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Red Flags Rising

Red Flags Rising: S01 E29: Affiliates Rule Aftermath – Finding the Right Path Forward

Mike and Brent take an even deeper dive into the “Affiliates” or “50%” Rule announced by the Bureau of Industry & Security (BIS) on September 29, 2025. They identify several misperceptions in the public discussion, explain why they are misperceptions, and identify the pitfalls of operating under those misperceptions—especially in response to inquiries by BIS about pre-rule due diligence on affiliates of entities on the entity list. Specifically, they discuss why the Affiliates Rule is a close cousin to the Office of Foreign Assets Control’s own 50% rule, but why and how BIS’s Affiliates Rule serves different national security objectives and operates a bit differently (02:42); whether the Affiliates Rule brings new compliance burdens and, if so, risk-based due diligence strategies and likely questions from BIS regarding why (10:26); why in the current geopolitical context the benefit of local, boots-on-the-ground compliance might be overstated—or significantly discounted by the U.S. government—and what to do about it (16:18); why it would be a mistake to think that BIS is not today able to bring enforcement actions based on the Affiliate Rule, especially given their ability to bring enforcement actions on the “full” definition of knowledge to include “an awareness of a high probability” (19:26); and why it is dangerous to think of “knowledge” as only “actual knowledge,” and thereby misperceiving that the new Affiliates Rule—by reminding everyone that the catch-all provision under which the Entity List is promulgated is a strict-liability regulation, even as to awareness—has someone taken away a previously available “absence of actual knowledge” defense (23:00).

Mike and Brent then offer practical tips for applying for the license available under the Affiliates Rule for situations where the exporter, reexporter, or transferor is aware of “red flags” as to ownership that it cannot resolve through risk-based due diligence (28:20).

Mike and Brent then conclude with a special edition of Brent Carlson’s “Managing Up,” in which Brent offers some valuable self-reflection (34:58).

Resources:

More about Brent: www.redflagsrising.com

Contact Brent: brent@redflagsrising.com

Mike: https://www.linkedin.com/in/mhuneke/https://www.morganlewis.com/bios/michaelhuneke

Contact Mike: michael.huneke@morganlewis.com

BIS’s “Export Control Decision Tree”

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Compliance Tip of the Day

Compliance Tip of the Day – Compliance Lessons Uber

Welcome to “Compliance Tip of the Day,” the podcast that brings you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements. Whether you’re a seasoned compliance professional or just starting your journey, our goal is to provide you with bite-sized, actionable tips to help you stay ahead in your compliance efforts. Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law. Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

This week, we begin a look at how companies are utilizing AI in their business operations and draw compliance lessons from this use for compliance professionals. Today, we start with lessons from Uber.

For more information on this topic, refer to The Compliance Handbook: A Guide to Operationalizing Your Compliance Program, 6th edition, recently released by LexisNexis. It is available here.

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The Ethics Experts

Episode 231 – Norm Ashkenas

In this episode of The Ethics Experts, Nick welcomes Norm Ashkenas.

Norm Ashkenas is Chief Compliance Officer of Robinhood Markets, joining in 2020. He has been in the financial services industry for 30 years in a variety of legal and compliance roles, including as Chief Compliance Officer for large retail brokerage and investment advisory firms. Norm is a leader, committee member and frequent speaker for a number of industry and regulatory groups including SIFMA, FINRA, NSCP, FSDA and FMA. He holds a B.A. in European History & American Culture from Northwestern University, a J.D. from Fordham Law School, and FINRA Series 7, 14, 24, and 63 licenses.

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Daily Compliance News

Daily Compliance News: October 6, 2025, The Corny Capitalism Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News. All, from the Compliance Podcast Network. Each day, we consider four stories from the business world, including compliance, ethics, risk management, leadership, or general interest, relevant to the compliance professional.

Top stories include:

  • Saudi mega-construction project under ABC investigation. (Semafor)
  • PE and the ethics of drug research. (NYT)
  • $100MM wine fraud in NYC. (Bloomberg)
  • Crony capitalism and corruption. (NPR)
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FCPA Compliance Report

FCPA Compliance Report – Pat Poitevin on Transforming Corporate Compliance: Leveraging AI and Building Ethical Cultures

Join Tom Fox as he welcomes Pat Poitevin, a compliance veteran with extensive experience in enforcement, consulting, and academia. Pat shares his professional journey, beginning with his work at the Royal Canadian Mounted Police (RCMP), and discusses the importance of establishing strong ethics and compliance cultures within organizations. He emphasizes the role of AI in transforming compliance functions and enhancing the effectiveness of risk management. Pat also touches on the future of compliance, talent acquisition, and the impact of technology on business ethics. The conversation offers valuable insights for compliance professionals looking to refine their programs and align them with business strategies for sustained growth.

Key highlights:

  • Current Projects and Focus Areas
  • Building a Strong Ethics and Compliance Culture
  • Leveraging AI in Compliance
  • Compliance Strategies for Geopolitical and Technological Changes
  • Balancing Policies and Human Behavior
  • Future of Compliance and Technology

Resources 

Pat Poitevin

🔸 LinkedIn: Pat Poitevin

🔸 Consulting Firm: Active Compliance and Ethics Group (ACEG)

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

For more information on the use of AI in Compliance programs, my new book, Upping Your Game. You can purchase a copy of the book on Amazon.com

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AI Today in 5

AI Today in 5: October 6, 2025, The DOE Edition

Welcome to AI Today in 5, the newest edition to the Compliance Podcast Network. Each day, Tom Fox will bring you 5 stories about AI, so start your day, sit back, enjoy a cup of morning coffee, and listen in to the AI Today In 5, all from the Compliance Podcast Network. Each day, we consider four stories from the business world, compliance, ethics, risk management, leadership, or general interest related to AI.

Top AI stories include:

For more information on the use of AI in Compliance programs, my new book, Upping Your Game, is available. You can purchase a copy of the book on Amazon.com.

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Blog

Courageous Leadership in an Era of Disruption: Compliance Lessons from Brené Brown

The New York Times (NYT) recently published an interview with Brené Brown, best known for her TEDx Talk on “The Power of Vulnerability.”  Her TEDx Talk focused on individuals. Brown is now using those concepts as a basis for work in the corporate world. Many of the concepts she discussed in this interview directly apply to a Chief Compliance Officer (CCO) and corporate compliance function. In this article, I will summarize the key themes of Brown’s discussion and draw out five critical lessons for compliance professionals navigating today’s turbulent environment.

The world of corporate compliance does not exist in a vacuum. Every day, compliance professionals work within organizations facing extraordinary pressures: disruptive technologies, geopolitical instability, shifting marketplaces, and evolving workforce expectations. Against this backdrop, Brené Brown, renowned researcher on shame, vulnerability, and courage, has turned her attention to leadership in corporate, nonprofit, and even military contexts. Her latest reflections provide timely insights not just for executives, but for compliance professionals tasked with guiding organizations through uncertainty.

Brown’s message is clear: in moments of disruption, the quality of leadership matters more than ever. She challenges us to think about courage, vulnerability, and clarity not as “soft skills,” but as the very foundation of sustainable organizational performance. For the compliance professional, her work resonates deeply. After all, compliance is fundamentally about behavior, how people act under pressure, how they respond to risk, and how organizations foster cultures of accountability and trust.

The Pace of Change and the Trap of Fear

Brown describes today’s business climate as a “supercycle” of unprecedented change. Artificial intelligence, geopolitical instability, and economic volatility create a sense of scarcity, a nagging feeling that organizations lack sufficient time, resources, or talent to keep up. For compliance leaders, this context should feel familiar. When regulations shift overnight or enforcement priorities change, fear and reactive decision-making often follow.

Brown cautions against “action over impact,” where leaders rush to act without pausing to assess whether their actions are aligned with strategy. For compliance, this is the difference between a carefully calibrated monitoring program and a scattershot set of controls that look good on paper but fail in practice. Strategic urgency, not blind urgency, must guide the compliance function.

Courage, Accountability, and Human Leadership

At the heart of Brown’s research is the idea that courage, not technical expertise alone, is the limiting factor in organizational performance. Across industries, she found leaders struggling to have hard conversations, to hold others accountable, and to resist blame and shame.

For compliance, this insight hits home. We have all seen organizations where misconduct festers because leaders fear confrontation, or where accountability is deflected onto “bad apples” instead of being addressed systemically. Brown reminds us that courage means leaning into discomfort, whether that’s delivering difficult feedback, shutting down toxic behavior, or confronting senior leaders when ethical lines are at risk of being crossed.

Communication as a Compliance Tool

Brown describes good communication as rooted in clarity, discipline, and accountability. It requires vulnerability, honesty, and a willingness to tolerate discomfort. In her words, “A brave life is basically 15 hard conversations a day.” Compliance professionals should take note. Too often, compliance messages are dulled by legal jargon or buried in training modules that merely check the box without creating a genuine understanding. Effective compliance communication is not about volume, but clarity — stating expectations plainly, reinforcing them consistently, and holding both leaders and employees accountable when those expectations are not met.

When compliance officers avoid difficult conversations, whether with business leaders, employees, or regulators, they fail in their role as stewards of integrity.

Generational Shifts and the “Why” Question

Another theme Brown highlights is the growing demand from younger generations to understand the “why” behind organizational decisions. Gen Z, in particular, tends to resist following orders blindly. They ask questions, challenge assumptions, and expect transparency.

For compliance, this is an opportunity, not a threat. When employees ask “why,” they create space for dialogue about risk, ethics, and accountability. If handled well, these conversations can strengthen the compliance culture. If dismissed or ignored, however, they can morph into conflict and disengagement. Compliance professionals must equip themselves and their organizations with the skills to turn task conflict into innovation, rather than emotional conflict that fractures teams.

The Decline of Fear-Based Leadership

Brown pushes back against the notion that fear-driven leadership, exemplified by mass layoffs or authoritarian management, produces sustainable performance. Fear may yield quick results, but its shelf life is short. To maintain fear as a motivator, leaders must repeatedly demonstrate cruelty, which corrodes trust and drives talent away.

Compliance programs grounded in fear face the same limitation. Employees may comply out of fear of punishment in the short term, but over time, they disengage, seek ways to evade controls, or leave the organization entirely. Sustainable compliance requires trust, fairness, and accountability, not periodic shows of cruelty.

Five Key Takeaways for the Compliance Professional

1. Strategic Urgency Over Panic

In times of disruption, resist “chicken with your head cut off” urgency. Compliance programs must prioritize thoughtful, strategic action over quick fixes that create the illusion of progress without real impact.

2. Courage as the Compliance Differentiator

Having hard conversations, holding people accountable, and confronting uncomfortable truths are the core of both leadership and compliance. Technical expertise matters, but courage drives results.

3. Communication Builds Trust

Effective compliance communication requires clarity, discipline, and accountability. Don’t hide behind jargon or check-the-box training. Say what needs to be said, even when it’s uncomfortable.

4. Harness the Power of ‘Why’

Younger employees demand transparency and reasoning. Use this as a lever to build stronger compliance cultures. Equip leaders to turn questions into opportunities for education, engagement, and innovation.

5. Reject Fear-Based Models

Fear is a short-term motivator with long-term costs. Compliance programs grounded in trust, fairness, and respect will outperform those that rely on punishment and intimidation.

Compliance Lessons in Courage

Brené Brown’s reflections on leadership are not abstract musings. They speak directly to the challenges compliance professionals face in guiding organizations through uncertainty, disruption, and cultural change. At its core, compliance is about shaping behavior and building cultures of integrity. That work requires courage, clarity, and compassion, which are precisely the traits Brown identifies as the hallmarks of effective leadership.

As we look ahead to the next wave of regulatory change, technological disruption, and workforce transformation, compliance officers must resist the temptation to react out of fear. Instead, we must embrace courageous leadership that aligns action with impact, values clarity over noise, and treats people with humanity even in moments of adversity.

Brown’s work reminds us that compliance is not just about preventing wrongdoing; it is also about promoting ethical behavior. It is about cultivating courage and clarity in organizations so that, when disruption hits, leaders and employees alike know how to “settle the ball,” take a breath, and make the right play.

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Sunday Book Review

Sunday Book Review: October 5, 2025, The Books on Top Business Books for October Edition

In the Sunday Book Review, Tom Fox considers books that would interest compliance professionals, business executives, or anyone curious about the subject. It could be books about business, compliance, history, leadership, current events, or any other topic that might interest Tom. Today, we review four top books for October, as selected by FT.

 

  • Resurgent by Julian Birkinshaw and John Fallon
  • Shadows at Work by Steven D’Souza
  • How to be Bold by Ranjay Gulati
  • Powerfully Likeable by Kate Mason

Resources:

This list was derived from Business Books, What to Read This Month in the FT.

The Sunday Book Review was recently honored as one of the world’s Top 100 Book Podcasts.

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10 For 10

10 For 10: Top Compliance Stories For the Week Ending October 4, 2025

Welcome to 10 For 10, the podcast that brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance, brings to you, the compliance professional, the compliance stories you need to be aware of to end your busy week. Sit back, and in 10 minutes, hear about the stories every compliance professional should be aware of from the prior week. Every Saturday, 10 For 10 highlights the most important news, insights, and analysis for the compliance professional, all curated by the Voice of Compliance, Tom Fox. Get your weekly filling of compliance stories with 10 for 10, a podcast produced by the Compliance Podcast Network.

Top stories include:

  • LRN named top compliance training provider. (Yahoo!Finance)
  • State of Texas to end law school oversight. (Reuters)
  • More sanctions on the Chinese tech sector. (WSJ)
  • Will 996 come to compliance? (NYT)
  • Cargo firm to leave India due to government extortion. (India Today)
  • LLMs can play a key role in enhancing compliance. (Engineering at Meta)
  • When corruption kills. (CNN)
  • Exxon seeks security assurances for the Mozambique LNG project. (FT)
  • TXSE gets SEC approval. (Reuters)
  • Charlie Javice gets more than 7 years in prison. (WSJ)

You can check out the Daily Compliance News for four curated compliance and ethics-related stories each day, here.

Connect with Tom 

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You can purchase a copy of my new book, Upping Your Game, on Amazon.com

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Daily Compliance News

Daily Compliance News: October 3, 2025, The Dictating Culture Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee, and listen in to the Daily Compliance News. All, from the Compliance Podcast Network. Each day, we consider four stories from the business world, including compliance, ethics, risk management, leadership, or general interest, relevant to the compliance professional.

Top stories include:

  • Trump wants to dictate US university culture. (Reuters)
  • Cargo firm to leave India due to government extortion. (India Today)
  • LLMs can play a key role in enhancing compliance. (Engineering at Meta)
  • When corruption kills. (CNN)