Categories
FCPA Compliance Report

Jonathan Marks on the Role of Gatekeepers


In this special five-part podcast series, I take a deep dive into the recent Herbalife FCPA Resolution. Over the next 5 podcasts Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Marks and Jonathan Armstrong will all bring their own unique perspectives to this settlement. In this Part 4, Jonathan Marks and Tom Fox discuss the role of gatekeepers and the lack of skepticism at the Board of Directors.
Some of the highlights include:

  • Chief Audit Executive and Chief Compliance Officer exits should be 8K events.
  • Who guards the gatekeepers?
  • The Board is responsible for management override of controls.
  • Why was there a lack of skepticism at the Board level?
Categories
ComplianceLIVE

Episode 31: Adaptive Interview Smackdown! with Will McSpadden


Asking questions with empathy is a trademark at ComplianceLine. Amanda welcomes Will McSpadden back to the show to discuss how our adaptive interview lays waste to the competitor’s ten-question script.

Check out more episodes and full episode videos at ComplianceLine.com, and don’t forget to subscribe on your favorite podcast platform!

For more information on ComplianceLine, click here.

Categories
Life with GDPR

H&M Fined €35.2 for Data Privacy Breaches


In this episode Jonathan Armstrong and Tom Fox are back to discuss issues relating to data privacy, data protection and GDPR. Today, we consider recent decision by the Hamburg Data Protection Authority which fined H&M Germany €35.2m for GDPR violations. The case concerned excessive use of employee data and is the largest fine so far imposed by regulators for the handling of employee data. We are likely to see more pressure on employers to justify the handling of employee data as a result of today’s fine. Some of the highlights are:

  1. What did the regulator say?
  2. What did H&M do after the investigation began?
  3. What about the current pandemic?
  4. What are the implications going forward?
  5. What is this decision’s precedential value?
  6. What are some practical tips for compliance?

Check out the Cordery Compliance, client alert on this case, click here. For more information on Cordery Compliance, go their website here. Also check out the GDPR Navigator, one of the top resources for GDPR Compliance by clicking here.

Categories
Daily Compliance News

October 8, 2020-the End of PdVSA edition


In today’s edition of Daily Compliance News:

  • End of PdVSA? (NYT)
  • Texas county indicts Netflix for child porn. (NYT)
  • US accused of violating forced-labor laws. (WaPo)
  • Chicken industry price-fixing (I’m shocked). (WSJ)
Categories
FCPA Compliance Report

Special Edition – Compliance Book Club Interview of Robert Chesnut on Intentional Integrity


In this special edition, I am pleased to cross-post a recent live event hosted by Sean Freidlin, Director Product Marketing at SAI Global. He hosted the third edition of SAI Global’s Compliance Book Club, featuring Robert Chesnut, author of Intentional Integrity. Sean’s Compliance Book Club is fast becoming one of the most listened to events in the compliance world. His interview with Robert Chesnut is great information for the compliance professional. Sean graciously allowed me to cross-post this interview as a podcast on the Compliance Podcast Network.
SAI Global’s Compliance Book Club is a community initiative that brings ethics, compliance, and risk professionals together around a book you’ll love, and invites everyone to participate in a live Q&A and discussion with the author.  For the third meeting, and as part of our celebration of the fifth annual International Compliance Officer Day, we present  “Intentional Integrity: How Smart Companies Can Lead an Ethical Revolution” by Robert Chesnut. In Intentional Integrity, Chesnut offers a six-step process for leaders to foster and manage a culture of integrity at work. He explains the rationale and legal context for the ethics and practices, and presents scenarios to illuminate the nuances of thinking deeply and objectively about workplace culture.
You can check out the original recording here. Check out the full panoply of SAI Global Ethical Leadership Articles and Resources here.

Categories
Fraud Eats Strategy

Fraud Eats Strategy Episode 7: Bullet Proof FCPA Due Diligence

In this episode we going explore “bullet-proofing” your FCPA acquisition due diligence, merger integration and the government’s recent revisions to the FCPA Resource Guide and Evaluation of Corporate Compliance Programs guidance. Gone are the days when the potential bribery and corruption risk of an acquisition can afford to be something assessed at the 11th hour or not at all. Successor liability stemming from undiscovered bribery activity can give rise to devastating financial consequences. Joining me today is Skadden Arps partner and FCPA luminary Gary DiBianco. Gary’s practice focuses on advising senior management and boards of directors faced with complex government or internal investigations.

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.
 

Categories
FCPA Compliance Report

Wirecard Part 9, Bring Lawyers Guns and Money


In the Episode, I am joined by Mikhail Reider-Gordon, Managing Director of Institutional Ethics & Integrity at Affiliated Monitors.  Mikhail’s areas of expertise include technology, privacy, cybersecurity, IP and accountability in artificial intelligence; the global anti-corruption and anti-money laundering regimes; media & entertainment; biotech and the life sciences; the public sector and international law.  She is accustomed to working on extremely sensitive and high-profile matters, both nationally and internationally. In this episode, we explore those other professional service providers who enabled Wirecard in our bring Lawyers Guns and Money episode.
Some of the highlights include:

  • Weekly news wrap-up on Wirecard
  • Is EY at its Arthur Anderson moment?
  • Who has potential lawsuits against EY?
  • Is a Bundestag inquiry in the works?
  • Will there be an EU-level inquiry into the German government response?
  • Who were the Enablers?
  • Why is now the time for lawyers to take a stand for the Rule of Law?
Categories
FCPA Compliance Report

Matt Kelly on the Role of Internal Audit


In this special five-part podcast series, I take a deep dive into the recent Herbalife FCPA Resolution. Over the next 5 podcasts Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Marks and Jonathan Armstrong will all bring their own unique perspectives to this settlement. In this Part 3, Matt Kelly joins me to consider the role internal audit in this matter and the (non) actions of Herbalife’s Board of Directors.
Some of the highlights include:

  • Internal Audit as window dressing does not good government make.
  • How high up must internal audit push?
  • What is the Board’s duty?
  • Is there a Caremark claim against the Herbalife Board of Directors?
Categories
Compliance and Coronavirus

EJ Marin on Organizational Design in the Age of Covid-19


As the Voice of Compliance, I wanted to start a podcast which will help to bring both clarity and sanity to the compliance practitioner and compliance profession during this worldwide health and healthcare crisis. In this episode, I visit with EJ Marin, Director of Solution Engineering at Nakisa? We discuss the impact of the Coronavirus health crisis on organizational design.
Some of the topics include:
·      The top issues in organizational design at this point in the Coronavirus health crisis.
·      Where will org design be in 12 to 18 months?
·      What are the compliance issues around these changes in org design?
For more information on Nakisa, click here.

Categories
Great Women in Compliance

Mel Stanley on Personal Branding, Part 2


Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
In this two-part series we welcome back Mel Stanley, owner of First Woman, to reveal personal branding secrets that can help you stand out positively to colleagues, your network and new connections.
Mel shares some thoughts on how Compliance Officers can use personal branding to facilitate our human side being seen as part of our reputation with internal clients and how we as Compliance professionals can demonstrate our expertise without coming across as overly self-promotional or arrogant.
Mary asked Mel’s advice on how to determine if our personal branding is showing up right now as seen by others, to help with the process of developing our branding in the direction we wish.  Mary shares with Mel and the audience what results she got following Mel’s advice, including an unintended benefit and accordingly recommends all listeners give it a try.  Mel generously and graciously pulls off some impromptu workshopping for Mary which will provide valuable insights for all Great Women in Compliance.
We round off the episode with a what not to do to avoid sabotaging your carefully built up branding.
Join the Great Women in Compliance community on LinkedIn here.