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FCPA Compliance Report

FCPA Compliance Report-Episode 350, Linda Justice and Her Nancy Drew Approach

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Across the Board

Across the Board-Episode 6, Climate Impact-Will Your Assets Be Stranded?

SSGA’s Perspective On Effective Climate Change Disclosure”. While the white paper focused more specifically on climate impact and climate risk to businesses in the energy and mineral extractive industry, it set out a protocol which every Board of Directors can use for a wide variety of risks, including compliance risk.
We consider the purpose & methodology of SSGA’s white paper. We take a deep dive into the four areas of how a Board can better position climate change risk:

  1. Governance and board oversight of climate risk
  2. Establishing and disclosing long-term GHG goals
  3. Disclosing information on carbon price assumptions
  4. Discussing impacts of scenario planning on tong-term capital allocation impact

We then consider the SSGA approach in the context of a broader risk management process through the exploration of such issues as

  1. How broadly do climate related changes impact businesses?
  2. How should businesses prepare for disruption due to climate change or climate impact?
  3. Is there a business opportunity for companies which engage in strategic risk management around climate change?

For more from Rahki Kumar on the SSGA white paper, its application to the anti-corruption compliance practitioner, and management of strategic risk; see my blog post Will Your Assets Be Stranded? The Risk Management Process in ESG and Compliance
[tweet_box design=”default” url=”http://wp.me/p6DnMo-3xI” float=”none”]A robust risk management process provides both risk mitigation and significant business opportunities.[/tweet_box]]]>

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Across the Board

Across the Board-Episode 5, Visualization of Data for a Board

here.
[tweet_box design=”default” url=”http://wp.me/p6DnMo-3wA” float=”none”]What does a Board of Directors need to facilitate an unstructured dialog with management?[/tweet_box]]]>

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Across the Board

Across the Board-Episode 4, Why Wells Fargo Needs Compliance Expertise on the Board

prevent, detect and remediate. In addition to getting its regulatory house in order, Wells Fargo has one very large culture problem which needs compliance expertise. Even for a former Bank president, the issue of compliance is at the absolute forefront of Wells Fargo’s miasma.
[tweet_box design=”default” url=”http://wp.me/p6DnMo-3vL” float=”none”]Wells Fargo needs a true compliance expert on its Board of Directors.[/tweet_box]]]>

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12 O’Clock High-a podcast on business leadership

12 O’Clock High-Episode 55, Leadership Lessons from Dunkirk

Dunkirk and the leadership lessons can be drawn from the movie and historical events. If you have not seen it, I suggest you go to see what I believe is the summer’s top movie, Dunkirk. It is great cinema, has a good history, and presents the view of soldiers on the ground from the English perspective. It unfolds on land, sea, and air; in decreasing time frames of one week, one day, and one hour. I was lucky enough to see it on glorious 70MM widescreen, so the resolution was outstanding. I believe several leadership lessons can be learned from the British (and German) experiences at Dunkirk. Every business leader should study Dunkirk for key lessons on leadership.

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Everything Compliance

Everything Compliance-Episode 16, Review of Jesse Eisinger’s book, The Chickenshit Club

The Chickenshit Club by Jesse Eisinger may mean for the compliance practitioner. We consider the internal journey of the Department of Justice from their days of Enron, WorldCom, and Adelphia convictions to the 2008 financial crisis where no senior executives were prosecuted. A series of steps led to this change, and we discuss the key changes in the DoJ’s thinking. The book is a real page-turner, and our discussion reflects this. We believe that every compliance practitioner should read the book and understand its lessons from DOJ prosecution. Every compliance practitioner should read Eisinger’s book The Chickenshit Club. You can purchase a copy of the book The Chickenshit Club by clicking here.]]>

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Blog

12 O’Clock High-Episode 54-OODA Feedback Loop and Leadership

Planning for Big Data – A CIO’s Handbook to the Changing Data Landscape, by the O’Reilly Radar Team, featured a chapter by Alistair Croll, entitled “The Feedback Economy which informs today’s discussion. Croll believes that big data will allow continuous improvement through the “feedback economy”. This is a step beyond the information economy because you are using the information that you have generated and collected as a source of information to guide you going forward. Information itself is not the greatest advantage but using that information to make your business more agile, efficient and profitable is. Croll draws on military theory to illustrate his concept of a feedback loop. It is the OODA loop, which stands for observe, orient, decide and act. This comes from military strategist John Boyd who realized that combat “consisted of observing your circumstances, orienting yourself to your enemy’s way of thinking and your environment, deciding on a course of action and then acting on it.” Croll believes that the success of OODA is in large part “the fact it’s a loop” so that the results of “earlier actions feedback into later, hopefully wiser, ones.” This should allow combatants to “get inside their opponent’s loop, outsmarting and outmaneuvering them” because the system itself learns. For the business leader this means that if your company is able to collect and analyze information better and you can act on that information faster. Croll believes one of the greatest impediments to using this OODA feedback loop is the surplus of noise in our data; that “We need to capture and analyze it well, separating the digital wheat from the digital chaff, identifying meaningful undercurrents while ignoring meaningless flotsam. To do this we need to move to more robust system to put the data into a more usable format.” Croll moves through each of the steps in how a company collects, analyzes and acts on data. The first step is data collection where the challenge is both the sheer amount of data coming in and its size. Once the data comes in it must be ingested and cleaned. If it comes into your organization in an unstructured format, you will need to cut it up and put into the correct database format for use. Croll touches on the storage component of where you place the data, whether in servers or on the cloud. A key insight from Croll is the issue of platforms, which are the frameworks used to crunch large amounts of data more quickly. His key insight is to break up the data “into chunks that can be analyzed in parallel” so the data can be considered and acted upon more quickly. Another technique he considers is “to build a pipeline of processing steps, each optimized for a particular task.” Another important component is machine learning and its importance in the data supply chain. Croll observes, “we’re trying to find signal within the noise, to discern patterns. Humans can’t find signal well by themselves. Just as astronomers use algorithms to scan the night’s sky for signals, then verify any promising anomalies themselves, so too can data analysts use machines to find interesting dimensions, groupings or patterns within the data. Machines can work at a lower signal-to-noise ratio than people.” Yet Croll correctly notes that as important as machine learning is in big data collection and analysis, there is “no substitute for human eyes and ears.” Yet for many business leaders, displaying the data is most difficult because it is not generally in a readable form. It is important to portray the data in more visual style to help convey the “dozens of independent data sources” into navigable 3D environments. Of course having all this data is of zero use unless you act on it. Big data can be used in a wide variety of decision making, from employment decisions around hiring and firing decision, to strategic planning, to risk management and compliance programs. But it does take a shift in compliance thinking to use such data. It advocates “fast, iterative learning.” Big data allows you to make a quicker assessment of the impact of measured risks. Croll ends his chapter by noting that the “big data supply chain is the organizational OODA loop.” But unlike the OODA loop, it is more than simply about the loop and plugging information as you move through it. He believes “big data is mostly about feedback”; that is, obtaining the impact of the risks you have accepted. For this to work in compliance, a company’s compliance discipline needs to both understand and “choose a course of action based upon the results, then observe what happens and use that information to collect new data or analyze things in a different way. It’s a process of continuous optimization”. The OODA loop coupled with the data that is available to you should facilitate a more agile and directed business. The feedback components allows you to make adjustments literally on the fly. If that does not meet the definition of continuous improvement, I do not know what does. [tweet_box design=”default” url=”http://wp.me/p6DnMo-3u4″ float=”none”]The OODA feedback loop allows you to make business adjustments literally on the fly. [/tweet_box]]]>

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Across the Board

Across the Board-Episode 2, Sheila Hooda on the Board’s Role in the Oversight of Risk and Strategy

In this episode, we discuss the key role Board of Directors around oversight of strategy and risk. Mutual of Omaha Insurance Company and Virtus Investment Partners. She is a thought leader, regular contributor, and speaker on governance, strategy, and leadership. Prior to her board service, Ms. Hooda held senior operating roles at TIAA, Credit Suisse Investment Bank, Thomson Reuters, and McKinsey & Co. across the US, Europe, and Asia/India. Ms. Hooda is a lifetime member of the Council on Foreign Relations and serves on boards focusing on Education, Women’s Empowerment, and Global Policy. The Board of Directors has a key role in the oversight of strategic risk for an organization.

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FCPA Compliance Report - International Edition

Compliance Report-International Edition-Tim Khasanov on Compliance in post Soviet states

Integrity Corp. 50 Tips for Your Compliance Program in the Post-Soviet States.  Timur has worked in compliance, legal, consulting, and corporate governance roles in Russia, Uzbekistan, the United States, Kazakhstan, and Ukraine.  He has successfully launched and supervised execution of compliance programs for global and local businesses in the mining, energy, and pharmaceutical industries.
Tim has also recently released the first two installment of Compliance Man the first graphic novel of a compliance practitioner. You can find out more about Tim on his firm’s website, Complianceinpostussr.com.
We look at the former Soviet Union states, one of the most interesting region for Compliance professionals. we will touch 10 hot questions on corporate ethics in this region. Tim answers the following questions
1: Can we define this region as a single territory for the Compliance program structuring?
2: What regulatory trends should be taken in consideration by compliance practitioners in charge of this geography?
3: What is the biggest challenge in embedding corporate Compliance program in this region?
4:  Do you have any practical recommendations as to “dissemination of integrity” among personnel locally?
5: Is it legally permissible to deploy our FCPA/UKBA programmes in the countries of the region?
6: What is the most effective way to deliver training in this part of the world?
7: If there are any important things to remember when imposing penalties for misconduct on local personnel?
8: Do people on the ground appreciate compliance & ethics efforts?
 
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What are some key compliance considerations in post-Soviet states?
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Across the Board

Across the Board-Episode 1, The Uber Board

Oversight – What compliance expertise has been available on the board of directors?”, you need to have not only the structure of the Board Level Compliance Committee but also the specific subject matter expertise (SME) on the Board and on that committee.
Finally, recognizing that compensation can be a powerful motive to induce ethical and even business appropriate behavior the Board recommended that it use compensation to hold senior executives accountable by “incorporating ethical business practices, diversity and inclusion, and other values from Uber’s Business Code of Conduct into its executive compensation program. This compensation program would be coupled with training on the company’s revamped ethical business practices, diversity, inclusion and other key corporate values.
As is often the case, it is the editorial board at the FT which has some of the best advice for businesses, both in the UK and the US. In a piece entitled “At Uber, counting the cost of winner take all the paper said, there are three groups which can influence the behavior for Uber going forward: the company’s owners, largely Kalanack and his cronies; the Board of Directors, think about Bonderman at this point; and its customers, IE., you and me. As to the final group, we can vote with our pocketbook by changing over to other ride-sharing companies such as Lyft.
Most importantly, the Uber ownership structure is a forbearer of ownership being concentrated in the hands of a few key founders. If they do not put compliance and ethics into the ethos of the company at an early phase, they cannot be forced to do so by shareholders or investors. This anomaly will make independent Boards of Directors more critical for getting such companies ready to go public. For if such companies cannot meet the requirements of a public company, everyone loses.
 
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What role did the Uber Board play in its culture disaster and what role must it play going forward?
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© Thomas R. Fox, 2017]]>