Categories
Compliance Into the Weeds

ComEd Compliance Report


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. This week, Matt and Tom take a deep dive into the recently released Commonewealth Edison report on the current state of its compliance program. Highlights include:

  • Why is ComEd publicly filing a compliance report?
  • How did Compliance Domains replace specific risks?
  • The use of Design Thinking concepts in the Risk Assessment process.
  • A direct line from Risk Assessments -> continuous monitoring-> continuous improvement-> reporting.

Resources
Matt in Radical Compliance

Categories
Daily Compliance News

May 18, 2022 the SCt Makes Corruption Easier Edition


In today’s edition of Daily Compliance News:

  • Supreme Court makes corruption easier. (WaPo)
  • Musk wants clarity before moving forward. (NYT)
  • Zuma trial delayed again. (YaHooNews)
  • Guatemalan AG involved in corruption. (BBC)
Categories
The Compliance Life

Mark Beyer – Learning Creativity in Compliance at LivaNova


The Compliance Life details the journey to and in the role of a Chief Compliance Officer. How does one come to sit in the CCO chair? What are some of the skills a CCO needs to success navigate the compliance waters in any company? What are some of the top challenges CCOs have faced and how did they meet them? These questions and many others will be explored in this new podcast series. Over four episodes each month on The Compliance Life, I visit with one current or former CCO to explore their journey to the CCO chair. This month, my guest is Mark Beyer, the Ethics and Compliance Officer at Pedernales Electric Cooperative.
Beyer’s next move took him to LivaNova, a medical device manufacturer, a publicly traded UK company. At LivaNova, Beyer became the head of Ethics and Compliance for North America where he oversaw all aspects of compliance for North America. He also made several additions to his Compliance Toolkit while at LivaNova.
Tool No. 7 was Beyer broadening out his approach to compliance and ethics at a company to a much more holistic approach.
Tool No. 8 was the exposure that Beyer had with the LivaNova C-Suite. Through these interactions he learned to work senior management in a reporting role but also to help educate the C-Suite on their role in a compliance program.
Tool No. 9 was working with corporate legal. In these interactions, Beyer learned the importance of a separate legal and compliance function.
Tool No. 10 was creativity. Here Beyer was mentored by another compliance legendary CCO, High Bigwood. Bigwood was one of the first CCOs to focus on the behavioral sciences for compliance and in compliance programs. He also expanded his views on the marketing of compliance internally.
Resources
Mark Beyer LinkedIn Profile
Pedernales Electric Cooperative

Categories
The ESG Compliance Podcast

Supporting the S in ESG through Tech Solutions with Tori Reichman


Vault Platform CCO Tori Reichman joins the show to discuss how employers should embrace their employees’ expectations, use tech solutions to report misconduct, value ethics and mission alignment more than ever before, and what companies should do to retain top talent.
▶️ Supporting the S in ESG through Tech Solutions with Tori Reichman:
Key points discussed in the episode:
✔️ Tori Reichman explains her interpretation of the S in ESG.
✔️ The role of ethics and ESG implementation in a company’s culture. Employees are encouraged to report misconduct so cases can undergo evaluation and investigation.
✔️ Tech solutions help businesses have a more precise grasp on their ethical health. Having data all in one place takes away all the extra work.
✔️ Companies are now held to a higher standard due to employees being more vocal when their practices are considered unethical or go against their morals.
✔️ While millennials and Gen Z-ers are more comfortable leaving jobs for greener pastures, baby boomers and Gen X-ers prefer to stay longer. However, both choose employment in companies that align with their values and beliefs.
✔️ The Great Resignation resulted from employees realizing they disagreed with their workplace’s culture and mission. As time passed, workers shifted to a more realistic approach in selecting their employment.
✔️ When companies are true to their vision and mission, this encourages employees to stay longer. The interest to evolve and implement ESG platforms has reached organizational levels that have never been seen before.
✔️ How a business interacts internally attracts new talent. Modern employees consider things beyond the 8 hours when working for you.
Tori Reichman is a Founding Team Member and Chief Customer Officer in Vault Platform, where the vision is a world in which workplaces are inclusive, safe, and diverse. Vault’s mission is to provide companies with the world-class ethics and compliance tools they need, delighting them with innovative, simple, intuitive, and empathetic technology and surprising them with unrivaled customer support to help them achieve their goals.
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Do you have a podcast (or do you want to)? Join the only network dedicated to compliance, risk management, and business ethics, the Compliance Podcast Network. For more information, contact Tom Fox at tfox@tfoxlaw.com.

Categories
Everything Compliance - Shout Outs and Rants

Everything Compliance – Shout Outs and Rants from Episode 100

Welcome to the Shout Outs and Rants from Episode 100.

1. Jay Rosen shouts out Christopher Flores and Robert Moran, the first time pilot who had to take over the landing of a plane when the pilot fell ill and Robert Morgan, the air traffic controller who talked him down to a safe landing.

2. Matt Kelly rants about Moderna and its hiring of the new CFO for one day and wonders if releasing news of the prior company’s accounting fraud investigation could have been disclosed.

3. Jonathan Marks also rants about Moderna which fired its CFO after one day on the job, asking did Moderna  perform any due diligence.

4. Tom Fox rants about Justice Alito who wants to take American culture, legal rights and jurisprudence back to the 18th century English law.

5. Jonathan Armstrong shouts out to Ivy Williams and Helena Normanton, the first two women barristers in the United Kingdom.

The members of the Everything Compliance are:
•       Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
•       Karen Woody – 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, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com
•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com

The host and producer, ranter (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 Compliance Podcast Network.

Categories
Innovation in Compliance

You Can’t Outsource Risk with Sandeep Bhide


 
Sandeep Bhide is the Vice President of Product Management at ProcessUnity, a company that is making good governance, risk, and compliance (GRC) practices and tools available to organizations via third-party risk and cybersecurity program management tools. Tom Fox welcomes him to this week’s show to talk about their Third-Party Risk: A Turbulent Outlook Survey report and how ProcessUnity helps their clients.
 

 
The Purpose of ProcessUnity
Tom asks Sandeep to explain the basis of ProcessUnity and the key products and services they are offering. Sandeep says that the company offers cloud-based solutions that provide help for organizations of all sizes, that allows them to automate their risk and compliance programs. He adds that it is an easily customizable program that reduces manual administrative tasks and allows customers to focus on “the more strategic risk mitigation activities”. ProcessUnity has the ability to review the company’s GRC program and deliver great results quickly. 
 
Third-Party Risk: A Turbulent Outlook Survey Report 
Tom wants to know what was the intent behind this report and how it came to fruition. Sandeep states that the objective of the study was to determine how well organizations understood and managed risk associated with their third-party partners. 301 IT and cybersecurity decision-makers and influencers participated in the survey, and they were asked about their concerns and challenges when managing certain risks, and how it has impacted the security incidents related to their third-party partners. Sandeep shares the overall findings of the survey found that: 

  • Third-party relationships continue to expand exponentially; 
  • Companies continue to seek outsourced services and software in order to perform optimally and to replace talent and supply sources due to the pandemic;
  • The majority of respondents have experienced an IT security incident over the last two years because of a third-party relationship. 

 
The Gathering Storm
Tom asks Sandeep to explain the concept of “the gathering storm” and the technological solution ProcessUnity provides to help navigate it. Sandeep explains that the term refers to a supply chain attack executed by “close third-party relationships that have either physical or network access to equipment and premises and those that provide software vital to a business’ operation.” Sandeep then warns that companies should vet these third parties since their role is so important. Most companies would rather focus on their core businesses, however; they feel it doesn’t make economic sense for them to do everything themselves and third parties provide the types of talent they need to properly conduct their business. Sandeep comments that “companies can outsource the work which is an imperative for them, but they can’t outsource the risk”. To manage your third parties, you must have multiple in-house and out-house methods to vet them, including questionnaires or assessments. You have to get to know your partners because they have the most risk attached to them.
 
Resources 
Sandeep Bhide | LinkedIn | ProcessUnity
 

Categories
Daily Compliance News

May 17, 2022 the When Customers Complain Edition


In today’s edition of Daily Compliance News:

  • When customers complain. (WSJ)
  • 1st case against crypto for sanctions evasions. (WaPo)
  • Former Trump official brags about corruption on the campaign trail. (NY Magazine)
  • 6 banks settle Singapore rate violations action. (Reuters)
Categories
Career Can D0

Building Up Students with Jill Peplinski


 
In this episode of Career Can Do, Mary Ann Faremouth chats with Jill Peplinski, who is Adjunct Professor of Business Communications, and Success Center Specialist at Walsh College. Walsh College is a private and prestigious institution recognized for one of the top 15 MBA programs. Jill talks about Walsh’s unique educational approach to the professional development of their students.
 

 
At Walsh, it’s all about networking. Many of their adjunct professors work in the fields they teach, so students are easily able to make connections through them. Walsh’s phenomenal career services department hosts internships and career fairs for their students, as well as a mentor program that matches any interested student with a mentor that helps them develop professionally. Allowing their students to work with polished professionals helps them build the confidence they need to help them in various ways along their career journey. 
 
When she first started at Walsh, Jill had intended to only stay for about five years and then move on. Twenty years later, she’s still there helping students grow day by day. “I like teaching best,” she shares, “building up our students is tremendously rewarding… I love being able to bring prior experiences that I’ve had to [my] students.”
 
Resources
Jill Peplinski | LinkedIn
 
Faremouth.com
 

Categories
All Things Investigations

All Things Investigations: Episode 4 – Congressional Investigations with Kevin Carroll


 
Welcome to the Hughes Hubbard Anti-Corruption and Internal Investigations Practice Group’s Podcast, All Things Investigations. In this podcast, host Tom Fox and members of the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group will highlight some of the key legal issues involved in white-collar and other investigations, both domestically and internationally. In this episode, I speak with Kevin Carroll, a partner at Hughes Hubbard, about congressional committees and investigations.
 

 
Kevin Carroll is a partner in the firm’s Washington and New York offices in its white-collar and investigations practices. Kevin represents businesses, senior executives, and government officials in congressional and criminal investigations; conducts internal investigations; and litigates national security claims. Kevin also helps counsel businesses on CFIUS/FIRRMA, cyber security and data privacy, EAR/ITAR, FARA, FCPA, FISA, FMS, and OFAC compliance. Kevin is a Colonel in the United States Army Reserve and a writer whose work has been published in the Wall Street Journal, Washington Post, and Bloomberg Law.
Key areas we discuss on this podcast are:

  • The role of an attorney in a congressional committee around the investigation.
  • Lawyers in a US attorney’s office are, to a degree, dependent on the cases that the FBI or district police bring them.
  • How Kevin advises clients through congressional investigations.
  • Congress is under no obligation to recognize attorney/client privilege. 
  • Preparing a witness for a congressional hearing.
  • Concerned citizens can raise issues that could lead to congressional investigations. 

Resources
Hughes Hubbard & Reed website 
Kevin Carroll
 

Categories
The ESG Report

The Future of ESG with Trysha Daskam


 
Trysha Daskam has made appearances on many of Tom Fox’s podcasts over the years; she comes to this week’s show to share her ESG expertise. Trysha holds the positions of Managing Director and Head of ESG Strategy at Silver Regulatory Associates, a boutique consulting firm offering ESG services, compliance and regulatory services, and due diligence services. Today, she joins him to discuss the expectations for ESG significance and regulatory concerns moving into 2022. 
 

 
The Work of Silver Regulatory Associates 
“We take a really unique approach to ESG,” Trysha tells Tom. At Silver, they’re thoughtful about building ESG programs from the regulator’s perspective. By evaluating an investment manager through the lens of their investment strategy, Silver understands how ESG can be incorporated in a natural way, allowing the programs to really thrive. 
 
How Important is ESG Training? 
There should definitely be a focus on competency across regulatory firms, especially with the increase of investment managers being on board with ESG responsibilities. Trysha has seen an uptick in clients requesting ESG training in order to understand the responsibilities of the different members of the firm, including investment professionals and compliance professionals. “It’s correct to think about your ESG program with the same cautiousness and prudence you would use for any other policy or procedure,” she states. 
 
The Growth of ESG 
The momentum of ESG in 2021 has influenced more and more organizations to voluntarily align their company values with those of ESG, and, as a result, financial services are starting to feel the pressure. 
 
What to Expect, Moving Forward
Earlier in the year, Silver issued a report discussing the areas that private investment fund managers should focus on, going into 2022. For Trysha, the key takeaways were: 

  1. Managers should prepare for enhanced ESG disclosure; most notably, the introduction of a climate disclosure regulation is to be expected in the near term. 
  2. It is likely that managers will be continually pressed to evidence the ESG-related claims they make in their policies and writings. 
  3. Firms will be required to articulate their approach to climate risk and adaptation; “Long gone are the days where managers run an investment strategy that doesn’t see climate as the most material risk to their process,” Trysha remarks.

 
Regulation and ESG Reporting in 2022 
Trysha cites greenwashing as the core of every regulatory movement being seen today. Though the EU is the most vocal about this, the SEC has also stated that they view greenwashing as a major risk in the current marketplace. Where there is an opportunity to use language describing an approach to ESG, there needs to be auditing of whether or not it is authentic to what a manager is actually accomplishing. 
 
DEI (Diversity, Equity and Inclusion) is another important issue. Managers are responding to DEI questions from their investor base on a more routine basis, and DEI-related questions have matured over time. Trysha believes that this will continue going into 2022, and there could be regulatory obligations around transparent reporting out of the SEC in the future. 
 
She and Tom also discuss the frustration surrounding the lack of international standards for framework, and whether or not it will be addressed in 2022. Trysha thinks that some light is beginning to be shed on the evaluation, and ultimately, the development of these standards.
 
RESOURCES 
Tom Fox’s email
Trysha Daskam | LinkedIn | Silver Regulatory Associates