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This Week in FCPA

Episode 253 – the Back to Disneyland edition


As the Rosen Family returns to DisneyLand, with Jay still podcasting from a still undisclosed location, he and Tom take a look at this week’s stories top compliance and ethics stories which caught their interest on This Week in FCPA in the Back to DisneyLand edition.
Stories

  1. $28MM whistleblower award in FCPA case. Menqui Sun in the WSJ Risk and Compliance Journal. SEC Press Release.
  2. Will investigations on China become even more difficult? Helen Hwang and Eric Carlson in the FCPA Blog.
  3. Ephemeral messaging guidelines. Rebecca Cronin in JDSupra.
  4. What is moral equilibrium? Vera Cherepanova in the FCPA Blog.
  5. Great series on the VW monitorship. Aly McDevitt in Compliance Week Part 1, Part 2, Part 3, Part 4, Part 5 (sub req’d).
  6. Using neuroscience in leadership. Dr. David Rock in Flexworks.
  7. Corruption and soccer. In Risk and Compliance Platform Europe.
  8. Underarmour settles EC charges. Mike Volkov in Corruption, Crime and Compliance.
  9. How do you mind the data gap? SEC Commish Caroline Crenshaw in the Havard Law School Forum on Corporate Governance.
  10. Judge admonishes Paul Wiess and Alex Oh. Mike Volkov comments in Corruption Crime and Compliance.

Podcasts and Events

  1. In this episode of Survive and Thrive, Tom and Korney Nordum discuss how to naviage an SEC review of your Code of Conduct.
  2. In the most recent episode of Integrity Through Compliance, recorded before the recent Colonial Pipeline Ransomware attack, Affiliated Monitors, Inc.’s MD Dionne Lomax, sat down with Dentons’ Kelly Graf to discuss Privacy and Cybersecurity Issues for 2021 and Beyond. Now that cybersecurity is in the news more than ever, this conversation couldn’t be more relevant. Check it out here.
  3. In a special K2 Integrity Matters podcast, Tom visits with Gabe Hidalgo on the latest on cryptocurrencies and their issues.
  4. Join K2 Integrity’s team on the latest DOLFIN Webinar: Ask an Expert FINQuiry on High-Risk Banking. Chip Poncy, Gabe Hidalgo, Gail Fuller, and Archana Bea will lead the discussion on high-risk banking, businesses, and products; emerging risks in the virtual assets space; and financial crime risk management for fintechs. Learn more and register here.
  5. Tom announces his latest book, The Compliance Handbook, 2nd edition is available for presale purchase. Use the code FOX25 and go here. The Compliance Handbook 2ndedition will be available in both print and eBook editions. This week on The Compliance Handbook podcast, Eric Young joins Tom for a deep dive into the role of internal controls in a best practices compliance program.

Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

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Daily Compliance News

May 21, 2021 the It’s a Little Late edition


In today’s edition of Daily Compliance News:
·       Colonial Pipeline now wants to hire cybersecurity mgr. (WaPo)
·       Tim Cook to testify. (CNN)
·       US seeks minimum 15% international corp tax. (NYT)
·       MacDonald’s accuse of racial discrimination in ad spending. (WSJ)

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Compliance Kitchen

EU moves forward with Brexit Adjustment Reserve; SAP Settlement, OFAC and DOJ


This episode takes a look at EU’s declaration that it is moving forward with the Brexit Adjustment Reserve. We also touch on the recent SAP settlement with the US government in connection with the US sanctions regime.

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Everything Compliance

Episode 80, the Vaccinated edition


Welcome to the only roundtable podcast in compliance. Today, we have a quartet of Matt Kelly, Jonathan Marks, Jonathan Armstrong and Jay Rosen for a deep dive into plethora of compliance topics. We end with a veritable mélange of rants and shouts outs.

  1. Jonathan ArmstrongJonathan Armstrong reflects on the SFO’s 0-11 record in trying individuals, after corp DPAs have been signed. Armstrong delivers a shout out to the BBC for their podcast series Lazarus Heist.
  2. Jonathan Marks talks about the intersection of governance, fraud and corporate culture. Marks has his most epic rant ever, directed at Bob Baffert who claims he has no idea how his Kentucky Derby winning horse was drugged.
  3. Jay Rosen reviews a recent AMI, Integrity Through Compliance podcast on healthcare issues in 2021. Rosen shouts out to the GOAT Tom Brady and his return to New England in the 4th game of the 2021 NFL season.
  4. Matt Kelly discusses the recent Biden Administration Executive Order on Cybersecurity. Kelly shouts out to Moderna for its covid vaccine.
  5. Tom Fox shouts out to the 10,000 New York Yankee fans who so voraciously berated the Houston Astros as cheaters during a recent trip to Yankee Stadium that it hurt the feelings of those same cheaters.

Additional Resources:
Matt Kelly blog post on Radical Compliance, Parsing Biden’s Cybersecurity Order 
See Cordery Compliance Client Alert, SFO Loses another case 
Listen to the AMI podcast Integrity Through Compliance: Episode 8: From Business Opportunities to Compliance Risks: Healthcare Expectations in 2021 
Jonathan Marks blog post on Board and Fraud, Governance, Fraud, and Corporate Culture: Sorting Through a Complicated Relationship 
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
  • Mike Volkov – One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com
  • 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 armstrong@corderycompliance.com
  • Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at 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.

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Daily Compliance News

May 20, 2021 the Data Protection edition


In today’s edition of Daily Compliance News:

  • Data protection stupidity is no business strategy. (WSJ)
  • Panasonic Avionics whistleblower awarded $28MM. (WSJ)
  • Trump Organization under criminal investigation in NY. (WaPo)
  • Lithuanian central bank responds to Wirecard allegations. (FT)
Categories
Compliance Kitchen

UK and EU Sanctions on Myanmar


The Kitchen continues its coverage of the Myanmar/Burma sanctions.  This episode looks at the UK sanctions on this country and also an update from the EU in this regard.

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Great Women in Compliance

Dr. Pat Harned, Part 2


Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
One of the best parts of GWIC is that we get the opportunity to speak with some of the trailblazers in our field. In the next two episodes, Lisa talks with Pat Harned, the CEO of the Ethics and Compliance Initiative (ECI). Today, Lisa gets to learn about Pat’s background, what led her to working at ECI and how the organization evolved before and during her leadership. Pat talks about her experience as a woman in our field and as a CEO.
In this episode, we have Part 2 of Lisa’s discussion with Pat Harned, the CEO of the Ethics and Compliance Initiative (ECI). In Part 1, they discussed ECI, its mission, the recently released Global Business Ethics Survey (GBES) and Pat’s journey to her leadership of ECO.
In Part 2, Lisa and Pat discuss the IMPACT Conference, and focus on one of the keynote discussions about reporting and speaking up and retaliation. They discuss the trends identified globally and in the US in the GBES, and the analysis of the data received from the survey participants. Pat also provides guidance and insight about retaliation and the perception of retaliation both in the US and throughout the world, and how the social justice movements and COVID have impacted them.
Pat concludes the discussion with some of the knowledge and advice that she would have liked to have known when she started her career.  We are very lucky in the E&C Community to have so many strong organizations for us to build and grow our professions, and fortunate to have a woman like Pat helming ECI.
The Great Women in Compliance Podcast is proudly featured on the Compliance Podcast Network and sponsored by Corporate Compliance Insights. If you enjoyed this episode please subscribe to the podcast and rate it on your podcast player to help other compliance professionals find it. Want to hear more from us? We have a book, “Sending the Elevator Back Down: What We’ve Learned from Great Women in Compliance” (CCI Press, 2020) which is available on Amazon.com and Book Depository.
If you’ve already read the booked and liked it, will you help out other women to make the decision to leverage off the tips and advice given by rating the book and giving it a glowing review on Amazon?
As always, we are so grateful for all of your support and if you have any feedback or suggestions for our 2021 line up or would just like to reach out and say hello, we always welcome hearing from our listeners.
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.

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Compliance Into the Weeds

Biden Administration Executive Order on Cybersecurity


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 Biden Administration’s recently released Executive Order on cybersecurity for both the federal government but also contractors who do work for the US government and their subcontractors.
Some of the issues we consider are:

  • How will there be more and better sharing of threat information?
  • How will we achieve stronger cybersecurity within the government?
  • Why will contractors will need to have stronger oversight of their SW supply chain?
  • What will be the role of compliance?
  • What will be the role of internal audit? 

Resources
Matt’s blog post on Radical Compliance: 
Parsing Biden’s Cybersecurity Order

Categories
Daily Compliance News

May 19, 2021 the Slow Start edition


In today’s edition of Daily Compliance News:

  • AML whistleblower program getting off the ground slowly. (WSJ)
  • Amazon under investigation by German anticompetition watchdog. (BBC)
  • $100MM stolen from Wirecard just before its collapse. (FT)
  • US accuses officials of corruption. (WaPo)
Categories
Compliance Kitchen

Russia Restrictions on Corporate Disclosures; OFAC updates Somalia sanctions


In this episode, we will touch on new Russia’s Restrictions on Corporate Disclosures; and OFAC’s updates to Somalia sanctions.