Categories
FCPA Compliance Report

Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, Part 1: Overview with Kevin Abikoff

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 1, I visit with Kevin Abikoff, co-Executive Editor of the Alert for an overview of the 2019 Alert.
Some of the highlights include:

  • When did the Alert come into existence?
  • How has it changed over time?
  • Why does each edition begin with lyrics from a recording artist we lost over the past?
  • What is the significance of this year’s tribute to Steve Cash and If You Want to Get to Heaven?
  • Why is this year-end alert different than other law firm publications of a similar nature?

Resources
Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here.

Categories
FCPA Compliance Report

Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, Part 2: Year in FCPA with Laura Perkins

Welcome to a special five-part podcast series from the Compliance Podcast Network. In this series I am taking a look at the Hughes Hubbard & Reed 2019 FCPA and Anti-Bribery Alert. I visit with five firm lawyers involved in the preparation of the report, each of whom is a subject matter expert in an area of the FCPA and anti-corruption. In this Part 2, I visit with Laura Perkins, co-Executive Editor of the Alert for an overview of the 2019 Alert.
Some of the highlights include:

  • What were some of the key developments from the Department of Justice over the past year in the FCPA?
  • What were some of the enforcement actions from the Department of Justice over the past year in the FCPA?
  • What were some of the policy announcements from the Department of Justice over the past year in the FCPA?
  • What were some of the DOJ tips on best practices in compliance were to be found in FCPA enforcement actions over the past year?
  • Why are the guidance documents from the DOJ so useful to the compliance professional?

Resources
Hughes Hubbard 2019 FCPA and Anti-Bribery Alert, click here.

Categories
Great Women in Compliance

Lidia Lopez Trabalon: From Rules to Mindset: How Unconscious Bias Impact Compliance Programs

Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley. In this episode, Lisa Fine has a conversation with Lidia Lopez Trabalon, who is the Group Compliance Officer at SBM Offshore.
We all have biases, conscious and unconscious, and these impact our thoughts every day.  But how often do we think about them as part of our programs – both for ethics and compliance professionals and for those with whom we work.
In today’s Great Women in Compliance episode, Lisa Fine speaks with Lidia Lopez Trabalon, who is the Group Compliance Officer at SBM Offshore, based in Amsterdam, which provides floating production solutions to the offshore energy industry.
Lidia talks about her experience in growing a speak up culture and looking at three phases of speaking up observation, motivation and communication.  By focusing on the motivation phase, and what biases may move people to speak up – or choose not to speak up – and how to use this knowledge to encourage speaking up.
Lidia also talks about her experience with a recent joint venture in India – and how an Amsterdam and Europe-based company has started to build a culturally sensitive ethics and compliance programs while staying true to the values that are critical.
She also provides some practical tips about growing a strong speak-up culture, particularly in Europe, as well as about her JV experience.
As we go into a new year, we take the time to plan ahead and strategically think about our professional goals. In Lisa and Mary’s case it’s a time to reflect on the previous year of podcast episodes and direct our thoughts to what we wish to achieve for the Great Women in Compliance podcast in the year ahead to best benefit our audience.  As always, we welcome your thoughts to inform this process.  Is there anything you want to see more of, you think we should stop doing or start doing?  If so, we’re all ears.  We strongly believe that when you stop accepting feedback, you stop developing so we make a conscious effort to seek feedback that not only helps give our listeners what they want, but also helps us become better at our labor of love hobby, making podcasts!  Wishing all of our listeners a very happy and prosperous new year ahead.
Join the Great Women in Compliance community on LinkedIn here.

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Compliance Into the Weeds

Episode 149- Operational Resiliency

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 and I go into the weeds about operational resiliency.
Some of the highlights include:

  • What is operational resiliency?
  • Why is technology so critical in this area?
  • What is the intersection of operational resiliency and compliance?
  • Should compliance and risk management be merged?
  • From the headlines (1)-What did the Fed say?
  • From the headlines (2) moving past financial services-Virtual Care Provider.
  • What does all this mean for compliance professionals going forward?

Resources
Matt’s blog posts, both on Radical Compliance.
Compliance Role in Operational Resiliency,
Operational Resiliency Part II

Categories
Innovation in Compliance

Compliance Technology As A Value Center with Brandon Daniels


Brandon Daniels, President of Global Technology Markets at Exiger, joins Tom Fox for this week’s episode of Innovation In Compliance, to chat about how technology is leading the compliance discussion. Exiger develops technology solutions in the compliance space.
Listen To The Episode:

Third Party Risk Management
Tom notes that the market has recognized the need for more robust management of third party risk. Brandon agrees that more people are recognizing that third party risk can define their organizations. Revised federal guidelines underscore the importance of embedding third party risk management into organizations. This isn’t a peripheral risk, Brandon points out. It’s the kind of risk that can destroy shareholder value, cause significant fines, and consume your brand. Tom adds that third party risk has always been the highest risk for a government intervention in terms of a violation. 
Education Is A Key First Step
The e-discovery industry is an example of how technology can become central to a company’s function. Twenty years ago e-discovery didn’t exist, but now it’s a central component of any litigation. E-discovery suppliers spent years educating the judiciary about the context, benefits and importance of electronic discovery. Brandon says that vendors in the compliance technology space should use the same model of educating their corporate clients about how their solutions can help to assess and manage third party risk. He says there are several solutions on the market, Exiger’s included, that can routinize and scale the diligence and transaction analysis processes. 
Vendors first need to help compliance professionals appreciate that technology solutions are defensible, auditable and transparent. Then they must help government understand that it’s very hard to implement good compliance procedures if they are not routinized or supported by technology. Making an investment in compliance automation technology is really an investment in sustainable third party risk management. Brandon posits that this is a time for education and collaboration across the triumvirate of companies, suppliers and government.
Technology As A Value Center
Tom says that business executives know that risk can be a public good if managed properly. He believes that if you use the technology tools Brandon described, risk can also be a competitive advantage. Brandon agrees wholeheartedly. He comments that they advise their clients to treat reputational risk as a metric that can help them make smart investment decisions. By analyzing the risk metric of an industry you can determine whether you or the companies you’re looking to acquire, have appropriate mitigating controls. You can also improve your own controls so that you can make investments in emerging markets with high growth potential but also high-risk potential. Technology thus changes the compliance function from a cost center into a potential value center.
Resources
Brandon Daniels on LinkedIn
 

Categories
Daily Compliance News

December 3, 2019, the Boustani Acquited edition

In today’s edition of Daily Compliance News:

  • Boustani Acquitted In $2B Mozambique Loan Fraud Case. (Law360)
  • Malta PM in hot water over handling of journalists murder investigation. (FT)
  • Business jargon gets in the way of business. (FT)
  • Corruption in Namibia fishing industry? (AL Jazeera)
Categories
FCPA Compliance Report

Executives at Risk Report Summer/Fall 2019

In this episode I visit with Lauren Briggerman, Member at Miller & Chevalier and Katherine Pappas, Counsel at Miller & Chevalier about the firm’s most recent edition of the publication Executives at Risk, the Summer/Fall 2019 edition. Some of the highlights include:
What is the publication “Executives at Risk”?
What were some of the noteworthy Investigations covered in the report?
Pharma Executives Charged in Second Criminal Case Involving Improper Opioid Sales. a.Are more executives in danger from the ongoing opioid trials and enforcement actions? b.What are some of the Cartel issues covered in the report?
Two Foreign Shipping Executives Charged in Ongoing Ocean Cargo Shipping Cartel Scheme. a. Why do executives need to be concerned with this Administration’s trade sanction policy?
There was one significant criminal trade secret case as a former Uber executive was charged with Trade Secrets Theft from Google. These matters are usually civil matters. Why is this case a criminal matter?
We consider the extradition matter involving a Société Générale banker living in France deemed a fugitive by U.S. Judge. What does this mean for non-US executives?
We visit about the policy developments from the DOJ-the Evaluation of Corporate Compliance Programs. I ask, what is its significant for Executives?
Resource
Executives at Risk-Summer/Fall 2019 Edition

Categories
Daily Compliance News

December 2, 2019, the Will Corruption Kill Off Venice edition

In today’s edition of Daily Compliance News:

  • Tesla, market research and risk management. (WSJ)
  • Is climate change a business risk, business opportunity or both? (Washington Post)
  • Whither Hong Kong as global hub? (NYT)
  • Will corruption finally kill off Venice? (FT)
Categories
FCPA Compliance Report

Mikhail Gordon on Aspects of Monitorships: Part 5, Evolution of Situations Requiring Monitors

In this special five-part podcast series, I have been joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. We have discussed various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships. and the continuing evolution in monitorships. Today, in this concluding Part 5, we consider the continuing evolution in monitorships. Some of the highlights include:
·       There is growth in monitoring entities that have violated data privacy laws, either because they have suffered a data breach, or have misused data they control.
·       Can you elaborate on data privacy and monitoring?
·       Can you tell us how monitorships fall into different categories based on the type of remediation effort the monitorship is meant to achieve?
·       How should companies prepare for a monitorship?
·       Does AMI take on pro-active monitorships?

Categories
FCPA Compliance Report

Mikhail Gordon on Aspects of Monitorships: Part 4, Cultural Differences in Int’l and Domestic US Monitorships

In this special five-part podcast series, I am joined by Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI) the sponsor of this podcast series. In this series we discuss various aspects of monitorships, including why independence matters, the American Bar Association’s (ABA) Guidelines on Monitors, Gordon’s professorial career at the International Anti-Corruption Academy, cultural differences between international and US domestic monitorships and the continuing evolution in monitorships. In Part 4, we consider the cultural differences between international and US domestic monitorships. Highlights include:
·       How do cultural differences and legal process affect the structures a monitorship of an entity or individuals?
·       Differences between US and other countries related to dealing with Corporations and Individuals?
·       Why are cultural considerations important for a monitor working with multi-nationals?
·       How does working with foreign regulators impact the consideration for a monitor?