Categories
Daily Compliance News

April 27, 2023 – The De-Risking 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.

Stories we are following in today’s edition:

·       De-risking bank customers.  (WSJ)

·       UK blocks Activism/Blizzard merger.  (NYT)

·       Jury begins deliberations in ComEd corruption case. (Chicago Sun Times)

·       Former Eskom CEO refuses to name names. (FT)

Categories
Compliance Into the Weeds

Activision Blizzard Settlement with SEC

The award winning, 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 I take a deep dive into the recent Activision Blizzard settlement with the SEC for the company’s failings around internal controls regarding the detection and prevention of sexual harassment and its whistleblower protection laws.

Some of the highlights include:

·      The background facts.

·      The toxic culture which led to the claims.

·      The denials by company officers that anything was wrong or to the validity of the claims.

·      How does this ruling tie into the Delaware court decision on the duty of oversight?

·      Must there be a material risk for the creation of an information system?

·      What about CCO certification?

·      What does it all mean for CCOs going forward?

 Resources

SEC Order

Matt Kelly in Radical Compliance

Categories
Daily Compliance News

February 6, 2023 – The Activision Blizzard Punished 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.

Stories we are following in today’s edition of Daily Compliance News:

  • Trump offers to post bond. (Bloomberg)
  • Activision Blizzard was spanked by SEC. (CNN)
  • Age discrimination win and whistleblower award in the UK. (FT)
  • Farewell to Mr. Peeps. (AP News)
Categories
Daily Compliance News

October 6, 2022 the Worst CCO Ever Edition

In today’s edition of Daily Compliance News:

Categories
Daily Compliance News

June 17, 2022 the We Did Nothing Wrong Edition


In today’s edition of Daily Compliance News:

  • More comments on CCO certification. (WSJ)
  • Guilty plea in Danske Bank money-laundering. (US News and World Reports)
  • Swiss Prosecutor finds $60MM in Credit Suisse AML payment. (BNN Bloomberg)
  • Activision investigates itself and finds senior management did nothing wrong. (WSJ)
Categories
Daily Compliance News

April 14, 2022 the Blatter to Face Trial (Finally) Edition


In today’s edition of Daily Compliance News:
·      Top CA lawyers prosecuting Activision Blizzard leave. (WSJ)
·      Sepp Blatter, Michael Plantini to face trial (finally). (ESPN)
·      Isle of Jersey seizes $7bn in Abramovich assets.  (NYT)
·      WH and businesses blast Texas Gov. trucker policy.  (WaPo)

Categories
Daily Compliance News

February 18, 2022 the NY AG Edition


In today’s edition of Daily Compliance News:

  • NY AG can question Trump, kids under oath. (NYT)
  • SEC widens investigation into Activision Blizzard.  (WSJ)
  • Surprise Surprise, BoJo drops Minster to fight corruption. (Business Insider)
  • Tesla says SEC being unfair to Musk. (WSJ)
Categories
Compliance Into the Weeds

Mike Volkov on Antitrust Issues in Microsoft Acquisition of Activision Blizzard

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. This week, Matt and Tom are pleased to host Mike Volkov, host of the Corruption Crime and Compliance podcast on the Compliance Podcast Network. Mike formerly worked in the DOJ, Antitrust Division. We consider the current evolution of antitrust enforcement by the DOJ and FTC and how it might impact the Microsoft acquisition of Activision Blizzard. Some of the issues we consider include:

·      Is the focus of antitrust enforcement changing from consumers to others?

·      What is a Section 2 Sherman Act claim?

·       What are structural v. behavioral remedies?

·      Have partial divestitures fallen out of favor?

·      How might all this play out in the Microsoft acquisition of Activision Blizzard?

·      What is the role of compliance going forward?

Resources
Matt in Radical Compliance
Mike Volkov in  Corruption Crime and Compliance

Categories
Everything Compliance

Episode 93, the Activision Blizzard Edition


Welcome to the only roundtable podcast in compliance. The entire gang was also thrilled to be honored by W3 as a top talk show in podcasting. In this episode, we have the quintet of Karen Woody, Jonathan Armstrong, Tom Fox, Matt Kelly and Jay Rosen. We discuss some of the key issues from the Activision Blizzard acquisition by Microsoft in the context of the BeeGees.  We also have a special tribute section to Meatloaf as well as Shout Outs and Rants.

1. Karen Woody used Staying Alive to look at the SEC angle on the acquisition. Karen shouts out to workers in the travel industry for getting travelers home during the holidays.  Woody paid tribute to Meatloaf’s acting career, the Rocky Horror movie and the song Hot Potootie Bless My Soul which her father still loves and is played annually at his birthday.

2. Jay Rosen reviewed To Love Somebody in asking what role can a monitor play in this matter? Rosen ranted about longtime Boston sportswriter Dan Shaughnessy who voted against David Ortiz for the HOF and shouted out to Big Papi’s response. Jay paid tribute to You Took the Words Right Out of My Mouth, Meatloaf’s acting and SNL performances.

3. Matt Kelly considered Massachusetts to consider the anti-trust angles and whether Microsoft can turn the corruption culture at Activision around. Kelly laments the missing child Heather Montgomery and all the officials who did not take her mother’s report of her disappearance seriously.  Matt paid tribute to those listeners who are too young to remember Meatloaf.

4. Jonathan Armstrong used How Can You Mend a Broken Heart to look at EU and UK anti-trust issues as well as data privacy concerns under GDPR. Armstrong shouts out artist Tracy Emin for demanding No. 10 pull her artwork due to the corruption of BoJo. Jonathan paid tribute to Meatloaf’s financial support of Jonathan’s local football club Hartlepool United.

5. Tom Fox considered the role of the Microsoft Board of Directors in the acquisition. He shouted out to the Joel Coen movie Macbeth and started Oscar buzz by further shouting out to Kathryn Hunter for her portrayal of the 3 sisters.  Tom paid tribute to Paradise by the Dashboard Lights.

 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
•       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu
•       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 jonathan.armstrong@corderycompliance.com
•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com
The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

Categories
This Week in FCPA

Episode 287 – the Activision Blizzard Sold edition


As both of their teams are unceremoniously knocked out of the playoffs, Tom and Jay are back looking at some of the week’s top compliance and ethics stories this week in the Activision Blizzard Sold edition.
Stories

  1. Activision Blizzard was sold to Microsoft. Check out articles on how the NYT happened, the parameters of the deal in the  WSJ, the compliance mess in Bloomberg, and legal issues in  Reuters.
  2. Did the pandemic undo corruption risk models? Dick Cassin explores in the FCPA Blog.
  3. KPMG spanked yet again in the UK. Jaclyn Jaeger in Compliance Week (sub req’d).
  4. Person of the Year in Compliance? ESG. Mike Volkov in Corruption Crime and Compliance.   
  5. Is Abby Normal next? Banks using behavioral science. Vera Cherepanova in FCPA Blog.
  6. Businesses and Strategy on Countering Corruption. Sara Paul, Andrea Gordon, and Dane Sowers in the CCI.  
  7. Climate change compliance. Jeff Kaplan in Conflicts of Interest Blog.
  8. Trust has its moment. Stewart Levine in Forbes.com
  9. Institutional investors on ESG voting. Lawrence Heim in PracticalESG.
  10. The virtual Board Room. Jeffrey Karpf and Fernando Martinez in Compliance and Enforcement

Podcasts and More

  1. Tom and Matt Kelly conclude a 2-part podcast series on issues they are following in 2022. On Compliance into the Weeds, Part 1 and Part 2
  2. In January on The Compliance Life, I visited Valerie Charles, a partner at StoneTurn. Val has one of the most interesting journeys in compliance. In Part 1, she discussed her academic background and early professional career. In Part 2, she discusses her move to ComTech. In Part 3, Valerie moves into the consulting world. 
  3. What is the intersection of Joel Coen’s Macbeth and organizational issues in compliance? Tom explores in a 4-part blog series on the FCPA Compliance and Ethics Blog
  4. CCI releases a new e-book from Tom, “FCPA 2021 Year in Review”. Available free from CCI.
  5. Trial of the Century-the Enron Trial. On Monday, January 4, Tom premiers a 5-part podcast series on the Enron Trial with Loren Steffy, who covered the trial for the Houston Chronicle. You can check out the preview here. It will be available on the Compliance Podcast Network, Megaphone, iTunes, and other top podcast platforms. 
  6. Check out 31 Days to a More Effective Compliance Program returns, which runs from January 1 to January 31. Available on the Compliance Podcast NetworkMegaphoneiTunes, and other top podcast platforms. 

 Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.