I recently saw the performance of King Lear with Glenda Jackson as the mad king. It was a magnificent production and if you have the chance to see, I would certainly urge you to do so. The production had many interesting features and interpretations which seemed to be great entrees into several compliance topics. The play was directed by Sam Gold and it was scored by Phillip Glass but the star power was derived from Jackson as King Lear. It was a fabulous take on the story and one that will resonate directly to our turbulent times. Therefore, inspired by octogenarian Jackson and her performance, I am going to use King Lear as a deep dive into several compliance topics this week. Today, I want to use the nature of the production, to introduce the day’s topic of innovation in compliance.
Gold’s Lear production was both unique and innovative. It was quite a large stage but the lightening was used to great effect. When the director wanted to shift the action, to another group of actors or topic, the lights were simply shut off to the actors not involved. They did not have to exit the stage and then return. This allowed them to remain on stage and the action could move back and forth without disruption.
The second innovation was in the use of music. While I am generally not a fan of music in Shakespeare, unless used in the original show notes, such as bugles blaring; I am not a fan of music in the performances. However there was a classical quartet which played throughout the performance that I felt truly enhanced the entire production. Finally, I normally revolt at any singing in a Shakespearian production. There were a couple of singing scenes which almost worked for me but at least they did not detract from the overall performance.
I thought about this in the context of how to move compliance innovation into the corporate pantheon of greater business process efficiency when I read a recent MIT Sloan Management Review article, entitled “Grow Faster By Changing Your Innovation Narrative”, by George S. Day and Gregory P. Shea. In the article they discussed their findings that organizations that sustain growth “faster than industry rivals articulate a coherent, compelling innovation narrative and rely on four powerful levers to make it a reality.” They posited four key levers for doing so which I believe would work well for a compliance function to sustain innovative growth within an organization and with its customer base, i.e. employees. I have adapted their piece for such an exercise.
The first lever is to invest in compliance talent.
The second lever is encouraging prudent risk taking.
The third lever is to adopt a customer centric process.
The fourth lever is aligning metrics and incentives with innovation activity.
The bottom line is that senior management is well-versed in the need for innovative and effective compliance. By using these four levers, a compliance practitioner can help senior managers to focus the organizations compliance efforts. The authors conclude by stating, “A growth-affirming innovation narrative and the four levers that make it manifest within a company can help leaders focus and prioritize their innovation efforts. The process of identifying and articulating the narrative is essential to understanding the culture of innovation within a company and envisioning what it can achieve. The levers bring that narrative to life. Without them, organic growth leadership in any industry is a hit-or-miss endeavor.”
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In this episode I have back fan fav Mike Volkov. We break down the recently released Fresenius FCPA enforcement action. Some of the highlights from the podcast include:
- A detailed discuss of the underlying facts.
- What were the bribery schemes? Some old and some new but every compliance professional should study them.
- How and why did Fresenius let the conduct go on for so long.
- How was the company able to garner a NPA?
- How did the company obtain its 40% discount for its fine and penalties?
- Why was a monitor required?
- What are the lessons learned from this enforcement action?
To take a deeper dive into the Fresenius FCPA enforcement action, check out Mike Volkov’s three-part series on his blog site, Corruption, Crime and Compliance. You can also check out my multi-part series on the FCPA Compliance Report.
APRIL 8, 2019 BY TOM FOX
In today’s edition of Daily Compliance News:
- Can a leopard (in this case Equifax) change its spots. (New York Times)
- Investigations for Boeing mount. (Washington Post)
- More corruption alleged in cricket, yet again. (BBC)
- Nominee for No. 2 at DOJ faces tough Senate hearing. (Wall Street Journal)
APRIL 6, 2019 BY TOM FOX
In today’s edition of Daily Compliance News:
- Pharma exec who developed return on bribe metric goes to jury. (NPR)
- Wilkie-Farr co-chair pleads guilty in admissions scandal. (Bloomberg)
- How the Nordic banks came to grief in the Baltics. (FT-Big Read)
- Schlumberger in trouble over sanctions violations again. (Financial Times)
I began by asking Gellert the following: What is the ability of the compliance procurement, credit professional and other cross functional areas to have seamless communication of their data analytics and findings? Obviously, this is vitally important with a hindrance of siloed information across those different business units. He stated, “what we are finding is the most evolved and sophisticated risk management programs are making sure that each one of those areas that may touch on risk is in some form or another connected with the others on findings, so there’s efficiency in that process”; from the Chief Information Officer (CIO) to the Chief Compliance Officer (CCO) to the Chief Financial Officer (CFO).
This means that data and analytics should be shared across business units to benefit from the supply chain. Continuous monitoring and understanding that when a company is deteriorating its financial health could be an indicator of problems. Further, fraud, and even corruption, is more likely to occur when the company is weak and under extreme financial duress and pressure. This is why having a leading indicator like the Financial Health Rating (FHR) is critical because it can communicate to a compliance professional when a company is weakening and enables a risk management to be focused on those suppliers who require a more focused risk management solution.
Gellert related that another “big part of it is making sure that everyone in your organization is speaking from a common language and that the analysis and the findings are shared. This means developing workflow efficiency and also creating a return on the investment for an overall risk management program.” It also allows companies to help their suppliers. Finally, it allows your organization to have a dialogue with suppliers. “It comes from transparency around financials and other risk areas and being able to perform the appropriate risk analysis that can be fostered through a dialogue. The more a company understands the problems that its supplier may have, the more it can do things to help that supplier through those problems.”
The bottom line is that companies want to continue to work with their suppliers. It is not good or even efficient business to engage in looking for ways to stop working with them. The more a business can work with a supplier in a collaborative way to help them through times of difficulty benefits everyone and allows a company that is engaged in risk management and invested in a risk management process to be able to demonstrate the return on investment to the finance side of an organization.
With this process in place, you can develop a well mapped out workflow for handling problems when they arise so that if one comes up, it allows your organization to repurpose and reuse the workflow. Gellert said it “allows for maximum leverage, maximum workflow efficiency.” Once the “tools necessary to put these systems and process are in place, they can be replicated.” Lastly, “When that occurs, the business efficiency and the gain that can come from this kind of an analysis on financial health and other risk areas really does pay dividends in the companies that do it, I think are benefiting significantly across all the different business units that it touches.”
Gellert concluded, “It’s about creating ecosystem that can grow with your business. When your business is doing well, the last thing you want to do is have the opportunity to expand, but then all of a sudden there is a problem in your supply chain that you could have avoided, but you were not being proactive enough to do so. It is very much about creating the most resilient supply chain where you are reducing risks, but you’re also expanding the opportunities to grow over time.” This is the real supply chain efficiency premium.
This podcast series is sponsored by Rapid Ratings International, Inc. For more information, check out their website at www.rapidratings.com.
I am pleased to welcome to the Modern Medium Podcast to the Compliance Podcast Network! In this new podcast Paris Fox leads a discussion on about the tools, strategies, tactics, and possibilities in modern medium design. In our first episode, we’re exploring ideas: how they form, how they change, and how we might incorporate those ideas into graphic design. Every compliance practitioner should listen to this podcast to help improve their messaging with a sharp millennial point of view.
Episode 1-Introduction
The creative process and coming up with ideas
When you’re stuck in a creative rut, it’s difficult to know where to begin with an idea. Even when you dohave an idea, it’s easy to get caught up in what you think something is supposed to be or what it’s supposed to look like. So it’s an important part of the process to learn how to let go. Ideas can come from anywhere. You can think of anything as a base point and go from there with it. Think about what you knew before, think about what you know now, and think about how things have changed. This doesn’t have to go anywhere tangible; you can use this as a brainstorming exercise or mind map and take off from it.
Episode 2-Incorporating Time into Art
Pick a sense, and spend 24 hours being fully aware of it. For example, what are the sounds that you experience when you go to class? As you go home? Or commute to work? Just begin to acknowledge the way you’re moving through time, because it’s easy not to think about. Documentation is also critical: it’s easy to experience and acknowledge these things, but how are you going to see how they’ve changed over time if you don’t document it?
APRIL 5, 2019 BY TOM FOX
In today’s edition of Daily Compliance News:
- Judge gives SEC and Musk 2 weeks to settle their differences. (New York Times)
- 3 drug companies settle FCA claims for $122MM. (Wall Street Journal)
- 7 key considerations for M&A site visits. (Merrill blog)
- Top 10 most interesting expense reimbursement claims. (Corporate Compliance Insights)
Gellert began by observing that organizations are aligning their suppliers and supply chain to be the more resilient to market volatility. With this increased volatility, suppliers need to be able to go through such periods and come out on the other side still in good business and financial health. This certainly contributes to the longer-term core health of a company. Another area critical to understanding your business risk is “what the two to three-year perspective is on a company as well as the one-year perspective. Companies tend to try to align themselves with suppliers that have strong core health so they will be around, be trusted, be nimble and agile over the next handful of years.” However, even if you wanted to avoid all risks, your organization cannot do so. This means you must work to manage risk. But with greater risk this usually means greater business opportunity.
It really turns on getting “full risk visibility”. As Gellert noted, “one cannot manage the unknown risks that can occur in unknown.” This goes to the big risks such as is now going on in the UK with the Brexit imbroglio that Parliament has put not only itself but the British nation into. Gellert said, “Everyone knows that Brexit is extremely important for the companies that are affected in the UK and in Europe, but without a resolution on what the Brexit plans going to be, no one really knows how much. This uncertainty is affecting companies and the management of their supply chains in all sorts of ways.” But even turning away from such massive unknowns as Brexit, down to a much more macro environment, Gellert believes “it is important for people to recognize that over the last 10 years this country has been in an incredible credit market, with artificially low interest rates and investors scrambling down the credit curve to find yield wherever they can.” It will end and are you ready from a supply chain risk management perspective?
While the easy credit market has bolstered the low end of the credit markets so that weak or inefficient companies have had access to capital and been able to raise money at inexpensive rates; as the market begins to change you will see more volatility in the market, higher interest rates, therefore higher costs of capital. This means that over the next couple of years, companies will be unable to refinance the debt that they have so easily financed over the last few years. Gellert believes this is “going to cause a lot of problems because private companies and smaller businesses will have a harder time raising money and that will affect their ability to expand and just deliver on goods that have obligations to deliver on.” This translates to supply chains as a convergence of factors wreaking havoc over the next few years on supply chain risk management.
We then turned to cyber risk, which is one of the, if not the, hottest risk management issues for a variety of parties, sectors and relationships for 2019 being discussed at the Board level. While this topic gets a fair amount of attention when someone starts to work with a new supplier, it gets less attention in the continuous monitoring of those suppliers. Gellert says that you must “be able to look over time during the lifecycle of working with a company on whether they’re able to continue to invest in state-of-the-art information technology systems that will allow them to avoid those cyber risks or manage those cyber risks. And companies that are weakening in financial health have less flexibility to be able to invest in the other areas that are in areas that are going to protect or expose their customers and other counterparties to risk cyber being one.”
RapidRatings has found more correlations between financial health ratings and the weak companies that carry high financial risk and their ability to deliver a quality product. The ability to deliver on time and the ability to invest in cybersecurity programs are all interconnected. Gellert sees that “They really need to be viewed as interconnected elements and not looked at as a separate topics and separate risks. The more sophisticated risk management programs are evaluating them as connected risks and making sure that their suppliers have programs in place to try to be able to spot problems before they exist.” This is another facet of getting transparency and a collaborative relationship with suppliers to discuss these problems before they become crippling events so that you can review and remediate them as they are potentially emerging. It means, above all, being proactive and understanding the interconnected relationship involved.
Many compliance practitioners and supply chain professionals understand the need for due diligence but that is only the starting point. It is the starting point for an ongoing relationship and ongoing dialogue, ongoing monitoring companies with more mature compliance programs certainly understand that in the supply chain realm. More and more companies are embracing this process. Gellert stated, “it is being able to action the analytics and action the data that emerges from the risk management itself to be able to build a more cohesive risk management process. It’s really about linking all of those through the business units of a company that may touch on the risk management of an individual supplier as well as the supply base as a whole.”
Please join us tomorrow when we conclude the series by considering the supply chain efficiency premium going forward.
This podcast series is sponsored by Rapid Ratings International, Inc. For more information, check out their website at www.rapidratings.com.
Welcome to the only roundtable podcast in compliance. Today, in Episode 44 Tom Fox sits in for Mike Volkov, who is on assignment.
- Jonathan Armstrong discusses a recent presentation he saw by the OECD on some of the key and current numbers on the global fight against bribery and corruption. Jonathan shouts out to Nicola Howard QC for her work on DPAs in the UK and the British Airways for its pizza delivery service from London to Lagos.
- Matt Kelly details the recent SEC whistleblower award to two individuals of $50MM. There were multiple claimants and the award detailed what the SEC values in terms of information. He also discusses the award in the context of the Trump administration’s attempt to gut the SEC whistleblower program. Matt rants on the unqualified Trump nominee for the Fed, Stephen Moore.
- Jay Rosen talks about how the #MeToo continues to resonate in Hollywood as yet another studio executive is forced to resign. This time the scandal is not about power over another but about the conflicts which arise when some in a relationship uses his power to promote his paramour over others. It is also about how the studio internal investigations continue to clear the studio execs of any wrongdoing. Jay shouts out to Matt Kelly for attending the SCCE Regional event in Boston.
- Tom Fox, sitting in for Mike Volkov discusses a compliance-based solution to help manage the opioid crisis. He shouts out to (now) former Wells Fargo CEO Tim Sloan for admitting the abysmal job he did in the wake of the fraudulent account scandal by resigning and rants on Wells Fargo which cannot seem to move beyond the scandal.
The members of the Everything Compliance panelist 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– Rounding out the panel is our UK colleague, who is an experienced lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
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.
For additional reading and listening check out the follow additional resources:
Matt Kelly’s blog post, $50 Million SEC Whistleblower Award in Radical Compliance.
Tom Fox, has two blog posts on a Compliance Response to the Opioid Crisis(Part 1 and Part 2) in the FCPA Compliance and Ethics Blog. Also listen to his podcast recording with the person who came up with the solution, Jesse Caplan, on a special podcast series Emerging Issues in Healthcare Compliance (Part I and Part II), on the Compliance Podcast Network.
Jay Rosen’s article Haven’t We Seen This Film Before on Corporate Compliance Insights.
OECD report underlying the presentation discussed by Jonathan Armstrong entitled, “OECD Strategic Approach to COMBATING CORRUPTION AND PROMOTING INTEGRITY”. It is available for no charge.
APRIL 4, 2019 BY TOM FOX
In today’s edition of Daily Compliance News:
- Wynn Casinos said to have hidden claims against Steve Wynn. (New York Times)
- Is your airline watching you? (New York Times)
- Hertz goes after former execs for restatement costs. (Compliance Week)
- Texas senate passes Bigot Law. (Houston Chronicle)