Categories
Compliance Into the Weeds

Disclosures of Cyber Security Disclosure Failures


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 a lesson learned long ago by the Nixon Administration, adapted for 21st century cybersecurity. It’s not just the breach, it is not disclosing the breach to authorities and investors for which companies get in hot water. Some of the issues we consider are:

  • What are your reporting obligations after a breach?
  • Why is the SEC interested in how you inform investors?
  • Why does the legal department want to hide any breaches?
  • What are the costs for failure to disclose?
  • What does this mean for compliance going forward?

Resources
Matt in Radical Compliance
Example of Cybersecurity Disclosure Failures

Categories
Daily Compliance News

June 23, 2021 the No Marriage? edition

In today’s edition of Daily Compliance News:

  • Engine No. 1 Board nominees overwhelmingly won. (HoustonChronicle)
  • Will FTC block marriage of James Bond and Amazon? (WSJ)
  • Airlines face backlash. (NYT)
  • Home of Wirecard ex-chair raided. (FT)
Categories
The Compliance Handbook

Evolution in Data Analytics with Vincent Walden


Ten years ago, Compliance was all about policies and procedures that are mere guidelines that hugely unaddressed how to measure compliance effectiveness, identify the metrics, and look at the accounting data. Internationally recognized anti-fraud and compliance thought leader Vincent Walden shares his insights on how far we’ve come since then. He talks about the practical strategies, tools, and techniques used in fraud detection and prevention applied to compliance and how data and data analytics have evolved, and his overall inspiring perspective in this conversation.
Major takeaways discussed in the episode:
✔️ Why Vincent’s involvement in fraud prevention in the early years of his career taught him strategies about the use of data and data analytics in compliance. “When a company was investigated for FCPA, what was the first thing that they asked for? They wanted emails and payment transactions. And why weren’t we looking at those proactively? And that’s really what drove my interest in building proactive compliance programs because I saw so many FCPA investigations that finding those improper payments was what they were making and breaking the cases. And that’s what drove a lot of my passion for building out these compliance program models.”
✔️ As an early advocate of using data in compliance solutions, Vincent saw how vital the melding is of internal audit and compliance. “Internal audit understood the books and records and compliance understood the legal risks. The magic was when the two worked together. That’s how it started. We’ve seen compliance become more mature, particularly over the last two to three years.”
✔️ Beginning in 2017, the DOJ started talking about the use of data in compliance. This changed the reception in the marketplace, empowering CCOs to have sufficient access to operational transactional data sources that were spot-on and accelerated proactive discussions. Compliance professionals will become more data-driven as time goes on.
✔️ Data sharing consortium in the future. According to Vincent, the idea of companies sharing their risk algorithms without having to share their data to build better, data-driven compliance programs and sharing best practices is something fascinating and worthy looking forward to.
✔️ The creation of A&M’s Digital Twin service is Vincent’s dream compliance monitoring platform. “This allows us to pull in client-relevant payments data and risk scores in a cost-effective way. That means what used to take me 300+ hours of staff time to pull payment data out of a system, and all the mathematical gymnastics put in a database and build out reports now takes me less than 30 hours. That’s a 10x reduction in time and a 10x reduction in fees.”
Vincent Walden is a Managing Director with Alvarez & Marsal’s Disputes and Investigations in New York. He specializes in forensic data analytics, continuous controls monitoring, information governance, and legal discovery services. His primary focus area is in providing leading technology perspectives on proactive compliance programs and reactive investigations.
LinkedIn: @vincewalden
Email: vwalden@alvarezandmarsal.com
____________________________________________________________________
About Thomas Fox:
Thomas Fox, the Compliance Evangelist®, is one of the leading writers, thinkers, and commentators on anti-bribery and anti-corruption compliance. In this latest edition of The Compliance Handbook, he continues to arm seasoned compliance professionals and those new to the realm with the practical, actionable guidance and tools needed to design, create, implement and continually enhance a best practices compliance program.
 
Order your copy OR copies of The Compliance Handbook: A Guide to Operationalizing Your Compliance Program. Save 25% off.
http://www.lexisnexis.com/fox25

Categories
The Compliance Life

Gabe Hidalgo – Beyond the CCO Chair


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 Gabe Hidalgo, Managing Director at K2 Integrity and former CCO.
In is role at K2 Integrity, Hidalgo sees problems and issues for clients through a variety of lenses. His time as a CCO gives him insight and empathy into the challenges of a CCO. His time at the Federal Reserve Bank of New York gives him insight into the regulatory mindset for financial institutions. He continues to emphasize that the buck stops with the CCO. AML compliance will only grow and continue to become more important, not simply for financial institutions but for commercial corporations going forward.
Resources
Gabe Hidalgo LinkedIn Profile
Gabe Hidalgo K2 Integrity Profile
K2 Integrity

Categories
Compliance Kitchen

China Anti-Foreign Sanctions Law


In this episode, we gather information on the new China’s anti-foreign sanctions law that appears to rank higher on the legal ladder that the previous Chinese government’s Unreliable Entity List and Blocking Rules, adding to the already opaque Chinese global trade landscape.

Categories
Innovation in Compliance

Innovation Through Info Security with Abbas Kudrati


 
Abbas Kudrati is the Chief Cybersecurity Advisor for Microsoft Asia’s Enterprise Cybersecurity Group and is Tom Fox’s second guest on Microsoft Week. Abbas has spent the duration of his career providing thought leadership, strategic direction, and deep customer and partner engagement through Microsoft’s initiatives and operations. On this episode, he and Tom are talking about a range of topics surrounding info security and Abbas’ role at Microsoft.
 

 
The Evolution of Cybersecurity & Its Challenges
When security was first introduced, it was called IT Security, and its primary focus was securing everything within a network behind a firewall. Society has since moved from a firewall to the cloud. The focus on complaints within an organization has also shifted from local to multinational. 
 
End-to-End Security
End-to-end security’s focus is people, process, and technology. Abbas says that focusing on end-to-end security means turning your attention to 14 different domains of policy. It means ensuring that the right people are on your teams and managing the security surrounding that. It means managing data access, business communication security, product security, and supply relationship security.
 
 Risk Appetite & Risk Management
“You cannot implement security without having conducted a detailed risk assessment and understanding what is your current risk appetite,” Abbas tells Tom. When starting the risk management process, Abbas stresses the importance of having a threat model. “Define what are the various threats, and then embed those threats into your risk management,” he emphasizes. 
 
What’s Next
In the near future, the citizens of the emerging South Asian economy will be using the internet much more, and that there will be higher demand for cybersecurity professionals. The demand will be impossible to meet, so there will be more automation. Tom asks him to elaborate on what’s next for Microsoft’s cybersecurity group. Abbas explains that the group is continuously improving its product to be more inclusive, and also that security and privacy are being built into their products by design and not an afterthought.
 
Listen here to Microsoft Week episode 1, featuring Alan Gibson, Director of Legal and Compliance Innovation.
 
Tune in tomorrow for episode 3 featuring Joseph Davis.
 
Resources
Abbas Kudrati | LinkedIn | Twitter
Abbas Kudrati book, Threat Hunting in the Cloud
 
 

Categories
Daily Compliance News

June 22, 2021 the NCAA Takes it on the Chin edition


In today’s edition of Daily Compliance News:

  • KPMG faces record fine in UK over conflict of interest. (FT)
  • Lordstown Motors execs sold stock before bad news came out. (WSJ)
  • NCCA loses at Supreme Court. (NYT)
  • Do we need a world anti-corruption court? (FT)
Categories
Compliance Kitchen

EU’s Mandate on Supply Chain Due Diligence


In this episode, The Kitchen looks at the upcoming EU’s mandatory supply chain due diligence Directive that will likely apply to all business operating in the European Union market.

Categories
Innovation in Compliance

Legal Compliance for The Future with Alan Gibson


 
Alan Gibson is the current Director of Legal and Compliance Innovation at Microsoft and is Tom Fox’s first guest on Microsoft Week at the Innovation in Compliance podcast. Alan has worked in various fields – from legal to compliance to business. He’s a thought leader and currently involved in helping companies manage compliance risks and measure program effectiveness. He and Tom discuss his role at Microsoft and what companies need to be thinking about in the future with respect to legal compliance.
 

 
Data Analytics in Microsoft
Tom asks Alan to explain how Microsoft implements its data analytics program for compliance. Alan responds that the focus was on first identifying which sales agreements and channel partners posed the most corruption risk to Microsoft. “Our compliance team partnered closely with our finance internal audit and our business team to figure out how we could use the data that we were collecting in our sales contracts and from our third parties to create this early warning and monitoring system to identify which contracts needed to be routed for additional compliance oversight,” Alan tells Tom. The business unit and frontline salespeople were then able to use this data to prove to the business leaders at Microsoft that they were identifying risky sales contracts, and this program was built into the business process to manage risky sales.
 
Challenges in Legal Compliance Innovation
One of the big challenges surrounding legal compliance innovation is helping individuals understand its ecosystem, Alan remarks. Another challenge is that delivering compliance solutions requires stakeholders. “It goes to working with law firms, working with compliance consultants, alternative legal service providers, legal tech vendors, and really helping people understand how all of this ecosystem works together to address these challenges,” he tells Tom. There is also the cultural challenge in that legal services have lagged behind finance and HR and their digital transformations. 
 
What’s Next
Companies have to think about the direction they want their legal departments to go and what steps they have to take to get them there. “They need the greatest contract lifecycle management system,” Alan tells Tom. Companies have to consider whether the decisions they make will allow them to have the capabilities they want in the coming years. “…It’s people, process, and technology; you have to think about your solutions or where you want to go on your digital transformation across all three of those dimensions,” Alan says.
 
Tomorrow’s guest on Microsoft Week is Abbas Kudrati, Chief Cybersecurity Advisor for Microsoft Asia’s Enterprise Cybersecurity Group. Abbas and Tom will be talking about innovating cybersecurity. 
 
Resources
Alan Gibson | LinkedIn
 

Categories
ComTech

Towards a Cyber-Secure Future with Jenna Waters


 
Jenna Water’s time in the US Navy equipped her with sophisticated skills she now finds invaluable in her work as Cybersecurity Consultant at True Digital Security. She joins Tom Fox and Valerie Charles on this episode of ComTech to talk about how the cybersecurity industry is evolving, her vision to end security breaches, and what she thinks about President Biden’s executive order on cybersecurity.
 

 
Putting Corporate America on Notice
“I think businesses – particularly those that work in industries regarded as critical infrastructure, obviously because of the Colonial Pipeline hack – …a lot of them know now that they’re on notice,” Jenna tells Tom and Valerie. Recent cybersecurity attacks as well as the rise in ransomware, have driven home the need for good cybersecurity. These attacks not only impact businesses but are now tangibly affecting the lives of everyday citizens. Jenna believes this is sparking change in the industry, as the government, companies, and even the general public are taking cybersecurity more seriously. 
 
End Security Breaches
Tom comments that his clients are now asking about their information security program, something they weren’t concerned about before. He asks Jenna how she would advise a company to start thinking about this issue. She outlines the steps her company takes to help their clients create a customized cybersecurity program. “…By prioritizing your risk, that’s how you can develop a more tailored cybersecurity program,” she points out. She and Tom discuss her vision of ending security breaches overall. She remarks, “For me, ending security breaches is a vision of the future in which a security breach can be detected, identified, and contained effectively… It’s not allowing a security incident to go to the point of a security breach… and it doesn’t affect or impact the organization or public in any significant way other than maybe the time it takes to contain it.”
 
Improving Cybersecurity with Data
“When you’re trying to combat this kind of breach, how do you use data?” Valerie asks Jenna. “Cybersecurity is actually one of the best areas in technology where it can be very data-driven,” Jenna responds. Data can help you build a threat profile and come up with an action plan to combat threats. Analyzing recent and past data can help you establish an operational baseline, and in turn recognize deviations from the norm. It can also help you identify gaps and vulnerabilities in your organization. There’s also the global perspective: gathering and analyzing data on threat groups helps you recognize their patterns before they attack. However, don’t focus only on data and ignore basic psychology. Hackers are still just human beings and are “subservient to human behaviors and motivation,” Jenna reminds listeners. 
 
Cyber Risk Assessment is for Everyone
“I think everybody could benefit from a risk assessment in terms of cybersecurity,” Jenna tells Valerie; businesses in critical industries should prioritize it. Generally, she recommends an annual assessment. However, it should also be done when there is a significant change in operations or in the direction of the business. She argues that leadership buy-in is imperative: “Leadership buy-in for an organization is paramount to the success of the cybersecurity team.” 
 
Thoughts on Biden’s Executive Order
“Do you have any urgent or immediate thoughts on President Biden’s executive order on cybersecurity?” Valerie asks. Jenna responds that she is excited and on board with the order. “As cybersecurity professionals, we like to take advantage of every emergency,” she quips. It’s a positive step signaling that cybersecurity is seen as important at the highest levels of government. On the other hand, however, the executive order may not last after Biden’s term of office as it can be revoked by the next President. Additionally, only certain federal bodies are bound by the order.
 
Resources
Jenna Waters on LinkedIn 
True Digital Security