LRN’s 2023 Ethics and Compliance Program Effectiveness Report provides valuable insights into the state of ethics and compliance programs in companies around the world, highlighting the importance of commitment, investment, and promotion of corporate ethics and compliance, especially during times of economic and geopolitical turbulence. Michael Volkov welcomes Susan Divers of LRN to discuss the implications of recent court decisions and DOJ regulations on corporate compliance programs. She also explores how these developments have increased the responsibility of senior management and boards, as well as the importance of data collection and analysis in order to ensure that a company is effectively managing its risks.
Susan Divers is a well-known lawyer and expert in the field of ethics and compliance. She currently serves as the Director of Thought Leadership at LRN, a leading ethics and compliance training and advisory firm. Prior to joining LRN, she was the Senior Advisor for Global Compliance at Baker Hughes, a GE Company. She has also worked as an Assistant Chief Counsel in the Division of Enforcement at the U.S. Securities and Exchange Commission, and as a litigator at several major law firms. Susan has extensive experience in designing and implementing effective ethics and compliance programs for organizations of all sizes and industries. She is a frequent speaker and author on topics related to ethics and compliance, and is widely respected as a thought leader in the field.
Key ideas you’ll hear Michael and Susan discuss:
- Strengthening ethical culture during the pandemic. According to LRN, 82% of respondents reported that their ethical cultures had strengthened as a result of the challenges faced during the pandemic. This is the third year in a row that the survey has asked this question and received positive responses, indicating that the trend is not a fluke.
- Values-based leadership. The report highlights the importance of values-based leadership and programs in meeting challenges effectively. Almost the same percentage of respondents reported that their companies operated based on values as opposed to a rules-based compliance program, emphasizing the critical role a company’s values play in shaping its ethics and compliance culture.
- Trade compliance. Trade compliance is an area of concern, with only 25% of respondents enhancing their trade control compliance and training. Due to increased export and sanctions regulations, this area poses a significant risk, especially in light of the Russia sanctions.
- Inadequate internal systems, staff shortages, budget constraints, and employee disengagement are common challenges faced by ethics and compliance professionals.
- The importance of data analytics. As the report points out, data analytics is essential for measuring ethics and compliance programs’ effectiveness and addressing areas of concern. Data analytics can provide insights on how a program is actually doing today, not yesterday, and can point towards hotspot thoughts that need to be addressed. A good internal system is necessary for good data analytics.
- The importance of investing in appropriate training and risk controls to stay up-to-date with the latest regulations. The regulatory environment is constantly evolving, and new risks are emerging all the time. Investing in appropriate training and risk controls enables organizations to identify and mitigate risks proactively, reducing the likelihood of a compliance breach or other negative event.
- Training is essential, and the emphasis is on scenarios-based training that is tailored to a person’s role. Shorter modules, the use of videos, and technology that allows for the customization of training are best practices.
KEY QUOTES
“If you don’t have a good internal system, you’re not going to be able to get good data analytics which tell you how your program is actually doing today, not yesterday, and which point towards hot spots or areas of concern that you really need to address.” – Susan Divers
“It’s not just about checking a box and having a policy, it’s about living the values and creating an environment where people feel comfortable raising issues.” – Susan Divers
“The single most important thing for a compliance program is leadership and culture.” – Susan Divers
“You need to be proactive and anticipate where things might go wrong.” – Susan Divers
Resources
Susan Divers on LinkedIn
Email: susan.divers@lrn.com
