In today’s edition of Daily Compliance News:
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After the Russian invasion of Ukraine, the world of business will never be the same again. Deputy Attorney General (DAG) Lisa Monaco recently said that the world’s “geopolitical landscape is more challenging and complex than ever. The most prominent example is of course Russia’s invasion of Ukraine.” It is “nothing less than a fundamental challenge to international norms, sovereignty and the rule of law that underpins our society.” This is even more so in the current business climate.
Over this five-part series, I have considered how business will never again be the same and how a confluence of events has changed business forever. I have been joined in this exploration by Brandon Daniels, Chief Executive Officer (CEO) of Exiger. We have explored the irrevocable changes in Supply Chain, trade and economic sanctions, anti-corruption, cyber-security and environmental, social and governance (ESG). In our concluding Part 5, we consider why ESG will never be the same after the Russian invasion of Ukraine.
The pandemic led to an explosion of ESG awareness and forward movement. This was driven much more by the business world, from institutional investors, to shareholders, employees, and other stakeholders to financial institutions and even insurers, rather than through regulatory change. They are all now evaluating business prospects, targets and partners through an ESG lens. Many businesses have responded by upping their ESG game through sustainability officers, more robust ESG programs and similar efforts. However, these efforts were in many ways siloed within the three broad categories of ‘E’; ‘S’; and ‘G’. What the Russian invasion of Ukraine drove home was the need for a more holistic approach to corporate ESG.
ESG is now a key national security interest of democracy. The transparency mandated by ESG programs, through government required disclosure or private sector required disclosure also ties into the other areas of business change we have explored over this series. Obviously, the disruption in the supply chain of key minerals coming out of Russia, such as aluminum or fossil fuel, is an important issue but companies which tried to continue to use those resources faced a much greater risk and economic sanctions; that being reputational risk. Daniels remarks, “in terms of social issues, companies were forced to comply with sanctions, but then there were boycotts against companies that maintained relationships with the Russian autocracy. There were boycotts against companies that had ties to Russian oligarchs.”
It is this impact on reputational damage which has changed ESG going forward. Regulators can certainly levy and assess fines based upon violations of laws and regulations. For many businesses, however, this is simply seen as a cost of doing business, a below the line cost such as a corporate legal department of compliance function. However, hits to reputational damage are above the line costs meaning they eat directly into sales, revenue, and success. Moreover, your market cap and the valuation of your business are both based on revenue so any hit to your top line could significantly impact your organization in a very negative manner. If your organization is seen as supporting autocratic regimes who nakedly wage wars against women and children or your company purchases goods which were made by Uyghur slave labor; a very large swath of the consuming public will not want to purchase your products or even do business with you. The risk is simply too high.
This has led Daniels to reflect that consumers want to purchase and transact with purpose driven businesses. He said, “What is more purpose driven than supporting democracy and supporting the arrest, the fight against a brutal regime that is quite literally killing innocent women and children. This is not a question of risk management or risk appetite. This is a question of deciding whether or not you as a brand can stand for the ideals of freedom and the ideals that we have for an inclusive and fair and open and democratic world. When we talk about purpose driven, we have to remember that what people are demanding, is a company that aligns with their values, aligns with their ethics.”
All of these factors will change ESG forever and how companies’ approach ESG. Your organization must not only more fully integrate ESG into the overall business strategy, but your organization must integrate the ‘E’, the ‘S’ and the ‘G’ through a cohesive approach to all three all the way up to the Board level. Daniels noted that many companies were caught “flat-footed” by the Russian invasion of Ukraine. Looking across the three pillars of ESG, the Russian invasion of Ukraine forced companies to take ESG more seriously. Daniels said, “it codified and solidified in people’s minds, the need to manage ESG as a part of reputational brand value. You have to look at ESG proactively because trying to react to these situations causes so much turmoil.”
After the Russian invasion of Ukraine, the business world will never be the same again. Deputy Attorney General Lisa Monaco recently said that the world’s “geopolitical landscape is more challenging and complex than ever. The most prominent example is, of course, Russia’s invasion of Ukraine.” It is “nothing less than a fundamental challenge to international norms, sovereignty and the rule of law that underpins our society.” This is even more so in the current business climate. Over this five-part podcast series, I will consider how the business will never again be the same and how a confluence of events has changed business forever. I am joined in this exploration by Brandon Daniels, CEO of Exiger. We will explore the irrevocable changes in Supply Chain, trade and economic sanctions, anti-corruption, cyber-security and ESG. In Part 4, we look at the changes wrought in cyber-security. Highlights include:
· Russian invasion made the nature of cyber-security risk explicit.
· Now continuous non-kinetic warfare.
· Cyber-security is interconnected to commerce.
· Quadrant analysis for risk assessment.
· Jurisdiction risk introduces the where equation.
Jonathan Armstrong and Tom Fox return for another episode of Life with GDPR. In this episode, we review the recently released Financial Reporting Council (FRC), the UK Anti-Slavery Commissioner, and Lancaster University (Management School) report on a sample of a hundred major companies’ modern slavery statements and their strategic and governance reports. Some of the highlights include:
1. Why the Report?
2. Some successes but much criticism.
3. Public responses when slavery issues are uncovered.
4. Why contracts are a part of the solution.
5. Key takeaways from the Report.
Resources
For more information on the FRC Report, check out the Cordery Compliance client alert on this topic; click here. For more information on Cordery Compliance, go to their website here. Also, check out the GDPR Navigator, one of the top resources for GDPR Compliance, by clicking here.
Have you ever felt like an underdog or have empathy for the underdog?
I do, and so does Jason Cutter, my guest on this #jammingwithjason #podcast episode.
And not only does Jason have empathy and cheer for the underdog, since he is one himself, but he also has an amazing story from being raised hating people, to be a marine biologist, to tech support, to mortgage and foreclosure business, and to now helping people with authentic persuasion.
Hear his journey to find his passion, going from underdog to expert, and there is no one right way; people sense when you are not authentic, being open, curious, creative, persistent, and authentic. I had a blast recording with Jason; you will have a blast listening.
The fact that you are reading this means there is something you need to hear in this episode.
Let’s face it, whether in sales or not, you are selling yourself every day, and you don’t have to do it like a sleazy car salesman. You can be authentic in a way that is uniquely you.
Learn more about Jason at: https://www.jasoncutter.com/ and check out his podcast “Authentic Persuasion Show” at: https://www.cutterconsultinggroup.com/podcast/ and grab one of his books like “Selling with Authentic Persuasion” through his website or Amazon.
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After the Russian invasion of Ukraine, the business world will never be the same again. Deputy Attorney General Lisa Monaco recently said that the world’s “geopolitical landscape is more challenging and complex than ever. The most prominent example is, of course, Russia’s invasion of Ukraine.” It is “nothing less than a fundamental challenge to international norms, sovereignty and the rule of law that underpins our society.” This is even more so in the current business climate. Over this five-part podcast series, I will consider how the business will never again be the same and how a confluence of events has changed business forever. I am joined in this exploration by Brandon Daniels, CEO of Exiger. We will explore the irrevocable changes in Supply Chain, trade and economic sanctions, anti-corruption, cyber-security and ESG. In Part 3, we look at the changes wrought in anti-bribery and anti-corruption. Highlights include:
· The Biden Administration Strategy on Combatting Corruption.
· Bribery and corruption are never stand-alone offenses.
· Corruption as a national defense issue.
· Corruption is used by dictators and strongmen to spread disinformation and destroy democracy.
· Modern slavery as a corruption issue.

“These were professional thugs that had been hired by the KGB, known as the FSB in Russia today, but they’re still the KGB.” Even though he’d fled the country, Bruce Misamore couldn’t seem to escape Russia’s reach. Putin’s Oil Heist is an insider’s account of the Yukos Affair. In this episode, host Loren Steffy describes Misamore’s swift exit from Russia and its consequences, with first-person accounts from the former Yukos chief financial officer.
Hear Misamore discuss:
- Leaving Russia. Saddled with crippling and, according to Misamore, illegal tax liabilities, Yukos was drifting towards insolvency. During his stay in London for an industry conference in November 2004, Misamore got a call warning him not to go back to Moscow or he would be arrested and face prosecution. He heeded the warning, but his wife was still in Russia. And she seemed to be under surveillance.
- Bankrupting Yukos. Convinced that the Russian government was orchestrating a scheme to either take over Yukos or seize all of the company’s oil and gas assets, Misamore began talking to lawyers about what legal recourse Yukos executives might have to stop the looting of the company. Attorney Mark Baker came up with the idea of intentionally bankrupting the company and getting it into a legitimate jurisdiction in the United States. U.S. bankruptcy laws essentially freeze time for companies while they figure out their next move. But there was a problem: a Russian company with no U.S. assets had no grounds for filing a proceeding in the United States.
- Stopping the auction. While Misamore was in London, the Russian government announced an auction of Yukos’ principal production subsidiary, Yuganskneftegaz, to settle some of the tax claims against Yukos. Misamore hadn’t planned or prepared to flee Russia, so he hadn’t taken any documents with him. However, he realized he had all he needed to move forward with a U.S. bankruptcy case: his company laptop. As an officer of Yukos living in Houston in possession of a company asset, he had grounds for a filing. A federal bankruptcy judge agreed, ruling the filing was legitimate and that she had jurisdiction because of Misamore and his laptop. The filing created a court-issued injunction to stop the sale of Yuganskneftegaz.
- The plan’s contact with the enemy. Russia went ahead with the auction, but couldn’t get financing from international banks. The move caught the Kremlin off guard but it wasted no time in responding, assembling a legion of attorneys in the U.S. Ultimately, Misamore’s bankruptcy tactic failed because Russia refused to cooperate. Misamore attempted to run Yukos from London, where they had established the company’s new headquarters. Three months after Khodorkovsky’s conviction in 2006, Misamore and his wife came home after dinner in Houston to find their house had been burglarized. Among the things stolen were Misamore’s company laptop, and $30,000 worth of jewelry.
Resources
Loren Steffy on LinkedIn
Welcome to the 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 the people and organizations that make this the most unique area of Texas. Join Tom as he explores the people, places and activities of the Texas Hill Country. In this episode, I visit non-Hill Country resident Phil Klosowsky who attended the recently concluded Kerrville Folk Festival, which had its 50th anniversary this year. Phil and Tom share about the previous show they have attended, some of the artists they have seen and this year’s lineup. They reflect on this most unique Festival, which features singer-songwriters as well as some great new talent.
Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
Trigger warning: This episode contains a baby loss story and theme. The Great Women in Compliance Podcast often covers instances of “doing the right thing”. We’ve previously done it regarding respect and dignity in the hiring process and today’s episode focuses on empathy and compassion by employers when employees suffer a tragedy. Jill Atstupenas shares her and her husband’s story of losing their dearly desired baby girl, Hadley Maeve and provides some thoughtful considerations for how managers and company staff more broadly can respond in a way that shows support for the colleague and lets them know they are a valued member of staff. Her ideas are practical, tangible and actionable items that will guide managers who truly care about their staff. The title of today’s episode is our tribute to Hadley Maeve.
Jill also discusses how peers and other colleagues can help a colleague going through a difficult time to navigate it so that even if you’re not a manager, you can walk the walk of being a beacon of integrity in an organization.
We end the episode with Jill discussing some of the differences for Compliance Officers transitioning from a well-established large company, to a smaller one with less of a history.
The Great Women in Compliance Podcast is on the Compliance Podcast Network with a selection of other Compliance related offerings to listen in to. If you are enjoying this episode, please rate it on your preferred podcast player to help other likeminded Ethics and Compliance professionals find it. You can also find the GWIC podcast on Corporate Compliance Insights where Lisa and Mary have a landing page with additional information about them and the story of the podcast. Corporate Compliance Insights is a much appreciated sponsor and supporter of GWIC, including affiliate organization CCI Press publishing the related book; “Sending the Elevator Back Down, What We’ve Learned from Great Women in Compliance” (CCI Press, 2020).
You can subscribe to the Great Women in Compliance podcast on any podcast player by searching for it and we welcome new subscribers to our podcast.
Join the Great Women in Compliance community on LinkedIn here.