Author: admin

Categories
All Things Investigations

All Things Investigations: Tom Lee on Invalidation of The Chevron Deference

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast All Things Investigation. In this podcast, host Tom Fox welcomes back Tom Lee to take a deep dive in the Supreme Court’s invalidation of the Chevron deference and what it means going forward.

In this episode, special counsel Tom Lee joins the podcast to discuss the Supreme Court’s recent decision in the Loper Bright case, which overruled the long-standing Chevron deference. Lee explains the implications of this ruling on how courts interpret ambiguous statutory terms and provides insights into the decision’s grounding in the Administrative Procedure Act rather than the Constitution. He also discusses the potential impact on past cases decided under Chevron, future regulatory challenges, and the strategic considerations for companies navigating the new legal landscape. Throughout, Lee offers a thorough analysis of the evolving legal environment and its consequences for administrative law.

Key Highlights

  • Overview of the Loper Case and Chevron Deference
  • Supreme Court’s Decision and Its Implications
  • Consequences of Overruling Chevron Deference
  • Future Challenges and Legal Strategies
  • Administrative Procedures Act and Its Impact

 Resources:

Hughes Hubbard & Reed website

Thomas Lee

HHR Client Alert-Litigation After the Demise of Chevron Deference

Categories
Corruption, Crime and Compliance

NAVEX State of Risk and Compliance Programs

Is your HR department rolling their eyes at compliance? Does your company have a non-retaliation policy? The report, based on over 1,000 global responses, reveals growing maturity in compliance programs but notable gaps, such as only 61% having a hotline and 55% having a non-retaliation policy.

Join us on this week’s Corruption Crime and Compliance to learn how cross-functional relationships are strong with data privacy and risk but weak with HR and finance. Michael Volkow highlights NAVEX’s report, showing compliance’s high engagement in processes like reputational harm and data breaches but often being involved late in mergers and acquisitions.

Learn that common compliance issues include privacy, cybersecurity, and regulatory demands. The report also covers ESG programs and the need for better third-party risk management – tune in to hear more!

You’ll hear him talk about:

  • How compliance is often brought in late during mergers and acquisitions, with 20% of respondents noting no engagement in these processes.
  • Notable gaps that include only 61% of organizations having a hotline or whistleblower internal reporting channel and only 55% having a non-retaliation policy.
  • How the report shows progress in the maturity of compliance programs, with half of the respondents rating their programs in the top two tiers of maturity.
  • Compliance having strong relationships with data privacy and risk functions but experiencing significant resistance from HR and finance departments.
  • Half of the organizations experiencing at least one compliance issue in the past three years, with privacy and cybersecurity being the most common issues.
  • Two-thirds of boards receiving periodic compliance reports, but one-third do not, highlighting a need for improved board engagement in compliance matters.

Resources:

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

Navex State of Risk and Compliance Report

Categories
Adventures in Compliance

The Last Bow Stories: Forensic Investigation Lessons from “The Adventure of The Bruce – Partington Plans”

Welcome to a review of all the Sherlock Holmes stories which are collected in the work, “The Last Bow“. It is a collection of eight detective stories written by Sir Arthur Conan Doyle, from 1908 to 1917. The collection spans some of the most intriguing cases and mysteries that Holmes and his loyal friend Dr. John Watson tackle.

Today we take up The Adventure of Bruce-Partington Plans which appeared in the Strand Magazine in December 1908 as we consider some forensic investigations for the compliance professional from The Adventure of Bruce-Partington Plans.

In this episode of ‘Adventures in Compliance,’ host Tom Fox introduces a new season exploring Sherlock Holmes stories from the collection ‘His Last Bow.’ The episode focuses on ‘The Adventure of the Bruce Partington Plans.’ Tom discusses how forensic techniques used by Holmes can be applied to compliance investigations, including physical evidence analysis, deductive reasoning, financial transaction tracing, witness interviews, and crime scene reconstruction. The episode also includes a word from the sponsor, Ethico, highlighting a case management solution.

Key Highlights

  • The Adventure of the Bruce Partington Plans
  • The Mystery of Arthur Cadogan West
  • Holmes’ Investigation Techniques
  • Applying Holmes’ Forensic Investigative Methods to Compliance

Resources:

The New Annotated Sherlock Holmes

Sherlock Holmes FAQ

Connect with Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

Categories
Daily Compliance News

Daily Compliance News: July 29, 2024 – The RTX Reserves 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:

  • Raytheon (RTX) sets aside $959MM for pricing, corruption probe fine.  (Bloomberg)
  • State Street agreed to $7.5MM fine for Russia sanctions violations.  (WSJ)
  • Top Trump bundler connected FirstEnergy corruption scandal. (Ohio Capital Journal)
  • Trump vows to end crypto enforcement. (FT)

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

Categories
FCPA Compliance Report

FCPA Compliance Report: Bob Tarun and Peter Tomczak on The FCPA Handbook, Part 2

Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance.

In this edition of the FCPA Compliance Report, Tom Fox conclude this two-part episode with Bob Tarun and Peter Tomczak from Baker & McKenzie who discuss the latest edition of their book the Foreign Corrupt Practices Act Resource Handbook.

This episode provides an in-depth exploration of Delaware law’s Caremark duties and their evolution, particularly in anti-corruption compliance. The discussion highlights the challenges boards face in implementing and overseeing compliance programs. Additionally, it delves into the intricacies of defending FCPA investigations, with insights into recent high-profile cases such as those involving Walmart, Glencore, and Goldman Sachs.

The conversation also covers the international trends in anti-bribery and corruption enforcement, particularly focusing on regions like China, Southeast Asia, and the Middle East. Key compliance strategies and the importance of cross-border data privacy considerations in investigations are discussed, along with a critical look at the DOJ’s sophistication in evaluating corporate compliance programs.

Highlights in this Episode:

  • Introduction to Caremark and Delaware Law
  • Key Strategies for FCPA Investigations
  • Challenges in FCPA Trials and Compliance
  • International Anti-Corruption Trends
  • Future of FCPA Enforcement 

Resources:

Foreign Corrupt Practices Act Handbook

Bob Tarun

Email: RobertWTarun@gmail.com

Phone: 312-714-0225

Peter Tomczak

LinkedIn

Baker & McKenzie

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Sunday Book Review

Sunday Book Review: July 28, 2024, Books on Fraud Edition

In the Sunday Book Review, Tom Fox consider books that would interest the compliance professional, the business executive or anyone who might be curious. It could be books about business, compliance, history, leadership, current events or anything else that might interest me.

In today’s edition of the Sunday Book Review, we look at business top books on policies and procedures.

  • The Fraud Practitioner’s Handbook by Alan Doig
  • Practical Fraud Prevention by Gilit Saporta and Shoshana Maraney
  • Fraud Investigation Reports in Practice by Petter Gottschalk
  • A Short Guide to Fraud Risk by Martin Samociuk and Nigel Iyer

 

For more information on Ethico and a free White Paper on ROI for your compliance program, click here.

Categories
10 For 10

10 For 10: Top Compliance Stories For The Week Ending July 27, 2024

Welcome to 10 For 10, the podcast which brings you the week’s Top 10 compliance stories in one podcast each week.

Tom Fox, the Voice of Compliance brings to you, the compliance professional, the compliance stories you need to be aware of to end your busy week. Sit back, and in 10 minutes hear about the stories every compliance professional should be aware of from the prior week.

Every Saturday, 10 For 10 highlights the most important news, insights, and analysis for the compliance professional, all curated by the Voice of Compliance, Tom Fox. Get your weekly filling of compliance stories with 10 for 10, a podcast produced by the Compliance Podcast Network.

      • Crash victims’ families to oppose the new Boeing DPA. (Reuters)
      • Maersk pays $700K for wrongfully terminating a whistleblower. (WSJ)
      • CITGO prevails against bribery. (Reuters)
      • Senator Menendez submits his resignation. (Retuers)
      • Ohioans are still paying for FirstEnergy corruption. (Ohio Capital Journal)
      • Jho Low must return Mother’s diamonds.   (Bloomberg)
      • Navy corruption cases and COIs. (WaPo)
      • Meta tells the EU not to regulate us. (FT)
      • Delta is under investigation.   (NYT)
      • Is the doctor’s GTE registry working? (WSJ)

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

You can check out the Daily Compliance News for four curated compliance and ethics related stories each day, here.

Connect with Tom 

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Kerrville Weekly News Roundup

Kerrville Weekly News Roundup: July 27, 2024

Welcome to the Kerrville Weekly News Roundup. Each week, veteran podcaster Tom Fox and his colleagues Andrew Gay and Gilbert Paiz get together to go over a couple of their favorite stories from the past week from Kerrville and the greater Hill Country.

Sit back, enjoy a cup of morning coffee and listen in to get a wrap up of the Kerrville Weekly News. We each consider two of our favorite stories and talk about the upcoming weekend’s events which will enjoy or participate in this weekend.

In this episode, Tom takes a solo turn to look at some of the which caught his attention over the past week.

Stories Include:

  • UGRA river clean-up postponed
  • KPUB starts process for new generation plant
  • Big Storms in Kerr County
  • Tourism is up in Kerrville
  • Uninsured rate drop in Texas

Resources:

Tom Fox on LinkedIn

Gilbert Paiz on LinkedIn

Andrew Gay on LinkedIn

Texas Hill Country Podcast Network

The Lead

Kerrville Daily Times

Categories
Trekking Through Compliance

Trekking Through Compliance – Episode 55 – Assignment Earth

In this episode of Trekking Through Compliance, we consider the compliance lessons from Assignment Earth, which aired on March 29, 1968, Star Date unknown—the final episode of Season 2.

The Enterprise has used the light-speed breakaway factor to propel itself backward in time. It can monitor Earth communications while on a historical fact-finding mission to study how Earth survived 1968. While in orbit, the Enterprise accidentally intercepts a transporter beam originating more than 1000 light years away, beaming aboard interplanetary agent Gary Seven and his partner Isis, disguised as a black cat. His mission is to prevent Earth from destroying itself before it can become a peaceful society by destroying an orbital nuclear weapons platform launched by the US.

Chekov notes the arming of the warhead aboard the Enterprise, who attempts to contact Kirk for instructions. When the communicator beeps and the rocket base guard picks it up, Spock nerve pinches the guard and tells Scott to beam Kirk and himself to Seven’s apartment. They watch Seven explode the warhead 104 miles above the ground and meet Seven’s cat, Isis. Records from the Enterprise show that such an event occurred and that it caused the nuclear powers to reassess the risks of placing hydrogen bombs in orbit.

Commentary

This unique episode, intended as a backdoor pilot for a spin-off, features characters Gary Seven, Terry Gar, and Isis the Cat. Gary Seven’s mission, advanced technology, and covert interventions serve as a springboard to discuss compliance lessons such as effective oversight, challenges in regulating emerging technologies, and ethical considerations in surveillance. By drawing parallels with current compliance issues, Tom Fox offers valuable insights for compliance professionals navigating these complex areas.

Key Highlights

  • Episode Synopsis
  • Gary Seven’s Mission
  • Roberta Lincoln’s Involvement
  • Rocket Sabotage and Conclusion
  • Compliance Lessons from Assignment Earth

Resources

Excruciatingly Detailed Plot Summary by Eric W. Weisstein

MissionLogPodcast.com

Memory Alpha

Categories
Compliance Tip of the Day

Compliance Tip of the Day: A Compliance Performance Appraisal Review

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.

Today we consider the role of a Compliance Performance Appraisal Review.

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

To check out The Compliance Handbook, 5th edition, click here.