Categories
This Week in FCPA

Episode 180 – the Hoskins is Guilty edition

The fallout from the Hoskins guilty verdict still resonates. Tom and Jay reflect upon it, what it means to play by the rules and then turn to some other of this week’s top compliance and ethics stories which caught their collective eyes.

  1. Hoskins found guility. Dylan Tokar reports in WSJ. Dick Cassin the FCPA Blog. Tom and Mike Volkov consider in the FCPA Compliance Report. How the verdict bolsters the DOJ, in GIR.
  2. Astros accused by ex-player of cheating in 2017 Championship season. David Schonenfield breaks down sign-stealing in com. Michael Rosenberg reports in Si.com. Buster Olney says the Astros cannot be trusted to investigation themselves, in ESPN.com. Tom weighs in on the FCPA Compliance and Ethics Blog.
  3. How do you balance perception based culture with fact based compliance? Anna Romberg in Navex Global’s Ethics & Compliance Matters blog.
  4. Twists and turns in the Cognizant case. Bill Wichert in Law360. (sub req’d)
  5. What can WeWork teach us about private company compliance. Erica Salmon Byrne in the FCPA Blog.
  6. A Guidebook to Corporate Governance, on Forum on Corporate Governance.
  7. Deutsche Bank whistleblower loses appeal. Jon Hill in Law360. (sub req’d)
  8. Why do you need oversight of merged companies? Jay explores in his continuing series on CCI.
  9. TRACE corruption ratings for 2019 are out. Matt Kelly reviews in Radical Compliance.
  10. Is FCPA enforcement inconsistent? Three lawyers from Bass, Berry say yes in CCI.
  11. Take a deep dive into SEC 2018/9 enforcement numbers. Cleary Gottlieb lawyers on NYU’sCompliance and Enforcement Blog.
  12. The Compliance Kitchen, a podcast hosted by Silvia Surman, premiers on the Compliance Podcast Network.

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.

Categories
The Walden Pond

Legal Trends in Artificial Intelligence with Lee Tiedrich


Vince Walden welcomes Lee Tiedrich to the Walden Pond podcast this week. Lee is a partner at Covington and Burling where she co-chairs the firm’s global and multidisciplinary artificial intelligence (AI) practice. AI is at the intersection of law and technology, she says. The technology is growing faster than the law, and Covington helps clients navigate the evolving legal landscape so they can capitalize on the opportunities presented by AI. Other aspects of their work include product counseling, advising clients how to improve their operational efficiency using AI, and advising clients about how to adapt their business based on the policy landscape.
Listen to the episode now:

What is AI?
Lee defines AI as using computing to automate, imitate or emulate human behavior. There are three key components to AI, algorithms and code, data, and hardware. Advancement in digital and hardware technology is greatly responsible for the enthusiasm for AI in the market. Lee predicts that the adoption and development of AI will continue to grow. 
Compliance Professionals Need to Know
If you’re using AI or planning to, you should be aware of the key issues and policy developments, especially in your jurisdiction. The policy landscape is evolving rapidly. If AI is relevant to your business, become informed of where the policy is going and think about how that impacts your business and what type of changes you might need to make to your operations. Another issue that’s relevant to compliance professionals is how to make AI trustworthy to enjoy its benefits while mitigating against unintended harms. Lee says that governance is an effective tool to help manage the data, development, and deployment of AI. Given the rapidly evolving landscape and the growing interest in AI, organizations should dedicate some resources to understanding the AI legal landscape.
Resources
InsideTechMedia.com
Law 360 article: The 10 Best Practices For Due Diligence in AI Transactions 

Categories
12 O’Clock High-a podcast on business leadership

Evaluating Leadership Conduct

Richard Lummis is on assignment this week so I take this week’s episode solo to discuss how you can begin to evaluate a leader’s conduct around not simply compliance and ethics but also how a leader can improve culture. Highlights of this podcast include:

  1. The DOJ wants to see more evidence of leadership.
  2. How can a leader use current events to lead culture?
  3. What messages can a CEO push out around culture?
  4. A leader should be an ambassador of compliance, ethics and culture.
Categories
Daily Compliance News

November 14, 2019, the Astros Caught Cheating edition

In today’s edition of Daily Compliance News:

  • McDermott doesn’t bother to tell lenders it was under SEC investigation. (WSJ)
  • Astros accused of cheating. Why MLB must step in? (ESPN.com)
  • USOPC President tells Congress they can’t engage in oversight. Good luck with that. (WSJ)
  • Merkel says Europe must seize its data back from Silicon Valley. (FT)
Categories
Great Women in Compliance

Episode 40-Renata Moreti, on Curating an Amazing Ethics and Compliance Program by Using Outside Interest and Experiences

Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley. In this episode of #GWIC, Lisa speaks with Renata Moreti, Head of Controls, Compliance and Ethics for Diageo in Peru, Ecuador, Bolivia, Argentina and Chile.  Renata has had a varied career in ethics and compliance, and has been based primarily in Brazil and Chile, with a short time in Madrid.   When Renata moved to Chile, she wanted to take her understanding of wine to a new level and became so passionate about what she was learning that she became a sommelier…as well as working with sommeliers to be aware of ethics and compliance requirements.

Renata talks about how following her passion for wine outside her ethics and compliance life enhanced her professional work – how to amaze employees with ethics and compliance trainings and knowledge as she does with wine and food experiences.  She also discusses her experiences being based in South America and including trainings that have worked for her and also best practices for those who work with South America and are based in other places.

And, just in time for the holidays, she has provided some information about Chilean wines and a link to her Instagram page: @bomdiaframbuesa

If you enjoy this episode or the podcast generally, please rate this podcast in your favorite podcast player where you can find this discussion with Renata and all of our other episodes.

Join the Great Women in Compliance community on LinkedIn here.

Categories
Compliance Into the Weeds

Procurement Collusion Strike Force

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 the recent DOJ announcement of the Procurement Collusion Strike Force (PCSF).  Some of the highlights include.
Some of the highlights include:

  • Why was the PCSF created?
  • What will it focus on?
  • Why does the funding (or lack thereof) matter?
  • What do the twin DOJ announcements of the PCFS portend?
  • Why are analytics more critical for compliance going forward?
  • What are procurement red flags?
  • What does all this mean for compliance professionals going forward?

Resources
Matt’s blog post, Brace for Procurement Compliance, on Radical Compliance.
DOJ Press Release on PCSF
PCSF website

Categories
Compliance Kitchen

Into the Compliance Kitchen-DOJ Settlement, South Korean steel imports and more

Welcome to the Compliance Kitchen. Host Silvia Surman created it for those who want to “see what’s cooking” in the never-boring worlds of corporate compliance, white collar crime and global trade. We hope that our selection of topics will be of interest and that official resources will be easier to locate. We also hope that you will feel comfortable in the Kitchen and read on, finding it enjoyable. In today’s episode Silvia catches up recent developments and news in the area of trade sanctions. We touch on two DOJ settlements, a new South Korean steel exports requirement and an annual report of US services exports.
Additional Resources
ComplianceKitchen.com
Just for the record, nothing in the Kitchen is to be considered a legal or professional advice and you may not use our information as such.

Categories
Daily Compliance News

November 13, 2019, the CEOs Discover Trust edition

In today’s edition of Daily Compliance News:

  • SW company discloses possible trade sanction violations. (WSJ)
  • Is Softbank a giant bait and switch operation? (NYT)
  • Leaders looking at trust. Who knew it was so critical? (NYT)
  • The ‘Virtual Boardroom is in academia. Can reality be far behind? (Washington Post)
Categories
Compliance Kitchen

Introduction to the Compliance Kitchen

In this introductory episode, Compliance Kitchen host Silvia Surnam welcomes you to “See What’s Cooking” in the Compliance Kitchen. The Compliance Kitchen was launched after many moons of texts, calls, chats and coffee outings that went something like this:

  • Hey, can my friend call you to see what you think about the Russia and Iran sanctions?  
  • Where would you find support for that export license requirement? Can I call you?
  • Do you have a minute? This compliance lawyer told me that an Executive Order is a suggestion of what a law could be, not an actual law. Is that true?  
  • So if we are not a US company, we can trade with Cuba, right?
  • What are secondary sanctions? 
  • Say, any chance you would know if facilitation payment was more specifically set (dollar amount, for example) in Mexican anti-corruption law?  
  • What’s a UBO?  
  • This GDPR thing, that’s just for Europe, right? And we are Safe Harbor certified, so it doesn’t even apply to us – can we chat?
  • At a coffee shop one morning: So, what’s cooking in compliance today?  

And so the Compliance Kitchen was born.  It is here for those who want to “see what’s cooking” in the never-boring worlds of corporate compliance, white collar crime and global trade. We hope that our selection of topics will be of interest and that official resources will be easier to locate. We also hope that you will feel comfortable in the Compliance Kitchen and read on, finding it enjoyable.

Categories
Innovation in Compliance

Why You Need an Executive Coach, a Conversation with With Jeff Nally


Compliance is widely seen as black and white, but this week’s guest argues that there is a lot of thinking, decision making and ways to innovate inside the compliance space. Jeff Nally is an executive coach who has spent the last fourteen years using neuroscience to help business leaders think differently, make better decisions, and spark ideas, innovation and insight in others.
Listen to the episode now:

Jeff’s Approach to Coaching
Tom comments that using a brain-based approach seems antithetical to what lawyers generally do. He asks Jeff to describe his coaching method. Jeff replies that he’s not coaching around expertise; rather, he’s helping spark new ideas and innovations in their brains. A compliance issue could have multiple approaches. He’s teaching professionals to be better leaders, as well as how to ask thoughtful, reflective questions.
How to Know If Coaching is Right For You
Jeff says you should consider retaining a coach after you’ve maximized all the other training, development and leadership resources available to you, and you have stretch goals that you still need to achieve. A coach can help you make the changes you need to reach your goals. In addition, when you want to move to a higher level, the actions that brought you success in the past may not be the same things you’ll need to do to move ahead. Coaching can accelerate your growth to meet those new challenges. Jeff describes the coaching packages his company offers.
Breaking Down Silos and Convincing Management
Tom asks, Can an executive coach help a compliance practitioner think through having to break down silos within an organization? Yes, Jeff responds, and in addition to breaking down the silos, it’s all about the compliance professional’s relationship with those different stakeholders. You should think of the silos as stakeholder groups, he advises. Think about how to communicate well with them and be open to listening. 
Convince your management that you need an executive coach by pointing out the difference between a coach and a consultant. A coach knows how to ask questions and spark your thinking, which is what you need to help you perform better as a compliance professional. Also, show them the positive impact coaching will have on you and the organization. Tom comments that the service Jeff provides makes the compliance practitioner or the executive more innovative. 
Resources
NallyGroup.com
Email: jeff@nallygroup.com