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Exiger’s Fight to Secure Supply Chains: Spotlight on Healthcare

Welcome to a blog post series on Exiger’s fight to secure supply chains, sponsored by Exiger LLC. In this series, we will explore the ongoing efforts of Exiger to lead the discussion and enhancement of Supply Chain Risk Management. In Episode 1, I visit with Erika Peters, a Senior Vice President (SVP) with close to two decades of experience working across the financial, corporate, and government industry, and focus on the firm’s supply chain and third-party risk management practices, and Tim Stone, Senior Director, Supply Chain Risk Management, for Exiger Federal Solutions. We discuss supply chain issues in the healthcare industry, including hospitals, life sciences, pharmaceuticals, medical devices, and medical services.
We began with critical supply chain risk management challenges in the healthcare industry. Peters said the “way I think about the healthcare sector and how it differentiates from the other sectors is that the ultimate risk is trying to mitigate fatalities. This means thinking about the third parties that healthcare companies must work with and then their supply chain makes it one of the most extremely critical industries to be thinking about. In the current post-pandemic era, it is one of the timeliest topics. Equally important is that if you must switch out a key vendor, the entire process can take between 12-18 months, putting your organization in a bind. This means you need to put a rigorous process in place and then follow that process.”
Stone noted key lessons learned on healthcare industry supply chain issues from the pandemic. He stated that the federal government created a Joint Acquisition Task Force in the Department of Defense (DoD) during the pandemic. This was an interagency push to source products across various pandemic-related areas like therapies, vaccines, ingredients, testing, materials and equipment, personal equipment, and even items such as no-touch thermometers. The task force illuminated dozens of product areas across those different sectors, then used market intelligence tools to identify companies in each industry. Further, they used modeling to estimate production capacity and entered information into the Exiger software product DDIQ to risk-rank based upon these and other inputs.
This led to the finding of supply chain fragility. This is because many components in the healthcare supply chain come from state-owned enterprises, and many of these are from China. Even when the team began to focus on migrating to India, it turned out that many underlying components came from China. Another problem discovered was the concentration of raw goods and manufacturers. Stone noted, “we saw otherwise obscure examples of concentration risks arise during COVID that you had never thought about before. In Malaysia, for example, we realized it was a top producer of nitro gloves that owns about 65% of the market. This led to COVID-driven disruptions, which impacted our ability to get nitro gloves. This was the way the world turned and focused on supply chains and where goods are ultimately sourced.” Just-in-time supply chains saw similar if not more disruptions as well.
We then turned to how the healthcare industry supply chain can improve its approach to managing risk. Here Peters noted there were two key areas. The first is programmatic, and the second involves a technological solution. Companies need to create a genuinely risk-based program, for instance, looking at entities that will cause an operating room to shut down or prohibit a company from getting materials required for medicines. These critical entities need to have the most in-depth due diligence; taking that strategic risk appetite and having it trickled down to the tactical level is an important way of making sure that the people at the bottom who are doing the actual work that they are hitting the right risk lens that the company wants to take.
The other piece is to have technology in place to facilitate this and that “we need to improve on that technology.” She noted, “we get to this higher level of more of a predictive posture, which is the golden standard where we need to be. We need to have these teams looking at their risk and bringing it into one view of this entity, especially these critical ones.” It looks at a wide variety of risks, from legal/regulatory to geopolitical to operational. It is doing so quickly and efficiently so the front-line supply chain professionals can make decisions for their organizations’ long-term care and health.
Stone concluded that down the road, supply chain professionals in the healthcare sector “can improve the bottom line, through greater fluidity, greater understanding of their supply chains, greater ability to on the fly to gauge the credibility of vendors, and have that due diligence information at their fingertips through technology.” It will also help avoid a lot of fraud, waste, and abuse and create a more well-oiled machine from a supply chain perspective.
Join us tomorrow when we spotlight the manufacturing and consumer markets.
Resources
Erika Peters Profile
Tim Stone Profile
Exiger Website
Exiger’s Supply Chain Explorer

Categories
Sunday Book Review

May 22, 2022 the High Altitude edition


In today’s edition of Sunday Book Review:
·      Into Thin Air by Jon Krakauer
·       Thin Air by Michelle Paver
·      Space Below My Feet by Gwen Moffat
·      The Abominable by Dan Simmons
·      The White Road by Sarah Lotz
Resources
EIGHT THRILLING BOOKS TO READ ABOUT MOUNTAINEERING by Amy McCollough in Crime Reads

Categories
Popcorn and Compliance

MCU Series – Thor, Ragnarok


In this podcast series, two complete MCU fans, Tom Fox, founder of the Compliance Podcast Network, and Megan Dougherty, co-founder of One Stone Creative, indulge in a passion for all things in the Marvel Cinematic Universe by re-watching each movie and then podcasting on every movie in the MCU. If you want to indulge in your love for the MCU with two fans passionate about all things MCU, this is the podcast series for you. For this offering, we consider MCU Series – Thor-Ragnorok.
Some of the highlights include:
Ø  The story synopsis.
Ø  What are the key plot points?
Ø  What were some of our favorite cookies?
Ø  How does this movie fit into the overall MCU?
Ø  How is this movie an homage to prior non-MCU movies?
**Next up in our series Antman and the Wasp**

Categories
Daily Compliance News

May 21, 2022 the Elon Accused Edition


In today’s edition of Daily Compliance News:
• AML sanctions enforcer to get more money. (WSJ)
• Harassment claim made against Elon Musk? (NYT)
• Pharma Bro released early from prison. (WaPo)
• Wells Fargo fined for AML lapses. (Reuters)

Categories
Presidential Leadership Lessons for the Business Executive

Presidential Leadership Lessons from Theodore Roosevelt, Part 2-From Police Commissioner to VP

Richard Lummis and Tom Fox continue their series on leadership lessons from Theodore Roosevelt. We will look at lessons from Roosevelt’s early years in New York up to his cowboying days in Montana; the second phase of his public career, from NYC Police Commission to Assistant Secretary of the Navy, San Juan Hill and the Vice Presidency; his leadership from his Presidency; his life in the post-Presidency and the election of 1912 and we will end with leadership lessons from his post Bull Moose Party life, World War I and event surrounding his death. In this second episode, we consider the leadership lessons learned by Roosevelt in the second phase of his political career, which took him from Police Commissioner of NYC to the Vice Presidency.
Highlights of this podcast include:
What led to appointment to New York Civil Service Commission and then to the NYC Police Commissioner? His move to the National Stage as the Assistant Secretary of the Navy. This led to his work in the War with Spain and Admiral Dewey in Manilla Bay. He founded the Rough Riders, his leadership in Cuba and ride up San Juan Hill. He becomes Governor of New York. This leads to joining the McKinley ticket in the election of 1896 and becoming Vice President. We conclude with three key leadership lessons, including: 1. Pick yourself up when you fall; 2. Find a cause; and 3. Communicate Simply and Directly Through Stories.
Resources
Doris Kearns Goodwin’s 10 Leadership Lessons from the White House
6 Leadership Hacks From The Rise of Theodore Roosevelt
10 top Leadership Principles of Teddy Roosevelt
The Roosevelts: Eight presidential lessons in leadership
Lessons in Leadership from 100 years ago
Theodore Roosevelt on Leadership
10 Theodore Roosevelt Leadership Lessons

Categories
The Woody Report

Elon Musk and Twitter

Welcome to The Woody Report where, Washington & Lee, School of Law Associate Professor Karen Woody and host Tom Fox discuss issues on white collar crime, compliance issues, international corruption, securities and accounting fraud, and internal corporate investigations. From current events to topical issues to academic research and thought leadership, Karen Woody helps lead the discussion of these issues on the new and exciting podcast. Today Karen talks about the continuing tale of Elon Musk and his actions to purchase Twitter stock before he declined a Board seat and he concluded an agreement to purchase the company.

Resources

Karen Woody on LinkedIn

Karen Woody at Washington & Lee, School of Law

Karen Woody breaks down some of the history between Musk and the SEC.

Categories
Daily Compliance News

May 20, 2022 the Fake Job Interviews Edition


In today’s edition of Daily Compliance News:
·      From fraudulent customer accounts to fake job interviews. (NYT)
·      Where can Elon go? (WSJ)
·      Don’t call 911 in Buffalo.  (WaPo)
·      Secondary sanctions coming.  (Bloomberg)

Categories
Hidden Traffic Podcast

Customs and Human Trafficking Prevention with Richard Mojica


 
Richard Mojica is Practice Lead of Customs and Import Trade at Miller & Chevalier. He helps companies comply with the legal requirements associated with importing products into the United States. He also specializes in business and human rights. Richard joins host Gwen Hassan to discuss the overlap between customs and human trafficking prevention, and how they came to intersect.
 

 
Though the importation of goods made with forced labor is prohibited by law, there was a loophole that allowed it for decades. The loophole was that if a good was not sufficiently produced in the US to meet consumptive demand, it could be imported, which permitted the importation of goods made with forced labor that fulfilled those requirements. This was made worse by the lack of oversight from customs, which was likely driven by a focus on acquiring necessary goods. 
 
The loophole of consumptive demand was plugged in 2016 by the passing of a new law, and the US Customs and Border Protection was charged with its enforcement. The CBP’s tool for that is the withhold-release order – an instruction that detains merchandise that is suspected of being made with forced labor at the ports of entry. 
 
Resources
Richard Mojica on LinkedIn | Twitter 
MillerChevalier.com
 

Categories
Taxman

What is the Role of Tax in ESG?


What is the intersection of tax and compliance? Why does a Chief Compliance Officer (CCO) or compliance professional need to sit down with the corporate head of tax? How does a corporate tax function fit into a best practices compliance program? It turns out there is quite a bit a compliance professional can learn from a tax professional. Moreover, there are many aspects of tax which should be considered by a CCO and compliance professional from an overall risk management perspective. Unfortunately, these questions are rarely explored in the compliance community. In this episode, we explore the unexplored topic of the role of tax in a corporate ESG program.
How Tax and ESG Intersect
Tracy tells Tom, “There are external forces pulling tax into the ‘S’ and ‘G’ of ESG.” In the social sector, different jurisdictions have different tax rates and laws, and as companies begin to operate in a tax-efficient manner, their activities will gravitate towards lower tax regimes. Tracy adds, “You’ve got forces trying to push the concept of ‘fair share’ rather than compliance with tax laws of different jurisdictions.” Governance-wise, it’s becoming more common for companies to be required to talk about their compliance tax audits.
The Role of Tax in a Company
With the growing pressures on ESG transparency, there’s a push to standardize reporting and scorecarding of companies based on their tax transparency. This would include things like the reporting of an organization’s effective tax rate.
Tax and ESG in Multinational Organizations 
Institutional investors play a major role in impacting the activities of a multinational company. When making investment decisions, these entities heavily incorporate ESG scorecards with tax transparency, further emphasizing the need for a relationship between the two sectors.
Resources
Tracy Howell | Email | LinkedIn

Categories
Everything Compliance

Episode 100, the Ukraine Invasion Edition


Welcome to the only roundtable podcast in compliance as we celebrate our 100 show. In 2021, Everything Compliance was honored by W3 as a top talk show in podcasting. In this episode, we have the quintet of Jay Rosen, Jonathan Marks, Tom Fox, Jonathan Armstrong and Matt Kelly. We focus on changes to compliance and businesses in the wake of the Russian invasion of Ukraine. We begin with a special Breaking News segment of Elon Musk putting his Twitter purchase ‘on hold’. We conclude with our fan favorite Shout Outs and Rants.

1. Jay Rosen what the Russian invasion of Ukraine means for business ventures for countries in the West. Rosen shouts out Christopher Flores and Robert Moran, the first time pilot who had to take over the landing of a plane when the pilot fell ill and Robert Morgan, the air traffic controller who talked him down to a safe landing.

2. Matt Kelly takes a deep dive into the Stericycle FCPA enforcement action.  Kelly rants about Moderna and its hiring of the new CFO for one day and wonders if releasing news of the prior company’s accounting fraud investigation could have been disclosed.

3. Jonathan Marks explores the changes the conflict has wrought for ESG. Marks also rants about Moderna which fired its CFO after one day on the job, asking did Moderna  perform any due diligence.

4. Tom Fox looks the changes in the National Security issues for ABC, AML and export control. Fox rants about Justice Alito who wants to take American culture, legal rights and jurisprudence back to the 18th century English law.

5. Jonathan Armstrong explores the changes the conflict has wrought for ESG. Armstrong shouts out to Ivy Williams and Helena Normanton, the first two women barristers in the United Kingdom.

The members of the Everything Compliance are:
•       Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.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 with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com
•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com
The host and producer, ranter (and sometime 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.