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2 Gurus Talk Compliance

2 Gurus Talk Compliance – Once A Con, Always A Con

What happens when two top compliance commentators get together? They talk compliance of course. Join Tom Fox and Kristy Grant-Hart in their podcast, 2 Gurus Talk Compliance, as they dive into hot compliance topics. In this episode, they cover the Elizabeth Holmes goes to prison, the current office imbroglios, a record whistleblower award, the perils of using ChatGPT, cyber breach reporting, Gartner and trust and lightening and compliance. With their unique insights and engaging storytelling, this podcast is a must-listen for anyone in the compliance field. Don’t miss the latest episode of 2 Gurus Talk Compliance and stay ahead of the curve!

Highlights Include

·      Racial Justice at the Board

·      Gartner FCPA enforcement action

·      Cyber Incident Reporting

·      AI and Corporate Governance

·      Once a con, always a con

·      Record whistleblower award

·      WFH, RTW and Hybrid-Work

·      CCO Comp

·      Using ChatGPT

·      Penalties low, benefits high

 Resources 

  1. Racial Justice Initiative
  2. Gartner FCPA enforcement action
  3. FSB Report on Cyber Incident Reporting
  4. AI and Corporate Governance
  5. What the Hell Happened Here?.
  6. Record $279 Million Whistleblower Award
  7. Thank Goodness We Didn’t Get Struck by Lightening
  8. 3 Tips for Adapting to the Post-Pandemic Culture Shock at Work
  9. CCO Compensation Up 8%
  10. Here’s What Happens when Your Lawyer Uses ChatGPT

Connect with Kristy Grant-Hart on LinkedIn

Spark Consulting

Tom

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program with Boards – OIG Guidance for Boards Regarding Compliance

The OIG white paper “Practical Guidance for Health Care Governing Boards on Compliance Oversight (OIG Guidance), provides an excellent road map for thinking about how to structure a Compliance Committee for your Board and a Board’s obligations. As an introduction, the OIG Guidance states that a Board must act in good faith around its obligations regarding compliance. This means that there must be both a corporation information and reporting system and that such reporting mechanisms provide appropriate information to a Board. It states: The existence of a corporate reporting system is a key compliance program element, which not only keeps the Board informed of the activities of the organization but also enables an organization to evaluate and respond to issues of potentially illegal or otherwise inappropriate activity.

The OIG Guidance sets out four areas of Board oversight and review of a compliance function:

  1. Roles of, and relationships between, the organization’s audit, compliance, and legal departments;
  2. Mechanism and process for issue-reporting within an organization;
  3. Approach to identifying regulatory risk; and
  4. Methods of encouraging enterprise-wide accountability for the achievement of compliance goals and objectives.

The OIG Guidance is an excellent review for not only compliance professionals and others in the healthcare industry but a good primer for Boards around their duties under a best practices compliance program. The U.S. Sentencing Guidelines, the Hallmarks of an Effective Compliance Program, the OIG Guidance, and OIG Corporate Integrity Agreements can be used as baseline assessment tools for Boards and management in determining what specific functions may be necessary to meet the requirements of an effective compliance program.

Three key takeaways:

  1. Information flow up to the Board is critical.
  2. Compliance should be institutionalized in your company as a way of life.
  3. A Board needs to consider all risks.

For more information check out The Compliance Handbook, 3rd edition, available from LexisNexis here.

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Daily Compliance News

Daily Compliance News: June 9, 2023 – The An Island of Corruption Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to 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.

·       Gary Gensler has never seen so much non-compliance. (WSJ)

·       Jes Staley says it was all JPMorgan.  (Reuters)

·       Texas AG was his own ‘Island of Corruption”. (Governing)

·       Zuckerberg lays out his vision for Meta.  (NYT)

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Daily Compliance News

Daily Compliance News: June 8, 2023 – The End of Rock and Roll? 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.

Stories we are following in today’s edition:

·       Can risqué music be banned? (WSJ)

·       What will PGA’s sponsors do?  (WSJ)

·       EU eases class action rules. (WSJ)

·       Climate change is real.  (WSJ)

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From Last to First

The John Aceti Story – Episode 6: A School – Business Partnership

What is the measure of a man? What is a life well lived? I have often thought about those questions, and with John Aceti’s help, I had the opportunity to explore them through John’s amazing life. Spry and vibrant at 93, I met John after he had published his 7th book in 92. As I got to know him and his life story, I wanted him to share his amazing and inspiring journey from Niagara Falls in the 1930s to his current life in the Hill Country of Texas. Overcoming a humiliating incident at age 8, John was the first in his family to go to college, served in the Air Force, became a teacher and principal, and retired from his first career. In his second career, he and his wife traveled internationally and ended up in Kerrville, Texas, where John began another career as an author. Join me on this fascinating journey From Last to First with John Aceti.

Do you want to learn about the power of public-private partnerships in education? Tune in to the podcast From Last to First-The John Aceti Story! Host Tom Fox sits down with John Aceti to discuss his experience initiating partnerships between school districts, businesses, and industries. From grabbing the attention of corporate folks during lunch to implementing unique programs for students, John shares his expertise in building successful collaborations. Discover how a 3-hour workshop can align the needs of the school and corporation to benefit both parties.

Join Tom and John on their journey to inspire creative thinking and education reform. Don’t miss this exciting and informative podcast episode!

Key Highlights:

·      Creating School-Business Partnership Program

·      Successful implementation of a school tutoring program and student shadowing

·      Expanding Job Shadowing Program in Schools

·      Implementing a Science Program in Schools with Industrial Site Visits

·      Dealing with unexpected scenarios during meetings

·      Lessons from a Successful Program

Notable Quotes:

“And what a lesson it was for me to sit down with 3 corporate people and 1 educator at lunchtime.”

“I said, how the heck do I get their attention? Is that right now I’m not getting any attention?”

“I said minimum 10000 dollars, and they all went what? Are you kidding me? I said yes but got your attention, didn’t I?”

“What are your needs, folks? I came up with a partnership agreement.”

Resources

John Aceti’s author’s page on Amazon

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Pawtastic Friends - The Paw Talk

Pawtastic Friends – The Paw Talk – Mia, Gotti & Buddy

Welcome to the newest addition to the network, 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 heart strings, 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.

Tom Fox is back with Michael Novelli and Melissa Novelli from Pawtastic Friends as they discuss their inspiring work with rescue dogs. Discover how even fearful dogs, like Mia, can be rehabilitated with patience and care. Hear the heartwarming story of Gotti and Me rescue dogs who found loving homes after being given a second chance. Lastly, don’t miss the story of Buddy, a sweet pup who was rescued from a cruel situation and desperately needed a foster family. Tune in to The Paw Talk for all this and more, and be reminded that rescue dogs are not broken – they just need a little love and a lot of care.

Dogs Featured 

·      Mia

·      Gotti

·      Buddy

Quotes

“These dogs aren’t broken. They just need another chance because where they were living before, unfortunately, it didn’t work out for them.”

“He was rescued from a cruelty case. And somebody else took him, and he wasn’t being taken care of.”

“I just fell in love with him. He was a little brindle pity, kind of scared of people.

“He’s an older guy. He’s a distinguished gentleman. Super sweet.”

Resources

Pawtastic Friends

Categories
Life with GDPR

Life with GDPR-$1 Billion Fine: Meta’s GDPR Violation

Tom Fox and Jonathan Armstrong, renowned experts in cyber security, co-host the award-winning Life with GDPR. In this episode, they discuss the recent billion-dollar fine imposed on Meta (formerly Facebook) for violating data protection laws. They break down the significance of this ruling, which limits standard contractual clauses and requires due diligence checks when transferring data from the EU to the US. Discover the consequences and potential appeal arguments of the European Court of Justice’s ruling on data privacy. They delve into the challenges of harmonizing data protection authorities in the EU and how this affects corporations. Find out why the lack of consistency among regulators cannot be fixed overnight. Take advantage of the engaging and informative discussion that can help organizations navigate the complex landscape of GDPR and data privacy. Tune in to “Life with GDPR” now!

 Key Takeaways:

·      Facebook fined $1 billion for data transfer

·      Meta’s GDPR Noncompliance and Data Transfer Suspension

·      Irish Data Protection decision overruled by EDPB

·      Challenging GDPR court order in Ireland

·      Data Transfer from EU to US: Safe or Unsafe?

·      GDPR differences in privacy enforcement

 Resources

For more information on the issues raised in this podcast, check out the Cordery Compliance, News Section. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.

Connect with Tom Fox

●      LinkedIn

Connect with Jonathan Armstrong

●      Twitter

●      LinkedIn

Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program with Boards – Compliance Expertise on the Board

Every Board of Directors needs a true compliance expert sitting at the table. Almost every Board has a former CFO, former head of Internal Audit, or persons with a similar background, and often these are also the Audit Committee members of the Board. Such a background brings a level of sophistication, training, and SME that can help all companies with their financial reporting and other finance-based issues. So why is there, not such compliance SME at the Board level?

This requirement was set out in 2017 in the FCPA Corporate Enforcement Policy, where one of the criteria to be evaluated in a compliance program is “the availability of compliance expertise to the board.” Finally, the 2020 Update to the Evaluation of Corporate Compliance Programs, under the section entitled Oversight, posed the following questions What compliance expertise has been available on the Board of Directors?

The DOJ and Securities and Exchange Commission introduced this concept to the FCPA Resource Guide, 2nd edition. It means that when your company is evaluated by the DOJ, under the factors set out in the 2020 Update and the FCPA Corporate Enforcement Policy, to retrospectively determine if your company had a best practices compliance program in place at the time of any violation, you need to have not only the structure of the Board-level Compliance Committee but also the specific SME on the Board and on that committee.

Three key takeaways:

  1. Boards must have compliance expertise.
  2. Government regulators and shareholder groups have both called for greater compliance expertise on the Board.
  3. Compliance expertise at the Board works up and down as such expertise can be a resource to both the CCO and Compliance Department.

For more information check out The Compliance Handbook, 3rd edition, available from LexisNexis here.

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Trekking Through Compliance

Trekking Through Compliance-Episode 6-Mudd’s Women

In this episode of Trekking Through Compliance, we consider the episode Mudd’s Women, which aired on October 13, 1966, Star Date 1329.1.

Harry Mudd attempts to evade the Enterprise with his small class J cargo ship and leads it into an asteroid field. The Enterprise extends its shields over Harvey’s ship, burning out three of its four lithium crystals. The crew of the Enterprise becomes fascinated with the three beautiful women Mudd has been transporting.
As a result of the destruction of three of its lithium crystals, the Enterprise is forced to divert to Rigel 12 to obtain new crystals. Mudd makes his bargain with the lithium miners on the planet. At Mudd’s prompting, the miners offer to provide Kirk with lithium only in exchange for Mudd’s freedom and the three women. Kirk learns the women’s beauty secret: Mudd has been providing them with the Venus drug. Kirk beams down to collect the lithium from Childress while providing Evie with red gelatin she believes to be the Venus drug. Evie believes herself again to be beautiful and unintentionally reveals her natural inner beauty. In the end, Kirk gets his lithium, Evie remains with Childress, and Mudd is taken into custody.
Compliance Takeaways:
  1. How can your risks change, and are you prepared?
  2. A CCO needs to understand you may not be telling the truth to them.
  3. Have you added the Modern Slavery requirements to your compliance regime?
Resources
The story synopsis comes from the Excruciatingly Detailed Plot Summary by Eric W. Weisstein for Mudd’s Women.
Additional insights from the MissionLogPodcast.com episode Mudd’s Women
Categories
Great Women in Compliance

Great Women in Compliance – Carolyn Renzin on Compliance at FanDuel

Welcome to the Great Women in Compliance Podcast, hosted by Mary Shirley and Lisa Fine.

Over the past few years, it seems like fantasy sports and online gaming have a higher profile than ever, and they are part of a rapidly growing industry. Today’s guest, Carolyn Renzin, is the Chief Legal and Compliance Officer at FanDuel, which is one of the leaders in that space. In a wide-ranging discussion, Carolyn and Lisa discuss building a compliance function at the same time an industry framework is being built, and how she has grown her team. She also talks about FanDuel’s commitment to integrity – both as an organization and for professional sports in general.

Her analogy between sports and her role is one we can all keep in mind – “you play offense, we play defense, and we need each other.”

You can find the Great Women in Compliance Podcast on the Compliance Podcast Network where you can find several other resources and podcasts to keep you up to date in the Ethics and Compliance world. You can also find the GWIC podcast on Corporate Compliance Insights where you can learn more about the podcast, stream prior episodes and catch up on Mary’s monthly column “Living Your Best Compliance Life.”

Corporate Compliance Insights is a much-appreciated sponsor and supporter of GWIC, including affiliate organization CCI Press publishing the related book; “Sending the Elevator Back Down, What We’ve Learned from Great Women in Compliance” (CCI Press, 2020). If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review.  Don’t forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you’re done, or if you can’t bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat.

If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review.  Don’t forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you’re done, or if you can’t bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat.

You can subscribe to the Great Women in Compliance podcast on any podcast player by searching for it and we welcome new subscribers to our podcast.

Join the Great Women in Compliance community on LinkedIn here.