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31 Days to More Effective Compliance Programs

Skills for Innovating in Compliance


Innovation in compliance is one of my passions for every Chief Compliance Officer (CCO) and compliance practitioner. So much so that I dedicate an entire podcast series to the topic, aptly named Innovation in Compliance. I was therefore intrigued with a recent Harvard Business Review (HBR) article, entitled What Kind of Chief Innovation Officer Does Your Company Need?, by Darko Lovric and Greig Schneider. They developed six-character types for innovators, which I have adapted for the different skills set a CCO might need to create innovation in compliance.

  1. Research skills – research skills allow folks to come up with new ideas and garner insights from large amounts of data.
  2. Engineering Skills – Engineering skills are used to build something that works, as in now.
  3. Investor skills- investors see innovation as the means to an end, and that end is growth.
  4. Advocacy skills – Advocacy skills help to deliver something new for the end user.
  5. Motivational skills- motivational skills in innovation but the authors found they work to unleash the employees’ imaginations.
  6. Organizational skills– Organizational skills are the true process focused skill set, focusing on extents like key performance indicators (KPIs), metrics, and stage gates.

While you may not find one person with all of those skills, by identifying them a CCO might be able to bring a range of skills to an innovation project. Further, by tempering some of the more extreme aspects of each skill set by partnering it with a countervailing skill set, a CCO can bring a much more robust response to innovating. Also remember that innovation in compliance does not necessarily require a high cost of entry. You can innovate by looking to process improvement and moving outwards.
Three key takeaways:

  1. Do you have an innovation expert in your compliance team?
  2. What skills do compliance professionals have that lend themselves to innovation.
  3. Think about broadening out your compliance reach through innovation.

For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit this month’s sponsor Affiliated Monitors at www.affiliatedmonitors.com.

Categories
Great Women in Compliance

Beth Colling: The Public Speaking Guru


Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley. In episode 53 of the Great Women in Compliance Podcast, we speak with Beth Colling, the Chief Compliance Officer of CDM Smith, a global engineering and construction company.
In this packed episode we ruminate about several topics including the false sense of security low risk countries can provide, keeping up with an exercise routine as a busy professional and hear what it’s like for an executive to shuttle between two different cities regularly – Beth’s home base is in Charlotte and CDM Smith is headquartered in Boston – Beth lives in both cities!
Beth’s reputation as a popular and engaging public speaker precedes her – she is one of the best of the best. If you see her on a conference agenda, you will not regret going to her session. In light of that we asked Beth for her public speaking and presentation secrets to help you in your next Compliance training or conference presentation.
Have you entered our contest to win a complimentary registration at Compliance Week’s annual conference yet? If not, head over to our LinkedIn page, you can find it by searching Great Women in Compliance Podcast Community, scroll down for the post on the contest and comment with your biggest takeaway from listening to the podcast. It’s as easy as that! Entries close on 12 March 2020 so get yours in now!
Join the Great Women in Compliance community on LinkedIn here.

Categories
Compliance Into the Weeds

Cardinal Health FCPA Enforcement Action


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 we take a deep dive into Cardinal Health FCPA enforcement action brought by the SEC. Some of the highlights include:

  • What is the background to the matter?
  • How did a Chinese acquisition cause so much FCPA grief?
  • What were the types of business relationships involved?
  • How did the corporate office respond?
  • What red flags were spotted or missed?
  • Why didn’t the corporate office take stronger action?
  • What was the SEC’s response in the fine and penalty phase?

Resources
Matt Kelly blog post, Cardinal Health Pays $8.8 Million on FCPA Issues
Tom Fox blog post, Cardinal Health FCPA Enforcement Action: High Risk Business Relationships

Categories
Daily Compliance News

March 4, 2020, the Herbalife edition


In today’s edition of Daily Compliance News:

  • Herbalife reserves $40MM for FCPA settlement. (WSJ)
  • Was US Gymnastics one big scam? (WSJ)
  • Trump wants to lift ban on transporting LNG by train, putting every city, town and hamlet at risk. (Washington Post)
  • Banks claims that with coronavirus they need less regulation. (Washington Post)
Categories
EMBARGOED!

Embargoed! Episode 2: Enforcement-palooza!

In this episode, we break down the most interesting enforcement actions of the past few months, including Exxon Mobil v. OFAC, the ITAR side of the Airbus DPA, and a series of recent OFAC settlements. Plus: The Lightning Round features bite-sized helpings of North Korea and Cuba with a side of Huawei.

Like what you hear? Please subscribe! * Apple Podcasts Spotify *  Amazon Music  * Google Podcasts * Stitcher
Questions? Contact us at podcasts@milchev.com.
EMBARGOED! is not intended and cannot be relied on as legal advice; the content only reflects the thoughts and opinions of its hosts.
EMBARGOED! is intelligent talk about sanctions, export controls, and all things international trade for trade nerds and normal human beings alike, hosted by Miller & Chevalier Members Brian Fleming and Tim O’Toole. Each episode will feature deep thoughts and hot takes about the latest headline-grabbing developments in this area of the law, as well as some below-the-radar items to keep an eye on. Subscribe for new bi-weekly episodes so you don’t miss out!
Timestamps:
0:10 Introduction
The Rundown:
1:40 Exxon Mobil v. OFAC
16:53 Airbus Resolution of AECA/ITAR Charges
31:20 Park Strategies OFAC Settlement
36:05 Allianz/Chubb OFAC Settlement
40:42 Eagle Shipping/Burma OFAC Settlement
45:28 Lightning Round!:
45:49 Charges for DPRK Crypto Conference (U.S. v. Virgil Griffith)
49:02 Melia Hotels International/Gabriel Escarrer – U.S. Travel Ban
51:57 Extradition of Huawei CFO, Meng Wanzhou
56:05 Final Thoughts
***Stay sanctions free.***

Categories
31 Days to More Effective Compliance Programs

Welcome to ComTech


What will be the role of AI in compliance going forward? LawTech disrupted the legal profession and reshaped many areas of private practice. I believe there will is a nascent ComTech industry lurking down the road with multiple implications for the compliance function.Obviously, document review is one area where ComTech would be most useful. There are many companies which provide key word searches and these same concepts translate readily into the compliance world through massive database searches for key words, such as an ongoing review through email sweeps. There is yet another set of AI tools that can review contracts to see if any specific types of clauses are non-standard.
Soon compliance will be pushed more to the forefront in AML. AI will allow a more robust KYC approach. Another area where compliance is often left behind is in the arena of M&A. AI can help in this area. There are companies which have software that allows thousands of documents to be reviewed in the M&A context. A prime example of where AI can assist the compliance function is with third-parties in supply chain management.
There have always been technological innovations which help make compliance disciplines run more efficiently, more smoothly and more profitably. AI is simply another step in this line of technological developments. There is certainly no reason to be afraid of using it. Given the disruption which has impacted the legal profession through LawTech; disruption is not far behind in the compliance world through ComTech.
 Three key takeaways:

  1. AI has already disrupted the legal profession; the compliance profession will be next. ComTech will be the result.
  2. Document review will be the first area of significant AI use in compliance.
  3. Beware the limitations and disadvantages of ComTech.

For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit this month’s sponsor Affiliated Monitors at www.affiliatedmonitors.com.
 

Categories
Innovation in Compliance

Coronavirus Risk Exposure with Ben Locwin


Ben Locwin chats with Tom Fox about COVID-19 and the risk management issues associated with the disease in this week’s Innovation In Compliance show. 

What is Coronavirus?
Ben says that coronaviruses have been around for a long time. During flu season, about 10% of patients with upper respiratory symptoms test positive for a type of coronavirus. The epicenter of the outbreak of this particular strain of the coronavirus is Wuhan, China, and there seems to be some correlation with the open air markets there. Though it’s suspected that the virus may have crossed from animals to humans, the nexus of the disease is unknown. He goes on to explain how the virus got its name and how it affects human cells.
Symptoms and Spread
Tom asks about the symptoms of the coronavirus (officially called COVID-19) and how it spreads. Symptoms, Ben says, include respiratory symptoms similar to a chest cold, such as coughing, having trouble breathing, and fever in more severe cases. In a relatively few cases, patients experience organ failure and septic shock and other serious issues, including death. Ben explains that this particular coronavirus spreads through aerosolized droplet infection: when an infected person coughs or sneezes in a public place, fine particulates of saliva and mucus are introduced into the air. Anyone there can inhale these particles and contract the disease. They can start experiencing symptoms within 2 to 14 days.
Common Sense Prevention
Ben comments on the stigma associated with COVID-19. While travel restrictions and other such responses make good sense, he points out that the outbreak of the virus is not yet a pandemic. If you’re experiencing upper respiratory symptoms, see your healthcare provider right away to have a test done. Your sample will be sent to the CDC for testing to determine if you have COVID-19. He advocates common sense prevention measures, the most important of which is hand hygiene: wash your hands regularly. When you’re in a public place try not to touch your eyes, nose or mouth and don’t touch food without washing your hands first. Face masks may also be useful. If you feel ill, stay at home, he advises.
Smart Risk Management Practices
Tom comments that many businesses are struggling with how to manage the risk associated with the disease. He asks Ben to give some advice in this regard. Ben responds that companies should take a smart approach. While you shouldn’t start panic buying and selling, and cease all travel, you should certainly limit non-essential travel whenever possible. “That’s just essentially limiting our exposure to risk,” he says. Tom adds that there are a number of modern communication tools that can be used instead of traveling to meetings. It’s sad that it takes situations like this to force companies to examine their business operations, Ben comments. However, by cutting out non-critical practices, businesses not only limit their risk exposure, but it also allows them to employ operational excellence.
Resources
CDC.gov/Coronavirus

Categories
Daily Compliance News

March 3, 2020, the Devil’s Advocate edition


In today’s edition of Daily Compliance News:

  • Deutsche Bank red flag raises issues. (FT)
  • VW hires ‘the devil’s advocate’. (FT)
  • Will coronavirus change the ways businesses work? (FT)
  • How coronavirus is negatively impacting one energy sector-LNG. (FT)
Categories
31 Days to More Effective Compliance Programs

Innovation strategy for your compliance program


In this chapter, we will consider innovation in compliance from a variety of angles including artificial intelligence (AI) and computer technology (ComTech), structural innovations, tools and tactics and innovation in leadership. This will provide you a number of solid ideas you can use to move your compliance program forward. Begin by considering the starting point, which is an innovation strategy. In the most recent DPAs and NPAs issued by the DOJ they all include an element along the following strictures:
The Company will conduct periodic reviews and testing of its anti-corruption compliance code, policies, and procedures designed to evaluate and improve their effectiveness in preventing and detecting violations of anti-corruption laws and the Company’s anti-corruption code, policies, and procedures, taking into account relevant developments in the field and evolving international and industry standards.
This means that the DOJ expects innovation in your compliance program to keep up with evolving international and industry standards. This requires you to implement an innovation strategy.
Three key takeaways:

  1. Both the DOJ and SEC expect innovation in your compliance program.
  2. Innovation in compliance should have a strategy going forward.
  3. The key is to demonstrate how the compliance innovation will benefit the business going forward.

For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit this month’s sponsor Affiliated Monitors at www.affiliatedmonitors.com.
 

Categories
FCPA Compliance Report

Erica Salmon Byrne on Ethisphere’s 2020 WME Honorees


In the Episode, I visit with Erica Salmon Byrne, EVP at Ethisphere, Governance and Compliance and Chair of the Business Ethics Leadership Alliance. In this podcast we discuss Ethisphere’s 2020 World’s Most Ethical company honorees. Some of the highlights include:

  • What was the Ethical Premium for 2020 honorees?
  • The number of companies and the number of countries represented on this year’s list of honorees.
  • What is the Ethisphere’s Ethics Quotient and how does it help assess companies?
  • Why is the application process so rigorous?
  • Join Ethisphere to celebrate the 2020 WME companies at the Gala Dinner on March 31.

Resources
2020 World’s Most Ethical Companies® Honoree List
Ethisphere Press Release on 2020 WME awards
Letter from Ethisphere President Tim Erblich on 2020 WME awards
The Ethics Premium for 2020
Information on Ethisphere’s Gala Dinner celebrating 2020 WME honorees