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Everything Compliance

Everything Compliance: Episode 140, The Fall is in The Air Episode

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

In this episode, we take up a potpourri of topics. We have the quartet of Matt Kelly Jonathan Armstrong, Jonathan Marks, and Karen Moore; all hosted by Tom Fox.

1. Matt Kelly looks at the RTX enforcement action by the State Department. He shouts out to the Brazilian judiciary for standing up the bullying tactics of Elon Musk in their legal dispute.

2. Karen Moore considers the Boston Consulting Group FCPA Declination. She shouts out to the Victorian Lyric Opera Company.

3. Jonathan Armstrong looks at HP and their decision to continue proceedings against the Estate of Mike Lynch after his death. He rants about Claude Wehrle and the Grenfell Tower disaster.

4. Jonathan Marks considers the role of the Audit Committee on a Board. He rants about his beloved Philadelphia Eagles and the NFL having their home opening on a Friday night in Brazil.

5. Tom Fox shouts out to Professor Stephen Bainbridge and his dismantling of the DExit fallacy.

The members of the Everything Compliance are:

Karen Woody – Is 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 and an experienced data privacy/data protection lawyer in London. He can be reached at his new law firm Jonathan.Armstrong@puntersouthall.law

Jonathan Marks can be reached at jtmarks@gmail.com

Karen Moore can be reached at Kmoore51@fordham.edu

The host and producer, rantor (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 award-winning Compliance Podcast Network.

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

Check out the full 3-book series, The Compliance Kids on Amazon.com.

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It's art

It’s art, let’s talk about it: The Evolution of an Art Collector: A Conversation with Tim Newton

The Museum of Western Art is dedicated to excellence in the collection, preservation, and promotion of Western Heritage and the education and cultural enrichment of our diverse audiences. The Museum serves as a bridge between the past and the present, ensuring that the legacy of the American West will be preserved for the future. Western Art is as engaging and important as ever.

In this award-winning podcast series, Museum Executive Director Darrell Beauchamp welcomes Tim Newton, publisher emeritus of Western Art and Architecture magazine.

Join host Darrell Beauchamp as he interviews Tim Newton about his journey from a kitchen remodeler to a significant figure in the Western art world. They discuss Tim’s deep connections with top artists like Scott Christensen and Quang Ho, his experiences curating prestigious art shows, and his passion for collecting art. Tim reveals insights into collecting and curating art, shares stories of his involvement with the Salmagundi Club, and previews his upcoming role curating ‘Night of the Artist’ for the Briscoe Museum. This podcast offers a rich blend of art history, personal anecdotes, and expert advice for aspiring collectors and artists.

Highlights Include:

  • Tim’s Background and Journey into Art
  • The Value of Art: Investment and Passion
  • Current Hot Artists in the Western Art Market
  • Scott Christensen and Quang Ho: Masters of Diversity
  • The Blockbuster Show: A Summer Highlight
  • Advice for Young Collectors

Resources:

Museum of Western Art

Darrell Beauchamp on LinkedIn

Tim Newton on LinkedIn

Briscoe Museum

Categories
Blog

The Case for Automation: Why Compliance Professionals Must Embrace the Future

In 2024, compliance is no longer just a check-the-box function but a vital component of risk management, corporate governance, and business strategy. As companies scale and regulations become more complex, the traditional methods of managing compliance—using spreadsheets, SharePoint, and manual processes—are proving inadequate. In a recent episode of the Innovation in Compliance podcast, Travis Howerton, Co-Founder and CEO of RegScale, emphasized the importance of automation in compliance, mainly through the lens of cybersecurity, digital transformation, and the growing regulatory burden. Their conversation sheds light on why compliance professionals need to embrace automation now more than ever.

Compliance and Digital Transformation: A Necessary Partnership

Compliance is often seen as the enemy of innovation, a cost center, and a roadblock to business development. Howerton recalls a time when cyber and compliance were usually viewed as the “no” force in an organization, blocking new initiatives due to concerns over risk. But times have changed. Compliance is no longer a hindrance to business growth but an enabler, especially when integrated into a company’s digital transformation efforts.

Howerton strongly advocates for compliance professionals to rethink their approach and adopt a more proactive stance. Rather than being the department that says no, compliance can empower businesses to move faster and innovate more effectively—provided they have the right systems in place.

Automation is key to this transformation. RegScale aims to digitize regulatory requirements into code, moving away from cumbersome and static processes like filling out spreadsheets and chasing paper trails. Automation makes compliance a “free outcome” of operational excellence, enabling businesses to focus on innovation without sacrificing their risk posture.

Why Continuous Monitoring Matters

The importance of continuous compliance monitoring is evident as regulatory frameworks become increasingly complex. Regulations evolve, not just in scope but also in speed, and a one-time audit or annual review is no longer sufficient. Continuous monitoring ensures compliance is not reactive but an ongoing activity that adapts as risks emerge and regulatory requirements change.

Manual processes have problems, and Howerton was quite candid about their limitations. Relying on spreadsheets, while familiar and easy to set up, often results in outdated or incomplete data. Compliance professionals who still rely on these methods work in a reactive mode, responding to issues only after they become serious. Worse, the inefficiencies of manual tracking can lead to missed deadlines, incomplete audits, and a false sense of security.

With automation, companies can continuously monitor compliance, ensuring they meet today’s standards and are prepared for tomorrow’s changes. Automated tools also reduce the risk of human error and can flag issues in real time, allowing compliance teams to address risks before they escalate.

How Automation Enhances Cybersecurity Compliance

Automation is not simply a nice-to-have for highly regulated industries like finance, healthcare, and national security; it is essential to doing business. Compliance in these sectors is about meeting external regulatory requirements and protecting the business’s core assets—its data, infrastructure, and, ultimately, reputation.

Howerton noted that cybersecurity has become a board-level concern for organizations across industries. No matter which party is in power or how political landscapes shift, cybersecurity will continue to be a top priority for businesses. A breach can lead to massive financial losses, reputational damage, and legal liabilities. Yet, cybersecurity compliance is notoriously difficult to manage, especially when relying on manual processes.

Automated compliance solutions can integrate cybersecurity frameworks into operational processes. Instead of requiring constant manual updates and reviews, these systems can continuously monitor for threats and ensure the necessary protections are in place.

Moreover, compliance officers can shift from reactive to proactive by digitizing regulations and automating reporting. They can focus on managing actual risks rather than spending time maintaining paperwork. This approach transforms compliance from a burdensome process into a critical driver of business value.

Overcoming Resistance to Automation

Despite the clear benefits, there is still resistance to automation in many compliance departments. Howerton acknowledges that much of this resistance is cultural. The introduction of automation may threaten some professionals, especially those with legal or non-technical backgrounds who worry that it will eliminate their roles. Others may believe that their current manual systems are “good enough.”

However, as Howerton explains, the pace of regulatory change and the speed at which new risks emerge mean manual processes are no longer sustainable. “Software is eating the world,” he says, and compliance is no exception. The complexity of managing compliance in a digital world will overwhelm businesses that need to adapt.

How can compliance professionals overcome this reluctance? By reframing the conversation. Automation doesn’t eliminate jobs; it enhances them. By taking over the repetitive, time-consuming tasks that no one enjoys—like chasing down documentation or managing endless spreadsheets—automation allows compliance professionals to focus on the higher-level strategic work that truly matters: managing risk, advising the business, and ensuring long-term compliance.

The Cost of Inaction

The most compelling reason to embrace automation is the cost of inaction. Compliance breaches can be devastating, both financially and reputationally. A breach or failed audit does not simply result in fines; it can lead to a loss of trust among customers, investors, and stakeholders.

In the long term, the organizations that thrive will have seamless, scalable, and sustainable integrated compliance into their business processes. Manual processes may have worked in the past, but as we approach 2030 and beyond, they will not be enough to keep up with the pace of change.

Howerton closes the discussion with a powerful analogy: “You don’t have brakes on a car to slow down; you have brakes so you can drive fast.” Compliance allows businesses to move faster, innovate more, and confidently explore new opportunities when done right. By embedding automation into their compliance programs, companies can protect themselves from risk while driving forward into new markets and opportunities.

The Future of Compliance is Automated

As we look to the future, one thing is clear: automation is no longer optional for compliance professionals. The growing complexity of regulations, the need for real-time monitoring, and the increasing importance of cybersecurity make it only possible for companies to rely on manual processes. Continuous monitoring, powered by automation, will be the key to managing these challenges effectively.

For compliance professionals, the time to embrace automation is now. The future is coming faster than ever, and those who fail to adapt risk being left behind.

Categories
Compliance Into the Weeds

Compliance into the Weeds: Pre – taliation Illegality- from Employment Contracts to All Contracts

The award winning, 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. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds!

In this episode, Tom Fox and Matt Kelly take a deep dive into the recent SEC enforcement actions against several companies for pre-taliation clauses and related illegal intent.

Our conversation discusses recent enforcement actions by the SEC sanctioned against seven companies for a total of $3 million in civil penalties. The main issue was that these contracts required employees to forfeit any right to whistleblower awards if they reported misconduct to regulators. The conversation explores the legality of these contract clauses and the chilling effect they have on potential whistleblowers. Tom and Matt also discuss the challenges of remediation and the need for a comprehensive approach to address retaliatory clauses in all types of contracts.

Key Highlights:

  • SEC Enforcement Actions on Pre-Retaliation Language
  • The Illegality of Pre-Retaliation Clauses
  • Addressing Pre-Retaliation Clauses: Remediation Challenges
  • Expanding the Focus: From Employment Contracts to All Contracts

Resources:

Matt in Radical Compliance

Tom 

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Check out the full 3-book series, The Compliance Kids on Amazon.com.

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Compliance Tip of the Day

Compliance Tip of the Day: Measuring Compliance Training Effectiveness

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 this episode, we consider the why of and how to measure compliance training effectiveness.

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

Check out the full 3-book series, The Compliance Kids on Amazon.com.

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Great Women in Compliance

Great Women in Compliance: Internal Controls and Compliance: Building a Successful Partnership

We emphasize the importance of “understanding the business,” in Ethics & Compliance, which is absolutely critical to our success.  One of the topics we discuss less frequently is how to work with other control functions, one of which is internal controls. Lisa is speaking about this topic at the SCCE CEI with Matt Kelly from Radical Compliance. In advance of the conference, Lisa Fine and Ellen Hunt co-hosted a roundtable discussion with Matt Kelly from Radical Compliance and Sarah Lawrence, Sr. Director of Internal Controls at Pearson.

In this episode, they discuss the history and purpose of internal controls and SOX, how they evolved and how they work today.  In particular, they focus on what is financial materiality vs what E&C sees as areas for controls.

The whole group agreed that open lines of communication and coordination are fundamental to both of these control functions working together, and Sarah and Lisa discuss how they have built a collaborative relationship so that both the finance and compliance sides understand each other’s objectives and keep an open line to the benefit of both functions.

#GWIC is proud to announce that it has been nominated for the WomenInPodcastAwards.  This is a people’s choice award and whether you vote for #GWIC or other nominees, we ask that you send the elevator back down by voting. Voting opens August 1, 2024, and details can be found on the #GWIC LinkedIn page at http://www.linkedin.com/groups/12156164

Resources:

Join the Great Women in Compliance community on LinkedIn here.

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Daily Compliance News

Daily Compliance News: September 11, 2024 – The Never Forget 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 Taxman comes for Apple and Google in the EU. (NYT)
  • John Deere settles FCPA allegations. (WSJ)
  • Ex-Glencore employees plead not guilty. (FT)
  • Microsoft is tackling bias in AI. (BBC)

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.Check out the full 3-book series, The Compliance Kids on Amazon.com.

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The Hill Country Podcast

The Hill Country Podcast: Educational Innovations at Ingram ISD: A Conversation with Dr. Robert Templeton

Welcome to award-winning The Hill Country Podcast. The Texas Hill Country is one of the most beautiful places on earth. In this podcast, Hill Country resident Tom Fox visits with the people and organizations that make this the most unique area of Texas.

This week Tom welcomes back Dr. Robert (Bobby) Templeton, Superintendent of Ingram ISD

Dr. Templeton shares the district’s challenges and achievements, including a historic flood that caused significant damage and the impressive resilience of the students. He discusses the district’s innovative early college program, which allows students to graduate with an associate’s degree, saving families significant money. The episode also highlights a new building trades program to prepare students for careers in construction. Additionally, Dr. Templeton emphasizes the importance of community involvement, school safety, and healthy competition in education. He reflects on his Rotary Club experience and its role in fostering local and global service projects. The conversation concludes with Dr. Templeton’s commitment to ensuring student safety and success.

Key Highlights:

  • Challenges and New Initiatives at Ingram ISD
  • Early College Program Success
  • Building Trades Program
  • Community Involvement and Rotary Experience
  • Focus on School Safety

Resources:

Ingram ISD

Other Hill Country Focused Podcasts

Hill Country Authors Podcast

Hill Country Artists Podcast

Texas Hill Country Podcast Network

Categories
Blog

Looking Back on 9/11: John Lee Dumas – I Knew I Was Going to War

Ed. Note: In 2021, I did remembrance of 9/11 with a podcast series and accompanying blog post series featuring the personal stories of persons in the compliance field with their thoughts about what the date of 9/11 meant to them, how it changed our profession and their thoughts looking back some 20 years later. The series featured the following:

I concluded this series by visiting with John Lee Dumas, host of the uber-popular podcast Entrepreneur on Fire. On 9/11, Dumas was a senior at Providence College. John had one of the most powerful stories I have ever heard about 9/11.

==============================================================Dumas was also an Officer Candidate in ROTC on 9/11. He said, “I remember waking up in the morning, and one of my roommates said, “Hey, turn the TV on.” We turned on the TV, and we just saw the tower smoking. Shortly after that, the collapse will be live on the television screen. One of my roommates who was also in ROTC, we looked at each other, and we both knew without saying anything that our next four years of active-duty army experience went from being in the peacetime army to looking like we were going to war of some kind. We knew that when that tower collapsed, we would play a very active role as officers in the US Army. Within a couple of hours, we had a real-world briefing at our ROTC headquarters on campus, where the commander of our ROTC battalion gave us a real-world breakdown. It confirmed what we were thinking when we saw that the tower collapsed. We just became officers in the US Army during a time of war.”

We turned to leadership lessons Dumas learned from his time in the Army. He commanded a tank platoon, which was four M1 Abrams tanks and 16 men. Yet, as the tank commander, Dumas was one of the least knowledgeable persons in his platoon about how a tank worked, the best operations, how to drive a tank, how to load the Sable rounds, how to fire the weapon, and even how to navigate. He said, “I was the platoon leader at 22 years old and one of the least experienced and knowledgeable people in my platoon. That’s how the military works. And I learned right at the beginning that I needed to stand upon the shoulders of giants. I needed to go to my platoon sergeant, who seemed like an old man at 37 years old at the time. But it was me, like a little baby.”

Dumas went to Sergeant Walker with humility and humbleness and asked him, “What do I need to know? How can you be respectful in front of the men? How can you respectfully be my mentor?” He appreciated that “I was not trying to pretend I knew what I didn’t know and going to him for advice. That was a big lesson. And I’m standing upon the shoulders of giants and learning from those who have been there, done that with experience.”

Another key leadership lesson for Dumas was that “a good decision now is better than a great decision later.” He said he has seen many people in the entrepreneurship and business world paralyzed, trying to make a great decision. “They are trying to be like General Patton, trying to make the one decision to win the war.” The problem is that if you “try to wait around and wait while the bullets are flying to make a great decision, you and probably other people are going to die because time is everything. Action is everything. Just coming up with a good decision and implementing it right now will be the fraction that separates life and death for many people; I learned that firsthand, and that will always stay with me. I took that lesson from the military and applied it to entrepreneurship. I’m not going to sit around and try to make a great decision on this aspect of my podcast, on that aspect of my business, on this aspect of this; I’m just going to make a good decision and take action. And if I need to adjust later, I will.”

We talked about losing men in combat. Dumas said he learned, at ages 22 and 23, the finality of death. He said, “Somebody you had breakfast with that morning, they were talking about their hopes, dreams, aspirations, what they were going to do when they got back that evening, what they’re going to do when they get back home from combat. And then, all of a sudden, it’s over. None of that is going to happen. None of their hopes, none of their dreams will ever be realized. There’s just such a finality to it. It made me pledge to myself never to forget number one, of course, the sacrifice that these soldiers make, but never forget just the finality of death and how we can all have the best of intentions.”

He learned that if you “don’t take action on them, death can wipe those best intentions away, and you can be left essentially having never done or accomplished anything that you set out to do in this life so quickly. This put a ticking time bomb mentality in my mind, and if I don’t feel like this is the right path for me, I won’t waste any more time fussing around having the sunk cost fallacy.” This led him to his current profession, which he loves.

I concluded by asking Dumas about his reflections on 9/11 and on going to war in Iraq some 20 years later. He said, “My reflections on 9/11 were just travesty, terror, confusion, panic, nobody knowing what was coming next. The major message that I do want to pass across to people today was evident to me living in Iraq for 13 months and living in a world where there was no police. There was no law. There was no cohesion. There were no repercussions. This is a great country and the home of the free because of the brave. And I hope that’s just something that we will always remember.

I hope you will take a moment on this most solemn day to reflect on 23 years after 9/11.

Categories
Compliance Tip of the Day

Compliance Tip of the Day: Compliance Training Frequency

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 this episode, we consider how often you should put out compliance training.

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

Check out the full 3-book series, The Compliance Kids on Amazon.com.