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Kerrville Weekly News Roundup

Kerrville Weekly News Roundup: February 17, 2024

Welcome to the Kerrville Weekly News Roundup. Each week, veteran podcaster Tom Fox and his colleagues Andrew Gay and Gilbert Paiz get together to go over a couple of their favorite stories from the past week from Kerrville and the greater Hill Country. Sit back, enjoy a cup of morning coffee and listen in to get a wrap-up of the Kerrville Weekly News. We each consider two of our favorite stories and talk about the upcoming weekend’s events, which we will enjoy or participate in.

In this episode, Tom and Andrew discuss the following stories that caught their attention over the past week:.

  • Tom discusses the UGRA Scholarship initiative. He shouts out to Kerrville and Buffalo solider historian Clifton Fifer for his living history of Kerrville and Texas. Finally, he pays tribute to his good friend John Aceti, who passed away at age 93 this week for a life well lived.
  • Andrew discusses the UGRA river clean-up and the Kerrville Hills Winery.

Resources:

Tom Fox on LinkedIn

Gilbert Paiz on LinkedIn

Andrew Gay on LinkedIn

Texas Hill Country Podcast Network

UGRA River Clean Up Sign Up

UGRA Scholarship Water Professionals Scholarship

The Lead

Kerrville Daily Times

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Blog

A Shifting Mindset Towards Prevention

It would not be too controversial to say that compliance programs are crucial in ensuring that organizations adhere to legal and ethical standards. That is basically what we are all striving to do. However, many of these programs are reactive, focusing more on problem-solving than prevention. This approach often leads to a lack of resources and initiative for proactive measures, which can ultimately hinder the effectiveness of compliance efforts. What I would ask you to consider today is a shift in your compliance program to prevention through greater engagement.

I have long used the McNulty Maxim’s of (1) What did you do to stop it? (2) What did you do to find out about it? and (3) What did you do to fix it? (Prevent, Detect, Remediate) You may need to shift your compliance mindset regarding your compliance regime. Through proactive measures, such as engaging and frequent training, you can move towards creating a culture of compliance that is both effective and engaging. Ronnie Feldman continually reminds us of the value of using entertainment and comedy in compliance training to make the learning experience enjoyable and memorable.

One of the critical factors impacting the shift towards prevention and engagement is the allocation of resources. Traditionally, compliance programs have focused on detection and investigation, often spending a significant portion of their budget on these reactive measures. However, as Feldman pointed out, this approach can be counterproductive. By investing more in preventative measures, organizations can mitigate risks more efficiently and avoid the need for extensive investigations.

Another essential factor to consider is the impact on employees. Compliance programs relying solely on detection and punishment can create a hostile, fear-based culture. Employees may hesitate to speak up about potential issues or concerns, fearing retribution or negative consequences. On the other hand, a prevention-focused approach that emphasizes engagement and empowerment can foster a culture of trust and psychological safety. When employees feel safe and supported, they are likelier to speak out and ally with their colleagues.

Balancing these factors can be challenging. Compliance professionals must find a way to allocate resources effectively, ensuring that both prevention and detection measures are in place. This requires a shift in mindset and a willingness to invest in proactive measures, even if it means reallocating resources from reactive measures. It also requires a commitment to engaging and empowering leaders within the organization, as they play a crucial role in setting the tone for compliance.

One approach to achieving this shift is through the use of microlearning. Many training professionals have highlighted the value of short, impactful learning modules that can easily integrate into employees’ daily routines. By delivering training in bite-sized pieces, organizations can ensure that employees are consistently engaged and learning without overwhelming them with lengthy and infrequent training sessions.

While shifting compliance programs towards prevention and engagement is compelling, it is essential to acknowledge the challenges associated with implementing such a shift. Resistance to change, limited resources, and competing priorities can all pose obstacles. However, by recognizing the importance of prevention and engagement, organizations can begin to overcome these challenges and make meaningful progress toward a more effective and engaging compliance program.

Shifting compliance programs towards prevention and engagement is a critical step in improving the effectiveness of compliance efforts. By investing more in proactive measures, engaging employees through innovative training methods, and empowering leaders, organizations can create a culture of compliance that is both effective and engaging. While there are challenges associated with this shift, the benefits far outweigh the tradeoffs. Ultimately, a prevention-focused approach mitigates risk more efficiently and creates a positive and engaging compliance culture.

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Compliance Tip of the Day

Compliance Tip of the Day: Compliance Innovation Through KPIs

Welcome to “Compliance Tip of the Day,” the podcast where we bring 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 aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

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.

In this episode, we consider innovation in compliance through Key Performance Indicators (KPIs).

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

Categories
Daily Compliance News

Daily Compliance News: February 16, 2024 – The My Bad 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 to the Daily Compliance News. All from the Compliance Podcast Network. Each day, we consider four stories from the business world: compliance, ethics, risk management, leadership, or general interest for the compliance professional.

In today’s edition of Daily Compliance News:

  • Lyft CEO says misplaced zero was his fault. (Bloomberg)
  • The Tesla Board Chair is under scrutiny for oversight of the company.  (NYT)
  • The FCA investigates insider trading claims. (Bloomberg)
  • A tale of 2 corps: Binance and FTX. (Reuters)

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

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

12 O’Clock High, a podcast on business leadership: Dan Silberberg on Navigating Challenges of Modern Leadership

In this episode, I visit with Dan Silberberg, who is a seasoned leader with a diverse background in tech, consulting, and business management, boasting 15 years of experience in the Fortune 500. His perspective on 21st-century leadership, shaped by his extensive experience and a master’s degree in leadership and coaching, is that traditional leadership methods are no longer sufficient in today’s rapidly evolving world.

Silberberg advocates for a shift towards “human leadership,” emphasizing the importance of curiosity and fostering more leaders within organizations. His belief in the transformative power of understanding one’s own thoughts, behaviors, and choices led him to develop the Leader Council program, a unique initiative designed to help C-suite executives become more engaged and connected leaders. Through this innovative approach, Silberberg is significantly influencing how leaders navigate their roles in the 21st century.

Key Highlights:

  • Engaging Executives: Transforming Leadership in Organizations
  • Leadership in a Multigenerational Workforce
  • Empowering Middle Managers for Organizational Success
  • Unlocking Potential: Creating Positive Change in Leadership

Resources:

Dan Silberberg on LinkedIn

Entelechy

Tom Fox

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YouTube

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LinkedIn

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Career Can D0

The Best Defense Against Burnout with Dr. Marie-Hélène Pelletier

In this episode of Career Can Do, Dr. Marie-Hélène Pelletier joins Mary Ann Faremouth to discuss how resilience is the key to overcoming burnout and becoming your best self. Dr. Pelletier, an award-winning mental health expert, draws on her clinical practice and extensive corporate experience to provide insights on building resilience in the face of challenges. As an employment recruiter for over 30 years, Marianne understands the importance of resilience in today’s fast-paced and ever-changing world. Together, they explore practical strategies and a resilience plan to help individuals thrive in their careers. Tune in to this episode to discover how to tap into your resilience and unlock your limitless potential.

Resilience is essential to navigating the new work world. Dr. Pelletier emphasizes the significance of resilience in overcoming challenges and burnout in today’s fast-paced and constantly changing work environment. She highlights the need for individuals to invest in self-awareness and develop a strategic resilience plan that considers their values, strengths, and current context. By creating a realistic and implementable plan, individuals can increase their self-efficacy and effectively navigate transitions to achieve career success.

Building empowering beliefs and taking strategic actions are keys to career success. Dr. Pelletier discusses the importance of holding empowering beliefs and being strategic in one’s approach to career development. By cultivating self-awareness and identifying transferable skills, individuals can present themselves confidently and adapt to new roles or industries. She emphasizes the need to focus on realistic and achievable actions, such as building a support network and prioritizing self-care, to increase self-efficacy and create positive outcomes in the job search process.

Success is not solely determined by qualifications or experience but by the mindset and proactive approach we bring to our professional journeys. If we embrace resilience, cultivate empowering beliefs, and take strategic actions, we can navigate the new work world with confidence and achieve long-term career success.

Resources:

Dr. Marie-Hélène Pelletier on the Web | LinkedIn | Instagram | “The Resilience Plan” Book

Faremouth.com

Categories
Into the Chair - Tales from Chief Compliance Officers

Into the Chair, Tales from Chief Compliance Officers: Rafael Capa on Mastering Risk Management for Success in Compliance

Welcome to the latest edition of the Compliance Podcast Network: Into the Chair: Tales from Chief Compliance Officers, which details the journey to and in the role of a Chief Compliance Officer. How does one come to sit in the CCO chair? What are some of the skills a CCO needs to navigate the compliance waters of any company successfully? What are some of the top challenges CCOs have faced, and how did they meet them? These questions and many others will be explored in this new podcast series. Into the Chair: Tales from Chief Compliance Officers is a Comply podcast hosted by Tom Fox and is a production of the Compliance Podcast Network. In this episode, I visit with Rafael Capa, who has a background in risk management and is in compliance.

Rafael Capa is a highly experienced risk management professional with a career spanning over two decades in various sectors, including market risk, counterparty credit risk, liquidity risk, and operational risk. His perspective on the overall risk management strategy is shaped by his extensive experience. It is centered on the belief that it should be proactive, efficient, and tailored to the specific needs of the business lines. Capa emphasizes the importance of identifying, measuring, monitoring, reporting, and remediating risks in compliance and encourages firms to be proactive in assessing and implementing policies and procedures rather than waiting for regulations to be put in place. He also advocates for using data analytics and artificial intelligence in compliance to enhance effectiveness and efficiency. Furthermore, Capa, who holds a certificate in climate risk, underscores the emerging significance of this field in the compliance role and the necessity for compliance to keep pace with risk management in addressing this issue.

 

Key Highlights:

  • Proactive Risk Management Strategy Implementation
  • Building a Proactive Compliance Program with Data Analytics and AI
  • Enhancing Compliance through Customized Risk Assessment

Resources:

Rafael Capa on LinkedIn

Haitong International Securities Group

Comply

Connect with Tom Fox

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Categories
Compliance Tip of the Day

Compliance Tip of the Day: Connected Compliance

Welcome to “Compliance Tip of the Day,” the podcast where we bring 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 aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

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.

In this episode, we consider connected compliance and why compliance needs to get everything under one roof.

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

Categories
Daily Compliance News

Daily Compliance News: February 15, 2024 – The Lock The Doors 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 to the Daily Compliance News. All from the Compliance Podcast Network. Each day, we consider four stories from the business world: compliance, ethics, risk management, leadership, or general interest for the compliance professional.

  • Elon Musk says Delaware has ‘locked the doors’. (Reuters)
  • OECD at 25.  (The Hill)
  • The SEC is bracing for litigation over climate change regs. (WSJ)
  • $130MM paid to creditors in the Mozambique Tuna Bond corruption scandal. (Spotlight on Corruption)

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

Categories
Blog

Joshua Drew and a Career in FCPA Enforcement and Compliance

I recently had the opportunity to visit with Joshua Drew, formerly a lawyer at the Department of Justice (DOJ) at Main Justice in Washington and also an Assistant US Attorney at the US Attorney’s Office for the District of New Jersey. We visited for an episode of the FCPA Compliance Report podcast.

Drew has recently joined the litigation group at Miller & Chevalier. With his extensive background in the fraud section of the DOJ and in-house roles at companies dealing with False Claims Act cases and FCPA resolutions, Joshua brings a wealth of knowledge and experience to his new position. His expertise will contribute to Miller & Chevalier’s strategic growth.

Drew moved from governmental service to HP, where he was Vice President and Associate General Counsel, Ethics & Anti-Corruption. At the time, HP was in the middle of a major FCPA investigation in the early 2010s. One of Joshua’s notable achievements was his role at HP, managing responses to DOJ and SEC investigations related to potential FCPA violations. During his time at HP, he played a crucial role in improving the internal investigation process, which resulted in a more efficient and practical approach. This experience highlights Joshua’s ability to navigate complex compliance issues and find practical solutions.

From HP, he moved to the company formerly known as VimpelCom, now VEON. He began as Associate General Counsel-Investigations and became the Group’s Chief Ethics & Compliance Officer. VimpelCom was going through an FCPA enforcement action and resolution at the time. He helped guide the company through a rigorous Deferred Prosecution Agreement (DPA) and monitorship. VEON was one of several high-profile FCPA enforcement actions involving telecom companies in Uzbekistan who paid huge bribes, totaling over several billion, to the daughter of the then President of the country, a woman named Gulnara Karimova.

Several factors influenced Joshua’s decision to join Miller & Chevalier. Firstly, he was impressed by the firm’s strong team of lawyers, many of whom he had interacted with during his time in-house at VimpelCom. The firm’s reputation for excellence and expertise in practice areas such as FCPA work, false claims act cases, general litigation, and white-collar defense also aligned well with Joshua’s experience. Additionally, Miller & Chevalier’s strategic focus and subject matter expertise in the issues that arise in a DC practice were appealing to Joshua.

Drew also discussed the new Safe Harbor Policy for Mergers and Acquisitions under the FCPA, which was announced in 2023. This policy encourages companies to disclose potential misconduct and cooperate with DOJ investigations, providing strong incentives for companies to get to the bottom of possible misconduct. Drew emphasized the importance of companies conducting thorough investigations, understanding the facts, and making decisions based on all available information in the company’s best interest. He acknowledged that these decisions can be challenging and require careful judgment.

The move to Miller & Chevalier allows Joshua to leverage his skills and experience to contribute to the firm’s strategic growth. His background in dealing with DOJ enforcement actions and his expertise with monitorships will be valuable assets in building on the firm’s existing work in these areas. Joshua’s role at Miller & Chevalier is focused on litigation, and he aims to bring strength to strength by complementing the skills and experience of the firm’s lawyers.

Joshua’s joining Miller & Chevalier brings the firm a unique blend of DOJ and in-house experience. His expertise in FCPA compliance and internal investigations will be instrumental in helping clients navigate complex compliance issues and mitigate risks. With his strategic approach and commitment to excellence, Joshua is well-positioned to make a significant impact at Miller & Chevalier.