In today’s edition of Daily Compliance News:
Tom and Jay are awaiting their bookings to see the final installment in the 9-part series of the Star Wars saga. While waiting, they consider of this week’s top compliance and ethics stories which caught their collective eyes.
1. Tim Leissner settles with the SEC. Dick Cassin. Tom takes a deep dive in the FCPA Ethics and Compliance blog.
2. Aly McDevitt with two great articles on talks at CW Third Party Conference.
3. Mexico getting serious about fighting corruption. Luis Dantón Martínez Corres in the FCPA Blog.
4. Culture lessons from Coca Cola. Gary Patterson and Robert Baker in CCI.
5. Jay looks at the expansion of the corporate integrity monitor, in CCI.
6. Cyber enforcement and FTC expectations. Avi Gesser and Molly O’Malley Clarke in NYU’s Compliance and Enforcement blog.
7. What is the intersection of corp oversight and disobidience? Elizabeth Pollman in the Harvard Law School Forum on Corporate Governance.
8. How and why should you manage your corp culture? Jim DeLoach in CCI.
9. New DOJ Cooperation Policy on Trade Sanctions and Export Control. Matt Kelly in Radical Compliance.
10. Insurance to protect you from populism? Liam Fitzpatrick on the D&O Diary.
11. On the Compliance Podcast Network, Tom and Jay celebrate the opening of The Rise of Skywalker with a five part podcast series on the intersection of Star Wars (IV-VIII) and compliance. In Part 1, A New Hope and Risk; in Part 2, The Empire Strikes Back and Due Diligence; in Part 3, The Return of the Jedi and Effective Training; in Part 4, The Force Awakens and Disruption in Compliance and in Part 5, The Last Jedi and BOD Role in Succession.
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.
Board’s ability to “refresh itself on a regular basis can help ensure it maintains a proper mix of experience and expertise to meet the organization’s current and long term needs.” While noting that there is no ‘one-size-fits-all-approach’ to succession planning, you should have a plan.
- Examine the key corporate documents. The director nomination policy and any relevant policies setting out the appropriate protocols and procedures.
- Use an assessment framework. Base your criteria on organization needs and director performance.
- Conduct due diligence. Conduct an executive level due diligence background investigation.
- Maintain a pipeline. Maintain a pipeline of qualified candidates.
- Assess Board policies. Every Board should assess all policies around succession on a regular basis.
- Disclose your succession strategy. Both a large number of institutional investors and good corporate governance advocates suggest that companies disclose their Board of Director succession strategies. It provides greater transparency to stakeholders.
- Benchmark your succession strategy. Benchmark your succession strategy.
I turn the tables on Richard Lummis this week as I interview him on the recent bestseller Super Pumped-the Battle for Uber by Mike Issac. Highlights of this podcast include:
- What were Kalanick’s leader failures?
- How did Trump’s first Muslim ban negatively impact Uber and start Kalanick’s downfall?
- What was the role of the Susan Fowler blog in the downfall of Kalanick
- What was the role of the Board and what were the Board missteps?
- What were the structural issues around stock ownership and how did they negatively impact corporate governance?
- Does Uber have a valid business model going forward?
- What is disruption and why can it be so powerful?
In today’s edition of Daily Compliance News:
Amanda and Chris discuss social media policies and postings in this fun-size episode of ComplianceLIVE!
Listen to the episode:
Click to receive the The 2019 Electronic Communications Compliance Survey:
https://www.smarsh.com/2019-electronic-communications-compliance-survey
Check out more episodes and full episode videos at ComplianceLine.com, and don’t forget to subscribe on your favorite podcast platform!
https://www.smarsh.com/2019-electronic-communications-compliance-survey
Check out more episodes and full episode videos at ComplianceLine.com, and don’t forget to subscribe on your favorite podcast platform!
Cailyn and Amanda sit down with Nick and Gio Gallo, ComplianceLine co-CEOs and Chief Servants, for a quaint chat about their history, their company, and their American Dream. The views expressed on ComplianceLIVE are those of the hosts and guests, and may not necessarily reflect the policies or positions of CompianceLine, LLC. Well, Cailyn’s views could probably be considered accurate, but Amanda’s views can only be seen as passable at best bordering into wildly inaccurate.
Listen to the Episode:
Check out more episodes and full episode videos at ComplianceLine.com, and don’t forget to subscribe on your favorite podcast platform!
Welcome to the only roundtable podcast in compliance. Today, we close out the year with Part 2 of a two-part series on our fan favorite year-end wrap up on the state of compliance under the Trump Administration. We have been following this topic since Trump was elected in 2016 and it one of the most anticipated podcast releases for the year. Today, we have a triple serving of Sarah Hadden, Jonathan Armstrong and Mike Volkov with a potpourri of topics. Rants and shouts outs follow the commentary for this episode.
- Mike Volkov reviews the FCPA enforcement year. Volkov shouts out to the Justice Department’s FCPA trial team which secured several guilty verdicts at year’s end in individual prosecutions under the FCPA.
- Jonathan Armstrong discusses the year in antibribery enforcement from the UK perspective by reviewing the SFO’s successes and failures. Armstrong shouts out to Sir Rod Stewart for a compliance related project.
- Sarah Hadden takes a look back over her first year as CCI Publisher and highlights some of the top features, stories, news items and new voices in compliance. She shouts out to James Bone and Columbia University’s risk management survey.
Resources:
Participate in the Columbia University risk management project headed by James Bone, here.
The members of the Everything Compliance 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 –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
- Sarah Hadden –Publisher at Corporate Compliance Insights. Hadden can be reached at Sarah@corporatecomplianceinsights.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.
Welcome to the Day 4 of the five-day podcast series Jay Rosen and I are producing in honor of the latest Star Wars movie The Rise of Skywalker. Each day over this week, Jay and I will review a Star Wars movie and discuss it from the compliance perspective. Today, we consider Episode VII, The Force Awakens and disruption in compliance.
Today we consider Episode VII – The Force Awakens. It was the first one not created by LucasFilms, as George Lucas had sold his company to Disney. It was directed by JJ Abrams and told the story of the Star Wars universe some 30 years after the destruction of the last Death Star. It is this disruptive nature of the Star Wars franchise that I will focus on today as it relates to disruption innovation in compliance.
The film introduced several new characters: Rey, Finn and Poe Dameron, Kylo Ren and the First Order, a successor to the Galactic Empire. The film was largely one giant search for Luke Skywalker who had gone into isolation after his failure to re-establish the Jedi order. In addition to introducing the new characters, we are reunited with Han, Chewbacca and Princess Leia, who is now General Leia Organa. The First Order has developed new weapon, Starkiller, a deliciously worthy successor to the Death Star; the Rebel Alliance majorly disrupts the weapon and the First Order by destroying it, in the film’s climactic battle.
Compliance is a process. Compliance programs should evolve as business risks change. Just as disruptive innovation tends to focus on process, your compliance program should focus on your overall business process to be successful.
Compliance 3.0 is very different from compliance programs of the past decade. Compliance is moving from a solutions shop where all compliance functions are centered in the legal or compliance department to a process function where the front-line business team can use technology and other tools to operationalize compliance. The 2017 Evaluation of Corporate Compliance Programs focused on how well a company operationalizes compliance into the business functions. The authors point to new business models as disruptive and I think this concept translates into how compliance can be burned into the DNA of an organization rather than simply sitting in the corporate office in the US.
Not all disruptive innovations succeed as disruption is only one step in both the creative and growth process. The key concept are the three goals of any compliance program; to prevent, find and fix issues. This is how compliance differs from legal, whose job is to protect the company; from compliance whose mission is to monitor, obtain the data and then use the data as a feedback loop back into the company.
As many compliance practitioners are lawyers, we are naturally reticent to embrace such change, however I think the pronouncements of the DOJ throughout the year have made even clearer the need for continued evolution of anti-corruption compliance going forward. In The Force Awakens, there were numerous disruptions. We saw the death of one of the most beloved characters in the series, Han Solo, the growing awareness by Rey of her powers and the return of Luke Skywalker. It totally disrupted the First Order and destroyed its most lethal weapon.
Join us tomorrow where we consider The Last Jedi and the Board’s role in succession.
If you want your employees to perform better–I’ve got two tools for you in this episode. This is Part 2 of our discussion on best-leading remote employees in today’s workforce.
Remember, remote employees are not a thing of the future, it’s a reality leaders must realize today. In this episode, my business partner, Phil Van Hooser, is joining me once again. This time we are digging deeper into best managing expectations and results from your remote employees. While our focus is on remote employees, the discussion within this episode can directly relate to in-office employees as well.
As a leader, YOU control your leadership success. Tune in for real-talk about how to lead well in this new environment of remote workers.
Your critical incident file (details in the episode) is HERE.
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If your business would benefit from higher-performing leaders, check out more information about the comprehensive leadership development training I do HERE.
If you want to reach out to me directly, email alyson@vanhooser.com.
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