In today’s edition of Sunday Book Review:
- Our Last Season by Harvey Araton
- The Cap by Joshua Mendelsohn
- From Hang Time to Prime Time by Pete Croatto
- Three-Ring Circus By Jeff Perlman
Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. In this episode, I am joined by Deann Conroy, the Compliance Solutions Manager for Affiliated Monitors. She is an attorney with 12 years of experience in healthcare law who has worked as an attorney in government compliance in charge of regulating both healthcare professionals as well as healthcare systems and companies. We discuss the importance of communication within a healthcare office or healthcare company or system during COVID.
Resources
For more information on Deann Conroy, click here. For more information on Affiliated Monitors, click here.
Welcome to the only roundtable podcast in compliance. Today, we have the full quintet of Jonathan Armstrong, Jay Rosen, Jonathan Marks, Matt Kelly and Mike Volkov for a deep dive into five key areas of law and enforcement and what they might look like under the Biden Administration. We end with a veritable mélange of rants and shouts outs.
- Jonathan Armstrong looks at the possibility of a fix to Privacy Shield under a Biden Administration. Armstrong shouts out to all retired trial lawyers who want to get back in the courtroom and now have Rudi Giuliani to demonstrate you are never too old to make a fool of yourself in court.
- Jay Rosen looks at the discontinuance of independent monitors under the Trump Administration and how this could change under the Biden Administration. Jay shouts out to our better angels to help rebuild the country after the hate and divisiveness of the Trump Administration.
- Matt Kelly considers the changes in enforcement, policy and focus in the SEC and other regulatory agencies under the Biden Administration. Matt shouts out to Georgia Secretary of State Brad Raffensperger who has withstood criminal actions by the Trump Administration to secure a fair vote from Georgia.
- Mike Volkov considers how antitrust enforcement might move forward under the Biden Administration. Volkov rants about the Trump Administration’s abandonment of the fight against Coronavirus and how its actions have caused untold more deaths.
- Jonathan Marks considers the increased importance of data and data analytics in compliance programs and how they will form the basis of enforcement under the Biden Administration. Marks shouts out to scientists working on the coronavirus vaccine in face of the Trump Administration’s abandonment of science and scientists for charlatans.
- Tom Fox gives a bittersweet shout out to Saul Turteltaub, father of our good friend Adam Turteltaub, who witnessed his beloved Los Angeles Dodgers lose in two consecutive World Series to teams that cheated and was denied seeing his Dodgers win their first pennant since 1987. Saul Turteltaub passed away last spring.
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
- Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com
The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.
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 and Tom go into the weeds to look at recent remarks by SEC Chairman Jay Clayton and Bill Hinman, director of the Division of Corporation Finance, on issues around insider trading compliance programs. Some of the issues we consider are:
- Why would two high ranking SEC officials publicly address insider trading and compliance in the same week?
- What are the rules around 10(b)5-1?
- What about Albert Bourla, the CEO of Pfizer, who sold $5.6 million worth of Pfizer shares on Nov. 9, the day the company announced stellar results of its Covid vaccine trials.
- Who owns insider trading compliance in a corporation?
- Values based ethics v. rules based ethics.
- Tom Moyer, former CCO and now head of Global Security at Apple indicted for alleged offering bribes to obtain concealed carry permits in Santa Clara County CA.
Resources
For more information see Matt’s blog posts:
SEC Warning on Insider Trading Sales
Apple Exec Indicted on Bribery Charge
The week of Thanksgiving is the time of our annual trip to the most beautiful and unique city on earth-Venice, Italy. With travel to Italy shut down this year due to Covid-19, I am visiting Venice virtually and mining this rich city for compliance lessons. This episode concludes my podcast series on how the city of Venice informs your internal reporting system. The symbol of Venice is the Lion of St. Mark. The use of this symbol led to the maxim ‘straight from the lion’s mouth’. This adage came about because the Republic of Venice had its own hotline system where citizens could report misconduct. A citizen could write down his concern on paper and literally put the message into the mouth of statues of lion heads placed around the City. This system was originally set up to be anonymous but later changed to require that a citizen had to write his name down when submitting a message.
As podcast series on compliance lessons from Venice draws to an end, I am reminded how much the western world has to thank the Republic of Venice. From the forms of republican democracy that the US Founding Fathers drew from to helping to establish a world-wide trade and banking system which still reverberates today. But, if you look closer, ancient Venice had many good government techniques which also still inform the modern world. Straight from the lion’s mouth to your company’s internal reporting system is just one of them.
Today, I am joined in this podcast series by Jay Rosen, the Vice President of Business Development and Monitoring Specialist at Affiliated Monitors, Inc. In this episode, we introduce the role of independent integrity monitors and corporate monitorships. Some of the highlights from this podcast include:
1. What is a corporate monitor?
2. What agency has oversight?
3. Who foots the bill?
4. What about subject matter expertise?
I hope you will join us tomorrow for Part 2, where we discuss post-settlement monitorships.
For additional reading see Jay Rosen’s article Corporate Monitorship 101: Who Are They, and What Can You Expect? on Corporate Compliance Insights.
For more information on Affiliated Monitors, Inc. visit their website here.
In this week’s episode, we’re going to explore the little-known area of “shadow investigations” in which accounting firms oversee internal investigations being performed by outside counsel and their forensic investigations counterparts ensuring the investigation is scoped appropriately to provide sufficient information for the audit partner to comfortably sign off on the auditee’s financial statements. Joining us are two very experienced practitioners, Cleary Gottlieb partner, Lisa Vicens, and FTI’s own Mark Grover, each of whom have worked on investigations that have been shadowed by accounting firm forensic practices.
Join us each week as we take a deep dive into the various forms of fraud across the world and discuss crime families, penny stock boiler rooms, international money launderers, narco-traffickers, oligarchs, dictators, war lords, kleptocrats and more.
Scott Moritz is a leading authority on white-collar crime, anti-corruption, and in the evaluation, design, remediation, implementation, and administration of corporate compliance programs, codes of conduct. He is also considered an authority in the establishment, training, and oversight of the investigative protocols carried out by financial intelligence, corporate security, and internal audit units.
