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Daily Compliance News

Daily Compliance News: April 2, 2024 – The Welcome to CW24 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 in 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:

  • Autonomy paid whistleblower for wrongful termination. (Law360)
  • Shell appeals climate change ruling. (FT)
  • More 1KDB-Swiss bankers are on trial. (Bloomberg)
  • More apartment seizures in NYC, this time in Trump bldg. (forbes)

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

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Everything Compliance

Episode 94, the National Archives Edition


Welcome to the only roundtable podcast in compliance. The entire gang was also recently honored by W3 as a top talk show in podcasting. In this episode, we have the full gang of Jonathan Marks, Karen Woody, Jonathan Armstrong, Tom Fox, Matt Kelly and Jay Rosen. We discuss a potpourri of issues. We conclude with our fan favorite Shout Outs and Rants.

  1. Karen Woody reviews the recent HeadSpin SEC enforcement action, explaining how the SEC has jurisdiction over a private company, the significance of an enforcement action with no fine or penalty and the corporate governance issues involved. Karen shouts out to the Super Bowl Halftime show for throwing love on 90s music and musical stars.
  1. Jay Rosen discusses the recently released Commission on Combatting Synthetic Opioid Trafficking Report. Rosen shouts out to celebrity chef Jose Andreas for creating the Gazpacho Police in the 1990s long before Marjorie Green Taylor accused Nancy Pelosi of doing so and for inviting Rep. Taylor to join, provided she is vaccinated and wears a mask to the restaurant.
  1. Matt Kelly looks at the Joe Rogan and Spotify imbroglio, focusing the attempts of Spotify CEO Daniel Ek to focus the spotlight on Rogan and not Spotify. Kelly shouts out to that unknown US criminal enforcement agency, the National Archives which raided Mar-A-Lago where the former President had purloined some 15 boxes of Presidential papers and materials. He also gives a minor shout out to New York Times columnist Maggie Haberman who in an upcoming book reported the former President flushed documents down the toilets at the White House.
  1. Jonathan Marks discusses continuous controls monitoring and continuous auditing as best practices for compliance, risk management and fraud prevention programs. Marks shouts out to the Philadelphia 76ers for getting rid of Ben Simmons who refused to play for them. He implores Simmons to get a new agent for his disastrous handling of the entire situation.
  1. Jonathan Armstrong discusses the civil verdict for HP in its case against Autonomy and the Extradition Order delivered by the Home Secretary for Mike Lynch to go to America to stand for a US criminal trial. Armstrong shouts out to Queen Elizabeth II for her 70-year reign on the English throne.
  1. Tom Fox has a melancholy shout out to the University of Michigan School of Law and greater legal education profession, which lost two stalwart professors recently; Yale Kamisar, Father of Miranda and Terrance Sandalow, former Dean of the Law School. 

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 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, 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
Shakespeare on Compliance

Shakespeare on Compliance –The Fool (In theater and in business)

In this podcast series, I have used the current Broadway performance by Glenda Jackson as King Lear to introduce several compliance topics. Today, I want to discuss the role of The Fool. Initially I should note that the actor who played it, Ruth Wilson, also played Cordelia; which in and off itself is rather amazing. The Fool did well to speak truth to power during the play and Wilson was excellent in both roles.

Wilson’s performance as The Fool added a shading of interpretation that certainly works. It also informs today’s review topic which is who was the fool and who was the criminal in one of the most notorious acquisitions in recent memory, the Hewlett-Packard (HP) acquisition of the UK company Autonomy.  The matter is now on trial in London, it being the largest UK civil trial in history with HP claiming some $5 billion in damages. The former Autonomy CEO Mike Lynch is in the dock as he will be in the US when his criminal case goes to trial sometime after the conclusion of this civil action.
The trial began last month and the fireworks have already started, with HP claiming Lynch and his former CFO engaged in massive fraud; the trial judge asking HP what accounting standards they used to evaluate HP and Lynch basically saying HP dropped the ball completely in both the acquisition and after closing for a variety of reason. Based upon all of this tomfoolery I thought a review of HP actions was warranted today.
Perhaps the simple truth is that everyone involved in this matter was a Fool.