Categories
Daily Compliance News

July 2, 2020-the Novartis Pays More edition


In today’s edition of Daily Compliance News:

  • Will Congress finally toughen up AML legislation? (Washington Examiner)
  • Novartis settles follow on civil litigation. (WSJ)
  • Business Roundtable endorses police reform. (WaPo)
  • Corruption in the Vatican, I’m shocked. (Reuters)
Categories
Innovation in Compliance

Navigating an Increasingly Complex Sanctions Landscape: New Exposures for Corporations and Shipping

Welcome to the podcast series: In Conversation with K2 Intelligence FIN: Navigating an Increasingly Complex Sanctions Landscape. This series is sponsored by K2 Intelligence FIN. This week I will visit with  Adam Frey, Managing Director at Intelligence FIN and Eric Lorber, Vice President at Intelligence FIN.

Over the week, we will review the current sanctions landscape, discuss how to build a sanctions compliance program, walk listeners through what happens when you discover a sanctions breach or potential breach, consider new sanctions exposure and conclude with a look in that veiled land of the future by considering issues on the horizon. In this Episode 4, I am joined by Eric Lorber regarding new sanctions risk exposures for commercial corporations and in the shipping space.

Join us tomorrow for our concluding Episode 5 with Adam Frey as we peer down the road and consider some issues on the horizon for sanctions compliance.
Resources
For more information on K2 Intelligence FIN’s Sanctions Risk Advisory Services, click here.
For more information on Navigating the Sanctions Minefield: What Every Global Business Should Know, click here.

Categories
Compliance and Coronavirus

Bill Sanders on the Business Change Brought About by Covid-19


Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. In this episode, I visit with Bill Sanders on issues the speed of business change brought on by Covid-19. These issues include how Sanders sees Covid-19 accelerating business change and the 3 things which a person or company can do to prepare for the future of work. We conclude with a discussion of what I see as an upsurge in M&A in Q3 & Q4 and the advice Sanders is you giving out now to prepare companies for this change.
For more information on Bill Sanders and Roebling Strauss, check out their website here.
For a copy of From Hierarchy to High Performance, click here.Bill Sanders on the Business Change Brought About by Covid-19

Categories
The Walden Pond

Trusted Conversations: Rethinking How Whistleblower Hotlines are Delivered in Organizations with Sylvain Mansotte


Sylvain Mansotte is the co-founder and CEO of Whispli, and this week’s guest. Whispli is a Boston-based company focused on innovating how corporate whistleblower programs are delivered. Sylvain joins Vince Walden to discuss what makes Whispli different from traditional hotlines, the importance of trust and anonymity, and how their programs work.

Traditional whistleblowing hotlines are bureaucratic and anxiety-inducing. In most cases, the lack of anonymity causes employees to hesitate in reporting misconduct, and some do not report it at all for fear of losing their jobs or suffering harsh consequences. Sylvain estimates that companies will miss 90% of reports because of a lack of anonymity in whistleblowing programs. Whispli is an innovative alternative to the traditional compliance hotlines, that promises complete anonymity with secure two-way communication channels. 
Trust is the ultimate human currency and the foundation of all relationships. Whispli offers a level playing field for employees and higher-level workers to have conversations about difficult topics in a safe environment. It builds trust, which makes employees more inclined to speak up and report misconduct. Whispli allows users to change their avatar for each conversation to further maintain anonymity, and the system delivers all reports to their respective departments. Whispli is primarily a written communication channel, but if employees wish to call in, there is a hotline available in the program. They have also developed a mobile app, whose features include real-time voice modification.
Resources
Sylvain Mansotte on LinkedIn
Whispli.com

Categories
Life with GDPR

Duty of Data Processor to Report Data Breach


In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider recent decision by the Swedish Data Protection Authority recently imposed a fine of 200,000 Swedish kronor (approximately €18,700 or $21,320) on the Swedish National Government Service Centre (“the NGSC”) for failing to notify both the Data Protection Authority and others about a personal data breach in sufficient time.  Some of the highlights are:

  1. What were the issues and interests involved in this case?
  2. What are the requirements for a reporting of a data breach under GDPR?
  3. What are the differences in duties of the Data Processor and Data Controller?
  4. What are the implications going forward?
  5. What is this decision’s precedential value?
  6. Is the decision Kafkaesque in its reasoning?

Check out the Cordery Compliance, client alert on this case, click here. 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.

Categories
Compliance Into the Weeds

Novartis FCPA Enforcement Action


Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. In this episode Matt Kelly and Tom Fox take a look the recently announced Novartis FCPA enforcement action. We discuss the background facts, bribery schemes, fines and penalties, data analytics approach and conclude with lessons learned.
Resources
From Matt, Novartis Settles FCPA Case for $345 Million
From Tom
Part 1-Introduction
Part 2-the Bribery Schemes
Part 3-Internal Controls
Part 4-Fines, Penalties and Recidivism

Categories
Innovation in Compliance

Navigating an Increasingly Complex Sanctions Landscape: What Happens if You Have a Sanctions Violation

Welcome to the podcast series: In Conversation with K2 Intelligence FIN: Navigating an Increasingly Complex Sanctions Landscape. This series is sponsored by K2 Intelligence FIN. This week I will visit with  Adam Frey, Managing Director at Intelligence FIN and Eric Lorber, Vice President at Intelligence FIN.

Over the week, we will review the current sanctions landscape, discuss how to build a sanctions compliance program, walk listeners through what happens when you discover a sanctions breach or potential breach, consider new sanctions exposure and conclude with a look in that veiled land of the future by considering issues on the horizon. In this Episode 3, I am joined by Eric Lorber On what to do if you have a sanctions violation or think you may have violated a sanctions program.

Frey concluded by stating, “these are the types of sort proactive steps that I think OFAC and the regulatory authorities would really like to see. It is signaling is we are taking this seriously. It’s very much a sort of a signal that we are on your side enforcement agencies and regulatory authorities.”
Join us tomorrow where I am joined again by Eric Lorber to consider new sanction risk exposures for commercial corporations and in the shipping space.
Resources
For more information on K2 Intelligence FIN’s Sanctions Risk Advisory Services, click here.
For more information on Navigating the Sanctions Minefield: What Every Global Business Should Know, click here.

Categories
Compliance and Coronavirus

Cindy Flynn on Employment Law Issues Brought on by the Reopening After Covid-19


Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. In this episode, I visit with Cindy Flynn, a founding partner in the law firm of Hackler Flynn. We consider various employment law issues relating to reopening of the economy after the initial phase of Covid-19. These issues include how Flynn and her colleagues are helping clients think through the employment issues as we start a phased reopening; issues she anticipates down the road in Q3 and Q4 in the employment law arena; how business liability for Covid-19 be handled for employees, for customers and for Contractors/vendors. For more information on Cindy Flynn and her law firm, check out their website here.

Categories
Great Women in Compliance

Sherry Williams – Black Lives Matter and Ethics and Compliance


Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
There is no question that 2020 has had challenges that were unprecedented.  However, the issues that are at the foundation of the Black Lives Matter movement have existed for a long time, and this is a moment where all of us can reflect on our world and also on our profession.
Sherry Williams is a distinguished leader in ethics and compliance, and her most recent role was at Jabil as the Vice President, Deputy General Counsel and Global Chief Ethics and Compliance Officer.  Before that, she was also the Chief Compliance Officer at Halliburton.
Sherry graciously agreed to speak with Lisa Fine about the current situation in the US from her perspective – as a Black woman who has worked at the most senior levels of large organizations.  She started at a major law firm and speaks about her personal experiences and learnings over the years – from challenging norms to addressing microaggressions.
Sherry is also a mother and talks about how this moment has impacted her in that role, and how different generations perceive and address societal issues.  She also talks about the unique role that compliance officers have, and how we can use our work to address inequity and inequalities.
This is first episode which has a specific focus on race in the U.S., but the Great Women in Compliance podcast is committed to be a part of this discussion and learning from different voices in the ethics and compliance world on these critically important issues.
Join the Great Women in Compliance community on LinkedIn here.

Categories
The Affiliated Monitors Expert Podcast

What areas should be assessed in an overall compliance program assessment?


In this episode I visit with Vin DiCianni on how ethical culture is a part of an overall ethics and compliance program assessment and how to go about it. We began with an exploration around the areas assessed to help determine if a company has an ethical culture. DiCianni said you need a framework for such an assessment. DiCianni advocates starting with the program itself. This means a review of what does the organization’s compliance program look like and does it meet the foundational tenants? He would ask such questions as whether it is educational; does it have a process for detection; and is there some type of remediation when something is found? From this baseline, you might consider what the company is doing for training to educate their staff, are they really touching on the elements of the parts of education that the staff need and is it meaningful to them in their positions? In other words, is the training both focused and effective?
DiCianni concluded with accountability. He said, “I think the other one that I can’t emphasize enough is accountability. You know if there are serious violations of an ethics policy of the company, be it conflicts of interest or code of conduct. If nothing is done about it, everyone in the organization knows about that. It diminishes all of the efforts that have gone into creating this program and trying to have an ethical culture. If you do not do anything to enforce it, when something serious happens, it literally becomes a futile exercise”.