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Daily Compliance News

Daily Compliance News: May 22, 2024 – The Prosecutorial Misconduct 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:

  • Prosecutorial misconduct eviscerates Fat Leonard convictions.  (WaPo)
  • Fewer meetings, more memos. (FT)
  • Did the supplier bankrupt Red Lobster? (Bloomberg)
  • Boomerang CEOs. (Bloomberg)

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

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Blog

Making Ethics & Compliance Training Memorable: Part 3 – How Experiential Learning Can Engage Employees

There is not much I enjoy more than sitting down with one of the innovative thinkers in compliance, Carsten Tams, to find out what he is thinking about compliance. I recently had the opportunity to make Ethics and Compliance (E&C) training memorable. We explored this topic over a five-part podcast series on the Innovation in Compliance podcast on the award-winning Compliance Podcast Network.

I will explore these topics in the blog format over the next five blog posts. I will introduce the problem and challenges and then provide you with four proven strategies for success in your compliance training. I will take a deep dive into why traditional E&C training often fails to engage employees and lacks impact on their behavior despite significant investments. In Part 3, we discuss the concept of experiential learning and how compliance professionals can use its tactics and strategies to make their compliance training more engaging and effective.

We began with the basics of the theory and practical aspects of experiential learning. Tams started with a metaphor, “Imagine learning how a motorcycle engine works. One way is to read the manual, study the technical drawings, and understand it theoretically. Alternatively, you could disassemble the engine, experiencing the resistance of the nuts and bolts, and then reassemble it. This hands-on approach exemplifies experiential learning.” It is not simply about receiving information but actively generating knowledge through problem-solving, building, and experimenting. This method leads to a deeper understanding of issues, better retention of information, and improved ability to apply learned concepts to new situations.

We then explored how compliance professionals utilize experiential learning and what it looks like in the ethics and compliance world. In organizational ethics, experiential learning can be implemented in various ways. One effective method is to create lifelike scenarios for small groups to solve. Tams noted, “Consider a scenario where an employee overhears a discussion about hiring a new colleague, focusing on inappropriate criteria such as gender or ethnic background. The group’s task is to develop a strategy to address this ethically.”

Participants should consider the ethical commitments at stake, brainstorm possible actions, and identify available resources and support within the organization. This approach helps understand ethical behavior and engages learners in practical problem-solving, making the training more impactful.

The user experience is crucial. Experiential learning engages participants profoundly, making the training more memorable and effective. Historically, the concept of experiential learning is ancient. Tams pointed to Aristotle, who emphasized learning by doing, particularly in ethics, stating that people become just by performing just acts. Confucius also highlighted the importance of experiential learning. In the 20th century, educational theorists like John Dewey, David Kolb, and Maria Montessori further developed these ideas, emphasizing the role of hands-on experiences in learning. Modern cognitive science supports this, showing that cognition is closely linked to action and sensory experiences.

One important concern is addressing regulatory concerns should the DOJ or SEC ever require compliance training as laid out in the 2023 Evaluation of Corporate Compliance Programs. Tams believes a “blended approach can address it. While experiential learning offers deeper engagement, foundational online training can provide basic information and ensure documentation. Combining both methods allows organizations to meet regulatory requirements while enhancing the overall training effectiveness.”

For large organizations, scaling experiential learning is possible through a train-the-facilitator model. Ethics ambassadors or compliance champions can be trained to conduct these sessions locally, ensuring broader reach without compromising on the quality of the training experience.

We concluded with some practical steps to implement experiential learning. They include:

  1. Start Small: Integrate experiential learning into existing meetings or training sessions. Use lifelike scenarios to engage participants in problem-solving exercises.
  2. Train Facilitators: Develop a train-the-facilitator program to equip ethics ambassadors or HR partners with the skills to conduct experiential learning sessions across various locations.
  3. Blend with Traditional Methods: Combine experiential learning with foundational virtual training to ensure comprehensive coverage of compliance topics and allow for documentation.
  4. Leverage Technology: Utilize digital platforms to create interactive simulations and role-playing exercises that can reach a broader audience within the organization.
  5. Measure Impact: Use feedback and assessment tools to evaluate the effectiveness of experiential learning activities and make necessary adjustments to improve outcomes.

Experiential learning represents a transformative approach to compliance and ethics training. Engaging learners in hands-on, real-world problem-solving fosters a more profound understanding and better retention of ethical principles. While it may require additional effort to document and scale, the benefits of creating more meaningful and impactful learning experiences are well worth it. Integrating experiential learning with traditional training methods can help compliance professionals build a more robust and effective ethics training program as we move forward.

By taking these steps, compliance professionals can harness the power of experiential learning to enhance their training programs and foster a culture of ethical behavior within their organizations.

Join us in our next blog post, in which we consider the social aspects of learning for your compliance training regime.

Categories
Uncovering Hidden Risks

Ep 16 – Securing the Digital Frontier: Global Regulatory Readiness with Microsoft  

Beau Faull, Technology Specialist at Microsoft and Asia Security Strategy Leader, Dmitry Butko,  join guest host Manny Sahota on this week’s episode of Uncovering Hidden Risks. Today’s episode sets the stage for a detailed exploration of regulatory challenges, cybersecurity trends, and Microsoft’s approach to ensuring regulatory readiness in the digital landscape. Beau discusses Australian and global regulations, emphasizing the need to meet industry standards like GDPR and Essential 8, while Dmitry expresses excitement about the increasing focus on regulatory compliance. The discussion highlights the complexities of balancing technology solutions with regulatory compliance, the importance of responsible data management practices, and the evolving culture of cybersecurity within organizations.

In This Episode You Will Learn:

  • The vital role of general counsel in tech solutions and compliance decisions
  • Misconceptions surrounding AI’s role in surfacing security issues within organizations
  • The importance of aligning technology solutions with regulatory requirements

Some Questions We Ask:

  • How does Microsoft integrate security into product development?
  • What are some global cybersecurity trends, particularly in regions like Australia?
  • How does Microsoft Copilot ensure global regulatory compliance?

Resources:

View Beau Faull on LinkedIn

View Dmitry Butko on LinkedIn

View Manny Sahota on LinkedIn

View Erica Toelle on LinkedIn  

Connect with the Compliance Podcast Network at:

LinkedIn: https://www.linkedin.com/company/compliance-podcast-network/
Facebook: https://www.facebook.com/compliancepodcastnetwork/
YouTube: https://www.youtube.com/@CompliancePodcastNetwork
Twitter: https://twitter.com/tfoxlaw
Instagram: https://www.instagram.com/voiceofcompliance/
Website: https://compliancepodcastnetwork.net/

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Innovation in Compliance

Making Compliance Training Memorable: Gamechanger 1 – Focus on Strengths

There is not much Tom Fox enjoys more than sitting down with one of the most innovative thinkers in compliance, Carsten Tams, to find out what is on his mind regarding compliance. Tom Fox recently had the opportunity to do so on the topic of making compliance training memorable. Over this short, five-part series, we will introduce the problem and challenges and then provide you with four game-changing strategies you can employ for success in your compliance training.

In this Episode 2, we discuss the concept of focusing on strengths within compliance and ethics training as opposed to traditional deficit-based methods that highlight potential misconduct.

When we instruct people about prohibited behaviors and how the company detects and disciplines misconduct, employees often feel mistrusted and alienated. They tune out. This is deficit-based learning. It approaches the learner as a risk factor or potential delinquent. It aims to constrain unwanted behaviour.

When employees can learn how to effectively shape and safeguard the ethical workplace they aspire to, they feel inspired and tune in. This is strength-based training. It approaches the learner as a valued partner in maintaining integrity.

It assumes that people have capabilities, It aims at eliciting and strengthening the positive ethical faculties already present in most people.

Tom and Carsten urge a shift in perspective so that learners are viewed as valued partners, drawing upon the principles of self-affirmation theory and strength-based approaches found in various sectors like healthcare and education. This approach aims to engage learners by acknowledging and enhancing their capabilities, ethical values, and problem-solving skills, thus fostering a sustainable ethical culture within organizations. Examples of successful applications of this approach, including innovative training methods and programs like UNESCO’s card game and the ‘Giving Voice to Values’ curriculum, are highlighted. The conversation underscores the importance of designing training that not only prevents misconduct but also supports and develops employees’ strengths, thereby enhancing overall company culture.

 Highlights and Key Issues Discussed:

  • The Problem with Deficit-Based Training Approaches
  • The Power of a Strength-Based Approach
  • Real-World Applications and Success Stories
  • Practical Steps Towards Strength-Based Training
  • Building a Sustainable Ethical Culture

Resources:

Carsten Tams on LinkedIn

Emagence Consulting

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

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Everything Compliance - Shout Outs and Rants

Everything Compliance: Episode 135 – Shout Outs and Rants

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows.

In this episode, we have the septet of shout-outs and rantors; Jonathan Marks, Matt Kelly, special guests Karen Moore and Mike DeBernardis, all hosted by Tom Fox.

1. Matt Kelly praises the Supreme Court for upholding the constitutionality of the CFPB’s rants about right-wing radicals trying to destroy democratic institutions through the courts.

2. Guest Panelist Karen Moore sends sympathies to all those who have experienced flooding and shouts out to two Brazilian rowers, Evaldo Mathias Becker and Piedro Tuchtenhagen, who gave up on their Olympic dreams to stay in their home state of Rio Grande do Sul after heavy rains devastated the state.

3. Jonathan Marks shouts out to Dylan Beard, a Walmart deli worker who qualified for spot at the U.S. Olympic track and field trials in June in the hurdles. As an unsponsored athlete, his employer, Walmart, presented him with a check for $20,000 so his friends and family could support him as he made his way to the Olympic trials.

4. Special Guest Panelist Mike DeBernardis shouts out to the Washington Commanders for some long-awaited sanity with the club’s new owners.

5. Host Tom Fox shouts out to the City of Louisville for the bookend of Sydney Thomas saving lives and arresting the World’s Number 1 golfer, Scottie Scheffler, while driving on his way to the PGA Golf Tournament at Valhalla Country Club.

The members of the Everything Compliance are:

• Jay Rosen – Jay can be reached at Jay.r.rosen@gmail.com

• Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com

• Jonathan Armstrong – is our UK colleague and an experienced data privacy/data protection lawyer in London. He can be reached at windyridgehouse@gmail.com.

• Jonathan Marks can be reached at jtmarks@gmail.com.

Special Guest Karen Moore can be reached at Kmoore51@fordham.edu

Special Guest Mike DeBernaris can be reached at the law firm’s website, www.hugheshubbard.com/.

The host, producer, and ranter (and sometimes 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.

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Compliance Tip of the Day

Compliance Tip of the Day: The Democratization of Data

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.

In today’s episode, we look at why the goal of every compliance function is to eliminate data silos and enable easy data access and analysis.

 

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

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Daily Compliance News

Daily Compliance News: May 21, 2024 – The All NYT 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:

  • The Senate says BMW used forced labor on car parts.  (NYT)
  • The OZY fraud trial begins. (NYT)
  • Chinese firms are both a rock and a hard place. (NYT)
  • How to dodge a tariff. (NYT)

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

Categories
Blog

Making Ethics & Compliance Training Memorable: Part 2 – What is Strength Based Training?

There is not much I enjoy more than sitting down with one of the innovative thinkers in compliance, Carsten Tams, to find out what is on his mind regarding compliance. I recently had the opportunity to do so on the topic of making Ethics and Compliance (E&C) training memorable. We explored this topic over this short five-part podcast series on the  Innovation in Compliance podcast series on the award-winning Compliance Podcast Network.

Over the next five blog posts, I will also explore these topics in the blog format. I will introduce the problem and challenges and then provide you with four proven strategies for success in your compliance training. I deeply dive into why traditional E&C training often fails to engage employees and needs more impact on their behavior despite significant investments. In Part 2, we discuss focusing on strengths within compliance and ethics training instead of traditional deficit-based methods highlighting potential misconduct.

Employees often feel mistrusted and alienated when we instruct people about prohibited behaviors and how the company detects and discipline misconduct. They tune out. This is deficit-based learning. It approaches the learner as a risk factor or potential delinquent. It aims to constrain unwanted behavior. When employees can learn how to shape and safeguard the ethical workplace they aspire to effectively, they feel inspired and tune in. This is strength-based training. It approaches the learner as a valued partner in maintaining integrity. It assumes that people have capabilities and aims to elicit and strengthen the positive ethical faculties already present in most people.

Traditional compliance training often begins with the assumption that employees might engage in inappropriate behavior. This deficit-focused approach can make employees feel like potential delinquents, which is counterproductive. When training casts employees in a negative light, it threatens their self-concept and leads to disengagement. Self-affirmation theory in psychology supports this, suggesting that people must feel respected and valued to stay engaged.

In contrast, a strength-based approach recognizes and builds upon the positive capabilities that employees bring to the table. This method has proven successful in various fields, including healthcare, aviation safety, and education. It engages employees more effectively by acknowledging their existing values, problem-solving skills, and capacity for ethical behavior.

I would not talk about Carsten Tams if I did not cite his signature line, “It’s All About the UX.” This highlights the significance of user experience in training, as effective compliance training should integrate employees as valued partners. Focusing on learners’ needs and expectations can make training more engaging and impactful. This shift from content-centric to learner-centric training is crucial for building trust and engagement.

Employees inherently possess ethical values and capabilities. Research by Jonathan Haidt on Moral Foundations Theory indicates that people worldwide share basic moral intuitions such as fairness and respect. Employees also bring problem-solving skills and the ability to act and speak up when they observe unethical behavior. The Association of Certified Fraud Examiners, in its annual Report to the Nations, has consistently found that employee tips are the primary source of detecting misconduct, highlighting the importance of empowering employees as ethical agents.

Strength-based training involves recognizing and developing these inherent capabilities. Some examples are:

  1. Scenario-Based Training: Traditional deficit-based scenarios focus on spotting problems and avoiding rule-breaking. Strength-based scenarios, however, go further by engaging learners in problem-solving. Employees are presented with situations where they can devise strategies to uphold ethical values and prevent negative outcomes. This approach utilizes their creative and critical thinking skills.
  2. Collaborative Learning: Encouraging social interactions and mutual support among employees can enhance the training experience. Fostering a sense of community and collective efficacy can help employees feel more confident in intervening against unethical behavior.
  3. Active Bystander Training: In areas like anti-sexual harassment, training that views employees as potential allies rather than potential offenders has shown positive results. Programs like active bystander training empower employees to act and support each other in maintaining a respectful workplace.

Strength-based training does more than prevent misconduct; it contributes to building an organization’s sustainable, ethical culture. By enabling and encouraging most employees to act on their moral values, organizations create an inhospitable environment for potential wrongdoers. This approach is more effective than relying solely on top-down communications about zero-tolerance policies and disciplinary measures.

Tams emphasizes that a supportive and proactive community within the workplace can deter unethical behavior more effectively than distant enforcement. In criminology, research on collective efficacy shows that communities with strong social ties and confidence in their ability to address incivilities experience lower crime rates. The same principles can apply within organizations, where a collective commitment to ethical behavior creates a powerful deterrent against misconduct.

Strength-based ethics and compliance training represent a paradigm shift in how organizations approach compliance. By focusing on employees’ positive capabilities and fostering a supportive and engaging training environment, companies can build a more resilient and ethical culture. This approach enhances compliance and empowers employees to be active partners in maintaining and promoting ethical standards. As organizations continue to evolve, integrating these principles into training programs can lead to more effective and sustainable outcomes.

Join us tomorrow, where I take a deep dive into making your compliance training experiential.

Categories
Uncovering Hidden Risks

Ep 15 – Secure Access in the Era of AI

Jef Kazimer, Microsoft’s Principal Product Manager, and Bailey Bercik, Senior Product Manager, join Erica Toelle and guest host Lisa Huang-North on this week’s episode of Uncovering Hidden Risks. Today’s episode will focus on security in the era of cloud and AI, with insights from Microsoft Security’s product team. It will encompass AI-driven security measures, data protection, identity management, and compliance in the cloud while providing valuable insights for professionals navigating the evolving landscape of cloud security and AI’s influence on it. Together, they discuss the importance of basic security hygiene, the implications of sophisticated AI-based attacks, and the necessity of adopting a defense-in-depth strategy to protect against emerging threats.

In This Episode You Will Learn:

  • The use of generative AI in attack vectors like phishing and social engineering
  • Principles of zero trust and how they apply to AI systems
  • Challenges and opportunities for securing identity and access in 2024

Some Questions We Ask:

  • How can organizations leverage Microsoft’s Zero Trust framework to protect their data?
  • What are the best practices when implementing passwordless authentication?
  • Are the principles of Zero Trust still relevant to this new wave of threats?

Resources:

View Lisa Huang-North on LinkedIn

View Jef Kazimer on LinkedIn

View Bailey Bercik on LinkedIn 

View Erica Toelle on LinkedIn     

Connect with the Compliance Podcast Network at:

LinkedIn: https://www.linkedin.com/company/compliance-podcast-network/
Facebook: https://www.facebook.com/compliancepodcastnetwork/
YouTube: https://www.youtube.com/@CompliancePodcastNetwork
Twitter: https://twitter.com/tfoxlaw
Instagram: https://www.instagram.com/voiceofcompliance/
Website: https://compliancepodcastnetwork.net/

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Innovation in Compliance

Making Compliance Training Memorable: The Problem

There is not much I enjoy more than sitting down with one of the most innovative thinkers in compliance, Carsten Tams, to find out what is on his mind regarding compliance. I recently had the opportunity to do so on the topic of making compliance training memorable. Over this short, five-part series, we will introduce the problem and challenges and then provide you with four game-changing strategies you can employ for success in your compliance training.

In Episode 1, we provide the lay of the land, explain when ethics training needs some fresh ideas, discuss some of the challenges ethics training is facing and conclude with a summary of the solutions we see.

Tom and Carsten take a deep dive into why traditional E&C training often fails to engage employees and lacks impact on their behavior, despite significant investments. This episode sets up the problem by exploring the historical context of E&C training, the difference between European values-focused and American rules-regulation approaches, and how these methods have evolved.

Their discussion highlights several barriers to effective training, including training being seen as a checkbox exercise, the deficit-focused nature, passive learning methods, isolation, and a lack of playfulness. They also touch on the promising findings that training can be effective when it delivers a positive user experience, emphasizing the need for innovative approaches to improve engagement and behavioral impact. The podcast series aims to explore solutions and strategies for making E&C training more engaging and effective, grounded in four proven principles of learning design. 

Highlights and Issues

  • Introduction to the Series on Ethics and Compliance Training
  • Identifying the Problem with Current Ethics and Compliance Training
  • Exploring the Ineffectiveness of Traditional Training Approaches
  • The Four Engagement Killers in Compliance Training
  • Towards a More Effective Training Approach: Preview of Upcoming Episodes

Resources:

Carsten Tams on LinkedIn

Emagence Consulting

Tom Fox

Instagram

Facebook

YouTube

Twitter