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Daily Compliance News

Daily Compliance News: May 15, 2019-the whistleblower protection edition

In today’s edition of Daily Compliance News:

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Innovation in Compliance

Taking the Digital Route with Syed Hussain


How do you keep pace with innovation? Returning to the podcast is Syed Hussain, the Co-Founder & CEO at Liquidity Digital, a blockchain-based FinTech firm that’s building an end-to-end digital security system. How does this work and how can it make our organizations more efficient, more compliant, and more profitable?

The shift to digital
Traditional forms of capital formation are simply not keeping pace with what the capital demands of the markets are. What blockchain enables people to do is take their existing assets, digitize and securitize those assets, and transform them into digital securities. At Liquidity, they’re building a platform that will allow for the issuance of these digital securities, paving the way for capital markets to go and take the digital route.
Benefits of digital security
Digital security is now bringing in opportunities that aren’t possible in the traditional world. Because these things are built on top of blockchain, it is inherently a very, very secure protocol. It’s transparent, as you’re able to store it on an immutable record and can trace any changes and transfers of ownership. It’s also accessible, allowing you to expand out into global markets. And because it’s digital, it’s made extremely efficient through automation, leading to massive cost reductions and a tremendous amount of savings.
Regulations and Innovation
Liquidity works hand in hand with regulators and partners with them: regulators are able to learn about the technology and build regulations around it, as well as helping Liquidity navigate regulatory channels so that while they leverage this new technology, they can make sure everything is compliant.
Regulators are being very open-minded in their approach, and are seeing this new technology as something to look forward to that is leading the charge. This is something that is going to bring in massive amounts of innovation, and while innovation is always going to be ahead of regulation, what’s important is that regulations are able to quickly catch up.
As innovators, the responsibility lies with us: we cannot make changes in reaction to regulations. We need to work with regulators so we can innovate proactively and have innovation through regulation.
Resources
Syed Hussain (LinkedIn)
Liquidity.Digital (Website)
Twitter

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Daily Compliance News

Daily Compliance News: May 14, 2019-the from bad to worser edition edition

In today’s edition of Daily Compliance News:

  • Judge scolds SEC over VW lawsuit. (WSJ)
  • With friends like this? (Corporate Counsel)
  • Bombadier faces World Bank debarment. (org.cn)
  • Things go from bad to terrible for Bayer. (WSJ)
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Daily Compliance News

Daily Compliance News: May 13, 2019-the regime change edition

In today’s edition of Daily Compliance News:

  • DOJ asks Judge to remove lead defense counsel for Huawei. (NYT)
  • Did cost cutting cause Boeing 737 Max crashes? (Bloomberg)
  • House Financial Services approves bill to overturn Digital Trust Realty. (Radical Compliance)
  • States allege generic drug makers obstructed justice in cartel probe. (Washington Post)
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Daily Compliance News

Daily Compliance News: May 12, 2019-the Sunday Book Review edition

In today’s edition of Daily Compliance News:

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Daily Compliance News

Daily Compliance News: May 11, 2019-the what is data security edition

In today’s edition of Daily Compliance News:

  • What is data security? Ask Jonathan Armstrong. (Financial Times)
  • Uber tanks at IPO opening. What did compliance have to do with it? (WSJ)
  • SEC Thursday fined Telefônica Brasil S.A. $4.125MM for World Cup tickets. (FCPABlog)
  • What to do when the boss tells you to lie to the feds? Ask Don McGahn. (New York Times)
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This Week in FCPA

This Week in FCPA-Episode 153 – the You’ll Never Walk Alone edition

A big tip of the hat to the Liverpool Football Club for its stunning 4-0 trouncing of Barcelona at Anfield to roar back into the Champions League finals for the second consecutive year. With Tom still singing You’ll Never Walk Alone, he takes a break to join Jay to discuss both events some of this week’s top compliance and ethics stories which caught their collective eyes.

  1. Roger Ng extradited to US. Is he cooperating with authorities? Will he flip on Goldman Sachs? Matthew Goldstein reports in the NYT. Yantoultra Ngui, Nicole Hong and Aruna Viswanatha all report in the WSJ.
  2. Want to take a deep dive into the 2019 Guidance. Check out Tom’s 7-part series on the FCPA Compliance Blogand Mike Volkov’s 6-part series on Corruption Crime and Compliance.
  3. Who are the Top Minds for 2019? Compliance Weekannounces its award winners.
  4. Regime change ensnares two more companies: Shell and ENI. Kelly Gilblom , Jonathan Browning , and Chiara Albanese all report in Bloomberg.
  5. What is the Corporate Identification Doctrine in Canada and the UK? Lincoln Caylor and Nathan Shaheen discuss in the FCPA Blog.
  6. Would you but a new plane from Boeing? Natalie Kitroeff and David Gelles report in the NYT.
  7. Should compliance be siloed? Bonnie Eslinger reports in Law360.
  8. What is moral harassment and will it ever be prosecuted in the US. Jon Rusch considers a French criminal action in Dipping Through Geometries.
  9. In Part 2 of a two-part series on monitors, Jay discusses dealing with a monitor after the settlement. On Corporate Compliance Insights.
  10. What happens when the DOJ outsources its investigations? Sara Kropf discusses on theGrand Jury Target Lawyers from RichardsKibbe discuss in NYU’s Compliance and EnforcementBlog.
  11. Two low level players convicted in NCAA bribery case. Billy Witz reports in the NYT.
  12. Tom has a special 5-part podcast series with Don Stern, Managing Director at AMI on Use of Monitors by Defense Counsel. Check out the following: Part 1-Introduction;Part 2-the Nuts and Bolts; Part 3– Case Studies; Part 4-in the Health Care industry; Part 5-Non-Profits and Varsity Blues. The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotifyand Corporate Compliance Insights. The Compliance Podcast Network
  13. Join Tom and Mike Volkov for a webinar on best practices internal investigations on the new DOJ 2019 Guidance, Friday May 17 at 2 PM EDT. It is sponsored by Hanzo and hosted by Sean Freidlin. For information and registration, click here.
  14. Join Tom and Jay at Compliance Week 2019. It is one of the top compliance and ethics conferences of the year. This year, Tom is joined by Jonathan Marks in leading a pre-conference workshop on Sunday afternoon about handling internal investigations and performing a root cause analysis. Monday will include a keynote address from the always popular Hui Chen, Tuesday Preet Bharara. To review the full agenda, see who is speaking or to review the registration information click on the appropriate link. Best of all, if you have read this blog,  you are eligible for a discount on the conference cost. Enter code “TOM300” at checkout to save $300 from your registration.
  15. Finally, if you are in Houston on May 16th please plan to join the Greater Houston Business and Ethics Roundtable to help us honor Protiviti’s Jim DeLoach as our 2019 Bette Steed Leadership in Business Ethics honoree. The event is form 6-9 PM. Details and registration are 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.
For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.

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Daily Compliance News

Daily Compliance News: May 10, 2019-the what is hubris edition

In today’s edition of Daily Compliance News:

  • Theranos founder Elizabeth Holmes defense? The government defrauded Theranos (not the other way around). (New York Times)
  • Wells Fargo creates new compliance position but promotes old employee into it. (Financial Times)
  • Too many auditor findings of insufficient controls? SEC solution, eliminate the requirement. (MarketWatch)
  • Deutsche Bank accused of bribery in London lawsuit. (Bloomberg)
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Everything Compliance

Everything Compliance-Episode 46, the 2019 Compliance Guidance

Welcome to the only roundtable podcast in compliance. Today, we have the full quintet of Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Armstrong and our newest colleague, Sarah Hadden. We take on one topic which the panelist explores from their expertise. The topic is the Justice Department’s Evaluation of Corporate Compliance Programs-2019 Guidance which was recently released.

  1. Sarah Hadden puts on her journalist hat to consider the 2019 Guidance in the context of transparency by DOJ in releasing this information critical for compliance going forward. Sarah rants on all those in the Everything Compliance gang who attended the ECI Impact 2019 conference in her hometown of Dallas and did not reach out to connect with her. (And we know who we are)
  1. Matt Kelly considers some different questions such as: Is there anything new? Does it mean any difference in practice? Is it simply a way to wipe out one of the core legacies of Hui Chen? Matt rants on the Trump Administration which said only a couple of weeks ago said it was cracking down on Agency and Department Guidance and literally turns around and issues the 2019 Guidance. Which is it guys?
  1. Jay Rosen discuss the original Benczkowski Memo as a precursor to the new 2019 Guidance and how the Benczkowski Memo lays out a roadmap to avoid a monitor by using pro-active assessments. Jay shouts out to the Boston Red Sox for reaching .500. (Matt chastises Jay for now jinxing the Sox)
  1. Mike Volkov discusses how the Justice Department is using the state of compliance programs not only at time of violation but also at time of conclusion to reward companies with lower penalties. Mike shouts out to both Brian Benczkowski/DOJ for this new FCPA Compliance Guidance and the Department of Treasury for OFAC guidance around money-laundering and trade sanctions compliance programs.
  1. Jonathan Armstrong compares and contrasts the 2019 Guidance document with the information released by SFO on compliance programs. He then considers what a ‘good’ compliance program looks like in his search for a ‘good’ recipe for the perfect Tikka Masala. He rants about the first UK data privacy regulatory action under GDPR, where the UK data protection agency sanctioned the UK government for violation of GDPR.

The members of the Everything Compliance panelist are:

The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network.

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Great Women in Compliance

Knocking for Opportunities with Lisa Estrada

We talked about what it’s like to go into law and compliance as a second career – Lisa started out work life in politics before going to law school as a young mum,  then working in health law in private practice before joining us at Fresenius Medical Care as the Chief Compliance Officer of the North America business.  Lisa gave advice for those wanting to get into healthcare compliance. Lisa gave her views on the benefits of proactively asking for opportunities at work to make your ambitions known.  We acknowledged that while this might be viewed as an aggressive move or maybe a staff member would be nervous about the reception if their requests were rejected, that overall this is a good tactic if you will for signaling to a manager that you’re hungry for more.  While the manager may not be in a position to grant you the precise request at the given time, at the very least it will show an attitude for wanting to develop and better yourself and the manager will now be conscious of what you’re looking for and look for other ways that may get you there if what you’ve suggested won’t work for the moment