 this episode, we begin a two-part exploration of 10 steps to getting culture right, with Steps 6–10.

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

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Blog

Transforming a Corporate Culture in Crisis: Lessons from Boeing

There has not been a company that has had a run of worse publicity in 2024 than Boeing. Unfortunately, it has been self-inflicted. I recently participated in a webinar with Sam Silverstein on what Boeing can do to try and pull itself out of the miasma it now finds itself in, which has led to regulatory and criminal scrutiny, critical damage to its reputation, loss of market share, deterioration of its customer relationships, the resignation of its CEO, and destruction of trust within its massive workforce.

The webinar began with a dive into Boeing’s historical mergers, particularly with McDonnell Douglas in 1997, which marked a significant cultural shift within the company. Initially, Boeing was renowned for its high engineering standards, but post-merger, a more bottom-line-focused culture from McDonnell Douglas took precedence. This shift from quality to cost-efficiency laid the groundwork for the issues Boeing faces today.

This consequence of post-merger cultural misalignments led to deep-rooted issues. For Boeing, this resulted in a culture where the drive to reduce costs and increase profitability overshadowed the foundational emphasis on engineering excellence and safety. This cultural shift manifested in various high-profile crises, such as the 737 Max incidents, which were symptomatic of broader systemic problems—problems where the cultural ethos of safety and thoroughness was compromised. Further, when cultural values are misaligned with corporate actions, employee morale, and product quality suffer significantly.

The most important question for Boeing is how it begins a cultural comeback. It all begins with the top leadership, which plays a key role in any cultural transformation. The reason is straightforward: true change starts at the top—leaders must embody the values they wish to see throughout the organization. This involves more than just setting policies; it requires leaders to actively promote a culture of quality, safety, and integrity.

Fortunately, there is a blueprint for Boeing to begin a culture turnaround. It is the procedure that compliance professionals use to manage ethics and compliance risks. The process itself is simple, but execution is not always easy. The process of Assessment leads to Strategy Development, Strategy Implementation, Monitoring of Strategy Implementation, and Continuous Improvement.

With a company the size of Boeing, you need a comprehensive software tool that can assess the corporate culture in a wide variety of ways. Trust, ethics, health, safety, values, beliefs, clarity of mission, quality of decision-making, the value of people, the quality of engagement, accountability, innovation and change, and leadership are but some of the areas that need to be measured in your initial assessment.

In short, you need a tool designed to diagnose and understand your organization’s cultural health. This assessment is not just about identifying weaknesses but also reinforcing strengths. A culture assessment can offer actionable insights that guide strategic change by systematically analyzing various cultural facets—like accountability, ethics, employee engagement, and safety.

Using a software tool to diagnose and understand the current state of organizational culture, you will obtain data about the state of your culture and actionable insights that you can use to form the basis of your comeback strategy. A practical culture assessment can reveal areas of strength to build upon and weaknesses that require strategic interventions. For instance, if there is a deficiency in trust and safety in manufacturing, leadership can clarify that safety is the No. 1 priority. Management can celebrate those who come forward with safety issues in the manufacturing process instead of marginalizing them.

Next is implementing the strategy through training and communications throughout the company. Once again, such an approach is well-known to the compliance community. Further, it is simple but will require effort and commitment by senior management. In 2022, Boeing reported roughly 156,000 employees, representing 47 nationalities in 65 countries around the globe. Yet, think of Siemens’ comeback after its 2008 bribery and corruption scandal. With a similar number of employees around the globe, the company’s top leadership made it clear through in-person training and communications that a change would happen.

Not surprisingly, Siemens management found that employees were sick and tired of being known as a bribery and corruption company. Boeing employees are the same way. They take tremendous pride in working for their organization and will embrace any change to return to the company’s roots of quality and excellence.

Next is the ongoing monitoring of the implemented strategy, which forms an essential component going forward. You cannot simply implement your strategy; you must also monitor the results. Using software tools like the Culture Audit allows companies to gauge their progress and continuously make adjustments where necessary.

You then move to continuous improvement from monitoring. A data-driven approach will allow your organization to provide additional resources, communications, and training where needed. This continuous feedback loop is crucial to maintaining cultural health and aligning it with the company’s strategic objectives.

The lessons from Boeing are applicable globally across industries. Every organization aiming for long-term success must prioritize a culture aligned with its values and objectives. A healthy corporate culture supports a positive internal environment and enhances the company’s reputation and reliability in the eyes of its customers and stakeholders. For companies in cultural crisis, facing their cultural challenges head-on with transparent, actionable strategies offers a path to regain trust and ensure sustainable success. As corporate landscapes continue to evolve, the principles discussed will remain vital for any organization committed to meaningful, enduring change.

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Great Women in Compliance

Great Women in Compliance: Nick Gallo on Being an Ally

Welcome to the Great Women in Compliance Podcast. In this episode, Lisa Fine visits with a great gentleman in compliance, Nick Gallo, co-CEO at Ethico.

Nick started his career in private equity, and when he and his brother Gio wanted to grow a business together, they both saw the opportunity to build something that would benefit the compliance space.

Nick’s view about being an ally was shaped when he was young and saw his mother’s challenges as a woman in male-dominated industries, which continues today, where he is an advocate for supporting women and diversity, particularly in Ethics and Compliance.

Nick and Lisa discuss the importance of being proactive as allies and constantly trying to improve our workplaces, whether that means speaking up against injustice or supporting those who may not be heard.

They also speak about how unique and special this profession, and this community are, and the importance of building the next generation of compliance leaders and women in the profession.

Key Highlights:

  • Advocacy for Equality and Workplace Support
  • Active Allyship for Positive Social Change
  • A Mentorship’s Role in Professional Development Journeys
  • Fostering Inclusivity for Diverse Women in Compliance
  • Fostering Transparency and Fairness in Hiring

Resources:

Join the Great Women in Compliance community on LinkedIn here.