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Daily Compliance News

Daily Compliance News: June 9, 2019-the Sunday Book Review edition

Books reviewed in today’s edition of Daily Compliance News:

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Daily Compliance News

Daily Compliance News: June 8, 2019-the thrown under the bus edition

In today’s edition of Daily Compliance News:

  • FIFA VP detained for questioning by French Police.(NYT)
  • In the UK, expect fines to increase under GDPR. (Compliance Week)
  • Want to go the ISS? NASA has a ticket for you (limited leg room in coach) (NYT)
  • What happens when new CEO throws old CEO ‘under the bus’? Meg Whitman explains. (FT)
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Daily Compliance News

Daily Compliance News: June 7, 2019-the Bring out your Dead edition

In today’s edition of Daily Compliance News:

  • OSI announces both DOJ and SEC have dropped their FCPA investigations of the company? (YaHooFinance)
  • Fiat Chrysler’s U.S. Sales Chief Files Whistleblower Lawsuit. (WSJ)
  • Will JPMorgan settlement lead to increase in Dad-leave? (Washington Post)
  • SEC investigating Siemens AG, Philips NV and General Electric Co for FCPA violations. (Reuters)
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This Week in FCPA

This Week in FCPA-Episode 157 – We’re on iTunes edition

As the enjoy the Astros continue their decimation of their AL West opponents and the lads celebrate finally getting their own iTunes show, they return to discuss both events some of this week’s top compliance and ethics stories which caught their collective eyes.
1.    Complexity and compliance, how do you deal with this in your compliance program?
2.    The SEC gives two whistleblowers a premium for reporting internally before disclosing to regulators.
3.    Wither CITGO? Tom predicts things will go downhill quickly in a FCPA kind of way.The next day the government announces a subpoena to CITGO for potential FCPA violations.
4.     The Malaysian Anti-Corruption Commission on extending the commitment of management to do business in compliance and ethically.
5.     Managing Anticorruption Compliance Under the EU’s General Data Protection Regulation. An article by Ruta Mrazauskaite.
6.     Is Exxon evil? Jaclyn Jaeger thinks so and explains why in an Op-Ed.
7.    Mike Volvok follows his 3-part series on auditing your investigative protocol with a 4-part series on a sanctions compliance program.
8.    Why is compliance is critical in the daily changing Trump trade wars against everyone. Paul Ziobro reports on FedEx.
9.    Why a ‘necessary evil’ does not constitute effective compliance. Mary Bennett explains.
10. ESG Screening Underscores Challenges in Third-Party Risk Management. Brian Alster considers.
11. This week Tom had a special 5-part podcast series sponsored by AMI on the new Justice 2019 Guidance featuring Eric Feldman. Check out the following: Part 1-Introduction;Part 2-Well-designed;Part 3– Effectively Implemented; Part 4-Working in Practice; Part 5-Final Thoughts.  The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTubeSpotifyand Corporate Compliance Insights. The Compliance Podcast Networkjoins C-Suite Radio.
12.  Join Tom in Boston for his industry leading Compliance Master Class on June 11 & 12. Listeners who attend will receive a complimentary copy of The Compliance Handbook. Registration and Information is here. Join Tom, Eric Feldman, Vin DiCianni and Jay at the AMI Roundtable in Boston on June 13 for a deep dive into the DOJ’s new Evaluation of Corporate Compliance Programs-2019 Guidance. Information and registration is here.
Tom Fox is the Compliance Evangelist 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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Life with GDPR

Life With GDPR: Episode 29- GDPR Year 1 Review-Part II, the Issues

In this podcast, data privacy/data security expert Jonathan Armstrong and Compliance Evangelist Tom Fox use the framework of GDPR to discuss a wide range of issues relating to these topics. They consider what the US compliance and InfoSec security expert needs to know about what is happening in the UK, Europe and beyond. This episode is the first of a two-part series where  Jonathan Armstrong and myself consider some of the highlights from the first year of GDPR implementation and enforcement. In this Part I we considered some of the enforcement numbers. In this Part II, we discuss some of the substantive issues. Some of the highlights in this episode include:
  1. Security issues-multiple regulators for large breaches and questions of whether TOMs are adequate.
  2. 6 Principles of GDPR-highest is around transparency.
  3. Data Subject Rights are seen as the biggest corporate pain points.
  4. DPIAs have been embraced by many companies and are seen by regulators as the backbone of a corporate compliance program around data security/data privacy.
  5. Industry sweeps are beginning to occur.
  6. Mixed quality of legal advice is hurting many companies in their compliance efforts.
  7. Some significant cases are headed to trial and then appeal.
  8. GDPR is here to stay.
For more information on Cordery Compliance, go their website here.
For additional reading see the Cordery Compliance article, “GDPR One Year On”.
Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.
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Daily Compliance News

Daily Compliance News: June 6, 2019-the 75th anniversary of D-Day edition

In today’s edition of Daily Compliance News:

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Daily Compliance News

Daily Compliance News: June 5, 2019-the SFO lives edition

In today’s edition of Daily Compliance News:

  • KPMG Director accused of bullying steps down?(FT)
  • The SFO fines F.H. Bertling Ltd. £850,000 for role in Angola bribery. (WSJ)
  • SEC files charges against unregistered $100 million crypto token offering.(MarketWatch)
  • SEC issues joint whistleblower award. (FCPA Blog)
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Compliance Into the Weeds

Compliance into the Weeds: Episode 126-Compliance and Complexity

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. In this episode, Matt Kelly (the coolest guy in compliance) and I go into the weeds to explore how the complexity of modern-day corporations can lead to catastrophic failures such as the two crashes of the Boeing 737 Max.
Some of the highlights include:

  • Our podcast today was based upon two blog posts we both wrote this week based upon the NYT article The Late Change, and Fatal Flaws in Boeing’s Plane.
  • Why and how can complexity lead to catastrophic failre?
  • The modern corporation is very siloed. How does this contribute to risk?
  • Why every compliance professional should read the NYT article.
  • How should you think about systemic risk in your organization’s ecosystem?
  • How does the COSO 2013 Internal Controls Framework consider the issue of communication across an organization?

In addition to the great NYT piece check out the following resources:
Matt’s blog post-Another Lesson from Boeing-Silos
Tom’s blog post-Boeing and More Compliance Lessons

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Innovation in Compliance

Continuous Improvement in Compliance with Brian Beeghly


Brian is the founder of Informed360, one of the most innovative companies Tom has come across in a very long time. Brian’s a little unique in the compliance field in that he’s not a lawyer, but that’s one of the main reasons, coupled with his experience running large programs, that caught the CEO’s eye. He talks about the career path that led him to Informed360.

Under the Hood of Compliance
Brian talks about how having a great team working in a compliance department isn’t enough. When he looked ‘under the hood’ of how things were being run, he noticed some major problems. In other words, it was ‘all duct tape and glue.’ There were manual processes, lots of Excel spreadsheets all over the place, and disparate systems and applications that weren’t connected. Pulling data and information together was a painful process. This was what inspired him to create Informed360.
The Role of Technology
From risk assessments and disclosures and beyond, Informed 360 grew out of a real need for the compliance industry to catch up with technology. The main idea was to give data far more visibility. They didn’t just build for one compliance activity at a time. Instead, they asked: “How to companies manage their ethics compliance program?” That was the mindshift needed to build a holistic platform that can code a company’s compliance elements into their program. This allows for continuous improvement of the program and is at the heart of Informed360.
A Project Management Tool
It’s great and necessary to have a risk assessment tool, but without action taken on that risk, it becomes a real issue. That’s why Informed360 is also a project management tool, pairing actions to resolve problems, again, with the continuous improvement concept in mind. And like any good project management software, there is a place to put all the documents and bits of information that are often scattered across computers and cloud storage. Brian also talks about how lean methods are working their way into compliance programs.
Informed360 and Red Flag Reporting
Informed360 recently announced a partnership with Red Flag Reporting that promises to be interesting and useful. Brian is the first to admit that a single system cannot do everything everyone needs done. So instead of building out certain functionalities, they have decided to look to market leaders and partner with them, and Brian talks about what that looks like for the future of Informed360.
Resources
Informed360 | LinkedIn

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Daily Compliance News

Daily Compliance News: June 4, 2019, the leadership edition

In today’s edition of Daily Compliance News:

  • Why are bashful bosses better leaders? (FT)
  • Leaders must know their weaknesses better than their strengths? (FT)
  • A key leadership problem-setting boundaries. (Washington Post)
  • A younger generation of leadership for Glencore is coming. (Bloomberg)