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TechLaw10

TechLaw10 with Eric Sinrod: Personal Liability & Do I Really Need to Know about AI?

In this edition of TechLaw10, Jonathan Armstrong talks to Attorney and Professor Eric Sinrod from his home in California. They talk about personal liability for tech issues & tech failures. How will this play in the world of AI?

  • What do the cases of Joe Sullivan & Carlos Abarca tell us about personal liability?
  • Why do ambitious LinkedIn profiles lead to risk?
  • Are there any wider lessons from the spat between Nigel Farage & Dame Alison Marie Rose-Slade on NatWest?
  • Could the Horizon investigation & other scandals lead to greater regulation of lawyers regarding tech issues?
  • The formation of the New York State Bar Association Task Force on AI
  • Where data breaches might lead to personal liability, & what CISOs and others should do to protect themselves
  • What guidance has been given in France about the adoption of AI?

You can listen to earlier TechLaw10 audio podcasts with Eric and Jonathan at https://www.duanemorris.com/site/techlaw10.html

Connect with the Compliance Podcast Network at:

LinkedIn: https://www.linkedin.com/company/compliance-podcast-network/
Facebook: https://www.facebook.com/compliancepodcastnetwork/
YouTube: https://www.youtube.com/@CompliancePodcastNetwork
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Instagram: https://www.instagram.com/voiceofcompliance/
Website: https://compliancepodcastnetwork.net/

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2 Gurus Talk Compliance

2 Gurus Talk Compliance – Episode 24 — The Self-Disclosure Edition

What happens when two top compliance commentators get together? They talk about compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s episode! In this episode, Tom and Kristy take on a wide variety of compliance-related topics.

The Department of Justice (DOJ) is launching a paid whistleblower initiative, specifically targeting cases of criminal exploitation of the U.S. financial system that slip through the cracks of existing agency schemes. This move has elicited various perspectives, notably from compliance experts Tom Fox and Kristy Grant-Hart. Fox, drawing on his extensive experience in compliance, identifies the program as a vital development, filling a gap in whistleblower compensation efforts. He anticipates that it will compel compliance officers to foster a culture of reporting and enhance efficiency in managing investigations. On the other hand, Kristy, a renowned compliance specialist, also views the initiative positively but expresses concerns about the increased pressure on organizations to ensure compliance.

Despite this, both experts agree that the program is a step in the right direction towards promoting transparency, accountability, and ethical corporate behavior.

Highlights Include:

1. DAG Monaco Speech (DOJ Release)

2. Nicole M. Argentieri Speech (DOJ Release)

3. CTA struck down (WSJ)

4. Leadership Lessons from Robert Oppenheimer (WSJ)

5. State governments move to regulate AI (NYU)

6. The Percentage Of Corporate DOJ And SEC FCPA Enforcement Actions That Result From A Voluntary Disclosure (FCPA Professor)

7. Husband Who Eavesdropped on Wife’s Work Calls Pleads Guilty to Insider Trading (WSJ)

8. SEC Adopts Climate Disclosure Rule (Radical Compliance)

9. Is It Ever OK to Have an 8 a.m. Meeting? (WSJ)

10. The Florida Man Games (NYTimes)

Resources:

Kristy Grant-Hart on LinkedIn

Spark Consulting

Tom

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Compliance Into the Weeds

Compliance into The Weeds: Monaco on DOJ Whistleblower Initiative and AI

The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into a recent speech by Deputy Attorney General Lisa Monaco on the DOJ’s creation of a whistleblower program and compliance oversight of AI.

The Department of Justice Whistleblower Awards Program is a recent development that has prompted considerable discussion due to its possible implications and the potential range of awards. The program, which is designed to protect whistleblowers, raises a number of complex issues, particularly for compliance officers. According to Tom, the program is aligned with those from other regulatory bodies, like the SEC, and is not necessarily groundbreaking. He points out potential limitations in the range of awards and questions the efficiency of the review process.

Matt views the program as a significant, yet familiar, development for compliance officers. He highlights that the program seems to follow an existing trend, rather than pioneering a new approach and points out the need for further clarification on the eligibility criteria and the procedure for issuing awards. Both Fox and Kelly, from their extensive experience in the field, emphasize the program’s potential benefits for whistleblowers seeking protection but concur that there are still many details to be clarified.

Key Highlights:

  • Navigating DOJ Whistleblower Program: Award Dynamics
  • Navigating Compliance in DOJ’s Whistleblower Program
  • Enhancing Criminal Penalties for AI-based Crimes
  • Enforcement Challenges in AI Technology Governance

Resources:

Matt on Radical Compliance

Tom 

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Daily Compliance News

Daily Compliance News: March 8, 2024 – The DOJ Whistleblower Day 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:

  • The DOJ announces a whistleblower program.  (WSJ)
  • More from DAG Monaco. Changes to ECCP regarding AI. (Compliance Week)
  • The NYT asks for Boeing whistleblowers. (NYT)
  • SEC prepares to be sued for pro- and con-climate reporting rules. (FT)

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

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TechLaw10

Is AI a Closed Shop & Can AI Influence Elections?

In this edition of TechLaw10, Jonathan Armstrong talks with Attorney and Professor Eric Sinrod to discuss more AI-related issues, including the dominance of a few technology businesses in critical aspects of the AI infrastructure and concerns that AI might be used to influence elections, including the US Presidential elections this year.

Jonathan looks at the role of competition/anti-trust law in AI. He highlights the Competition Appeal Tribunal proceedings against Facebook for market dominance, which could lead to a claim of £3bn on behalf of 45 million Facebook users. He then looks at issues with Common Crawl and the use of their data repositories to train AI. What are the implications when 80% of Generative AI relies on data from just one organization? Could using Common Crawl data for different purposes lead to issues?

Eric looks at fears of using AI in the forthcoming US elections. Jonathan mentions proposed legislation from Assemblyman Clyde Vanel.

There is more information on the Facebook case here: https://www.bbc.com/news/technology-68309670

You can listen to earlier TechLaw10 audio podcasts with Eric and Jonathan at https://www.duanemorris.com/site/techlaw10.html

Connect with the Compliance Podcast Network at:

LinkedIn: https://www.linkedin.com/company/compliance-podcast-network/
Facebook: https://www.facebook.com/compliancepodcastnetwork/
YouTube: https://www.youtube.com/@CompliancePodcastNetwork
Twitter: https://twitter.com/tfoxlaw
Instagram: https://www.instagram.com/voiceofcompliance/
Website: https://compliancepodcastnetwork.net/

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Compliance Into the Weeds

Compliance into The Weeds: The ACFE 2024 Anti-Fraud Technology Benchmarking Report

The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt look at the recent ACFE publication of its 2024 Anti-Fraud Technology Benchmarking Report and what it means for compliance professionals.

The ACFE 2024 Antifraud Technology Benchmarking report unveils an intriguing shift towards the use of AI in antifraud analytics, with a significant 83% of respondents planning to adopt generative AI in the coming years. However, the report also highlights a gap in current practices, with only a quarter of organizations utilizing analytics for corruption and bribery detection. Tom views this report as a crucial tool for understanding the evolving landscape of fraud detection. He emphasizes the importance of staying ahead of technological advancements and the potential risks of not having sophisticated tools for managing fraud investigations.

Similarly, Matt underscores the report’s insights into the challenges faced by antifraud professionals. He stresses the importance of aligning analytical capabilities with manpower resources and the critical role of experienced professionals in managing complex issues like bribery and corruption. Both perspectives highlight the need for a strategic blend of technology and human expertise in the ever-evolving world of compliance and audit.

Key Highlights:

  • Generative AI Integration in Antifraud Analytics
  • Generative AI Impact on Fraud Examination Trends
  • AI’s Role in Fraud Detection and Compliance
  • Detecting Financial Fraud Through Advanced Analytics

Resources:

Matt on Radical Compliance

Tom 

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2 Gurus Talk Compliance

2 Gurus Talk Compliance – Episode 23 — The Sustainability Edition

What happens when two top compliance commentators get together? They talk about compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s episode! In this episode, Tom and Kristy take on a wide variety of compliance related topics.

In the ever-evolving world of regulatory compliance and risk management, challenges are constant, and strategies must be dynamic. Tom highlights the focus on the Tesla Board, celebrates the OECD at 25, bemoans New Zealand’s drop in the TI-CPI, reviews the HP acquisition of Autonomy and looks at the differences in Binance and FTX enforcement.  Kristy highlights the slave labor allegations, EU sustainability law, the ease of whistleblower restrictions, the EU and AI, and checks in on Florida Woman. Join Tom Fox and Kristy Grant-Hart as they delve deeper into these issues in this episode of the 2 Gurus Talk Compliance podcast.

Topics Discussed:

1.     Chinese Slave Labor Allegations Hold Up VW’s Audi, Porsche, and Bentley Vehicles in U.S. Ports (MotorTrend)

2.     EU Corporate Sustainability Due Diligence Law Most Likely Dead, For Now (Forbes)

3.     US Supreme Court’s UBS case makes it easier for whistleblowers to win suits (Reuters)

4.     How EU AI Act May Accelerate Compliance Regime for U.S. Enterprises (WSJ)

5.     The Tesla Board Chair is under scrutiny for oversight of the company.  (NYT)

6.     A tale of 2 corps: Binance and FTX. (Reuters)

7.     OECD at 25.  (The Hill)

8.     No DD, no problem as HP seeks $4bn from Mike Lynch.  (Bloomberg)

9.     New Zealand drops to No. 3 on TI-CPI. (The Conversation)

10.  Woman swipes $1.5 million and splurges on flights, Carnival cruises, Florida cops say (Yahoo)

Resources 

Kristy Grant-Hart on LinkedIn

Spark Consulting

Tom 

Instagram

Facebook

YouTube

Twitter

LinkedIn

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Daily Compliance News

Daily Compliance News: February 23, 2024 – The Corruption Tax 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:

  • Ohio residents paid the price for FirstEnergy corruption.  (Ohio Capital Journal)
  • The DOJ names the first AI officer. (Reuters)
  • 4-day work week issues. (FT)
  • More child labor in the US. (NYT)

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

Categories
TechLaw10

Eric Sinrod & Jonathan Armstrong on AI & ChatGPT

In this edition of TechLaw10, Jonathan Armstrong talks with Attorney and Professor Eric Sinrod. They examine the legal issues surrounding AI, the rise of chatbot ChatGPT, and the legal and ethical issues it raises.

The topics include:

    • A Discussion on Ethics & Technology
    • The Need for AI Not to Discriminate
    • The Use of AI in Recruitment
    • The Use of Chatbots for Harm
    • AI & Copyright Issues
    • Does ChatGPT lie, and if so, what are the consequences?
    • Political Bias with Chatbots
    • A 1996 Case that could limit the Lawful Activity of some chatbots
    • How AI Harvesting Data Could be a Criminal offense under Computer Misuse Legislation
    • How data subject rights under GDPR may impact AI

You can listen to earlier TechLaw10 audio podcasts with Eric and Jonathan at https://www.duanemorris.com/site/techlaw10.html

Connect with the Compliance Podcast Network at:

LinkedIn: https://www.linkedin.com/company/compliance-podcast-network/
Facebook: https://www.facebook.com/compliancepodcastnetwork/
YouTube: https://www.youtube.com/@CompliancePodcastNetwork
Twitter: https://twitter.com/tfoxlaw
Instagram: https://www.instagram.com/voiceofcompliance/
Website: https://compliancepodcastnetwork.net/

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Everything Compliance

Everything Compliance – Episode 129, The Tribute to Navalny Edition

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. In this episode, we have the quintet of Jonathan Armstrong, Jonathan Marks, Matt Kelly, Karen Woody, and Jay Rosen, all hosted by Tom Fox.

  1. Jonathan Armstrong talks about the most recent speech by the new SFO director. He rants about Julian Assange’s inane claims to be a journalist.
  2. Matt Kelly discusses the regulation of AI and looks at the new DFS regs around it. He shouts out to Alexei Navalny, who was murdered for his fight against corruption in Russia.
  3. Karen Woody takes a deep dive into the Panuwat trial and the concept of shadow insider trading. She rants about the senseless gun culture in America.
  4. Jonathan Marks discusses the state criminal charges in the FirstEnergy corruption scandal but then evolves into an epic rant, which he continues in Shout Outs and Rants about failures in corporate governance, internal controls, and gun violence in America. He really outdid himself this week.
  5. Jay Rosen looks at the dearth of DOJ-mandated monitorships and proposes a new concept, the self-monitorship. He shouts out the movie Love on the Spectrum and the Bill Bradley interview.
  6. Tom Fox shouts out to Ben Affleck for his DunKing Super Bowl commercial.

The members of the Everything Compliance are:

Jay Rosen: Jay can be reached at Jay.r.rosen@gmail.com

Karen Woody is 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 can be reached at jtmarks@gmail.com.

The host, producer, ranter (and sometimes 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.