Categories
Daily Compliance News

Daily Compliance News: May 8, 2019-the Is He or Isn’t He edition

In today’s edition of Daily Compliance News:

  • Judge says Roger Ng in negotiations with the DOJ, although his lawyer denies it. (New York Times)
  • Colleges in ‘Willful Ignorance’ of corruption, say it ain’t so. (Law360)
  • It’s a bad day when the FT Editorial Board spanks you. (Financial Times)
  • Former Danske bank CEO charged in money-laundering scandal? (Reuters)
Categories
Innovation in Compliance

Civility as a Workplace Innovation with Carrie Penman


Is there still a place for good manners in today’s ruthless business world? Joining us today is Carrie Penman, the Chief Compliance Officer and Senior Vice President Advisory Services at NAVEX Global. She wrote an article entitled, The Cost of Incivility in the Workplace, and today we’re talking about why manners matter.

Why the article
So many people don’t have a good understanding of the fact that how you say something is as — or more — important than what you say. Think about what it’s like to be on the receiving end of the message you have to deliver. How would you want that to be said to you?
Rude, abusive, and harassing bullying behavior has been costing organizations big time for decades in terms of decreased productivity, lost top talent, loss of innovation, lower quality customer service, and more. Many of the reports that ethics and compliance officers receive over their hotlines are related to HR matters, and can lead to serious compliance violations.
The Era of the Jerk Manager is Over
It was once accepted and expected that it was okay for the boss to be a jerk. These days, it’s become a lot less acceptable. The course of our discourse and the political environment has raised the issue for so many people and the expectations of employees have changed. Jerk behavior is so toxic to our cultures, organizations, and our ability to succeed.
Committing to corporate values
Organizations have always had a set of core values, but the key is to commit to these values for them to have credibility. Is your organization living your core values in all aspects of your work? Are they enforced at all levels, i.e. no special rules for special people?
The only way for this to work is for organizations to recognize and discipline for inappropriate behavior, because if those behaviors are accepted, it drives cynicism. Carrie shares a company’s litmus test for their values: can you hire and fire by them?
We are all accountable
Employees may legitimately have a question or complaint about an interaction or a request from a manager, but it doesn’t give anybody the right to be rude or be a jerk. It’s basic human civility. Two wrongs don’t make a right: if the boss is being a jerk, that doesn’t mean the employee gets to be a jerk, too. We need to be accountable for our own behavior.
Be present professionally and personally. It all comes down to respect.
Resources
Carrie Penman
The Cost of Incivility in the Workplace 
Top 10 Ethics & Compliance Trends for 2019 
The Era of the Jerk Manager is Over

Categories
Daily Compliance News

Daily Compliance News: May 7, 2019-the Welcome to the US edition

In today’s edition of Daily Compliance News:

  • Roger Ng extradicted to US. (New York Times)
  • Closing arguments made in NCAA bribery scandal case. (ESPN)
  • Hell hath no fury like a competitor scorned. (Financial Times)
  • What happens when safety is ‘just a given’ at the Board level? (Washington Post)
Categories
FCPA Compliance Report

FCPA Compliance Report-Episode 429, James Koukios on MoFo’s February Anti-Corruption Newsletter

In this episode I have back with me, fan favorite James Koukios, partner at Morrison and Foerster.  This is Part 2 of a two-part series where we discuss the firm’s always great Top 10 International Anti-Corruption Developments newsletter. In this episode, we take a look at some of the key highlights from the February newsletter. In the most recent episode, we detailed some of the key developments from the January newsletter. We also have a special segment on the FCPA Opinion Release Procedure. Some of the highlights from the podcast include:

  • DOJ Files $38 Million Civil Forfeiture Action in Connection with Malaysia Sovereign Wealth Fund Scandal
  • What is the role of civil forfeiture in anti-corruption enforcement?
  • 9thCircuit Court of Appeals Vacates Federal Whistleblower Retaliation Verdict Against Bio-Rad. What does this mean for whistleblower cases going forward?
  • UK Serious Fraud Office Closes Two Foreign Bribery Cases. Gutless move on the part of the new director or is something else going on?
  • What is the Opinion Release Procedure? How a company can use it? What happens on the DOJ side once a request comes into the DOJ?

For further reading, see the Morrison and Foerster Top 10 International Anti-Corruption Developments for February 2019, by clicking here.

Categories
FCPA Compliance Report

Independent Monitoring and Proactive Assessments for Defense Attorneys-Part 5, In Non-Profits and Varsity Blues

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I have been joined by AMI Managing Director Stern. We have considered how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this concluding episode, we look at a third-party independent in non-profit setting and how it could help universities survive Varsity Blues. Find out more about Affiliated Monitors Inc. by checking out their website here.

Categories
FCPA Compliance Report

Independent Monitoring and Proactive Assessments for Defense Attorneys-Part 4, In the Health Care Industry

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Stern. We consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this fourth episode, we look at a third-party independent in the health care setting. Join us in our concluding episode in which we consider working with independent third-party monitor in the non-profit setting and the Varsity Blues scandal. Find out more about Affiliated Monitors Inc. by checking out their website here.

Categories
FCPA Compliance Report

Independent Monitoring and Proactive Assessments for Defense Attorneys-Part 3, Case Studies of Working with 3rd Party Independents

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Stern. We consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this third episode, we look at some case studies. Case studies are something every lawyer and compliance practitioner responds to because it presents real facts and events that the corporate compliance discipline can learn from and hopefully incorporate these lessons learned into their organizations. Join us in our next episode in which we consider working with independent third-party monitor in the health care setting.Find out more about Affiliated Monitors Inc. by checking out their website here.

Categories
Daily Compliance News

Daily Compliance News: May 6, 2019-the Diamonds are Forever edition

In today’s edition of Daily Compliance News:

Categories
FCPA Compliance Report

Independent Monitoring and Proactive Assessments for Defense Attorneys-Part 2, The Nuts and Bolts

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Stern. We consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this second episode, take a deep dive into the nuts and bolts of defense counsel working with a third-part independent monitor. Join us in our next episode in which we consider case studies where an independent third-party monitor was used successfully by defense counsel. Find out more about Affiliated Monitors Inc. by checking out their website here.

Categories
FCPA Compliance Report

Independent Monitoring and Proactive Assessments for Defense Attorneys-Part 1, Introduction

In this five-part podcast series, sponsored by Affiliated Monitors, Inc. (AMI); I am joined by AMI Managing Director Stern. We consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings. In this first episode, we introduce the concept of defense counsel working with independent monitors. Join us in our next episode where we dive into the weeds by looking at the nuts and bolts of working with a third-party independent monitor. Find out more about Affiliated Monitors Inc. by checking out their website here.