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Compliance Leadership Week: Compliance Teams – Cracking the Code for Enhanced Effectiveness

We continue looking at leadership in the compliance function based on a series of recent articles by McKinsey on personal and team leadership. Today, we migrate from individual leadership lessons and issues to issues of compliance team leadership. This is for leadership internal to the corporate compliance function and leadership by the corporate compliance function within the greater organization. We use the article Go, teams: When teams get healthier, the whole organization benefits by authors Aaron De SmetGemma D’Auria,  Maitham Albaharna, and Anaïs Fifer, all with McKinsey, as a starting point for our exploration.

The stakes for effective teamwork have never been higher in the corporate compliance landscape. Teams have become the fundamental drivers of performance and value creation. This rings especially true within compliance departments, where cross-functional and inter-departmental collaboration is desirable and essential for regulatory adherence and ethical excellence. Yet, despite the rise in team autonomy and empowerment, many teams struggle significantly with collaboration and achieving measurable outcomes.

Research supports the harsh reality that three out of every four cross-functional teams fall short of expectations, performing below key metrics. This concerning statistic signals that organizations—and compliance departments in particular—must urgently reassess their approach to building, nurturing, and sustaining high-performing teams.

Debunking the Myths of Team Effectiveness

Two prevalent misconceptions frequently undermine organizational efforts to enhance team performance. First is the myth of the “heroic team leader,” the notion that a talented individual at the helm ensures collective success. Secondly, believing in “team chemistry,” or that teams naturally either click or don’t, fails to provide actionable insights. Both narratives obscure the critical structural and contextual factors shaping team outcomes.

Indeed, leadership skills are crucial. Equipping team leaders with enhanced competencies can yield incremental improvements. Yet, as compliance professionals, we must acknowledge that great leaders alone aren’t enough. Effective compliance teamwork goes beyond individual capabilities and chemistry—it is less art and more a science, demanding strategic consideration of deeper structural elements and systemic behaviors that drive genuine effectiveness.

Team Effectiveness: Moving Beyond Intuition

Compliance leaders often rely on intuition or experience to assemble teams, assuming that stacking teams with top talent automatically ensures optimal outcomes. Yet, this intuitive approach frequently misses the mark. Team effectiveness hinges less on the aggregation of individual “stars” and more on carefully balancing roles, skills, and collective behaviors aligned to the team’s specific purpose.

The U.S. men’s Olympic 4×100-meter relay team is a vivid example of this principle. Despite boasting individual runners of extraordinary speed and skill, repeated baton-passing issues have undermined their overall performance, notably resulting in disqualification at the 2024 Olympics. This illustrates a crucial compliance lesson. Top individual performers cannot guarantee collective success without effective coordination and practiced team collaboration.

Translating this to compliance, consider a team conducting an internal investigation. Staffing this team solely with the organization’s most talented individual specialists may seem sensible. However, without clearly defined roles, purposeful team interaction, and practice collaboration, such a team risks missteps, redundancies, or critical oversight, potentially exacerbating compliance risks.

The Science of Effective Compliance Teams

Recent research has pinpointed specific behaviors that drive team effectiveness, a concept we term “team health drivers.” These drivers represent actionable behaviors that consistently correlate with high-performing teams, which are particularly valuable for compliance professionals navigating intricate regulatory environments.

These health drivers fall under four essential pillars:

  1. Defining clear roles and ensuring diversity of perspectives and skills on the compliance team.
  2. Guaranteeing team clarity and unified commitment to the compliance program’s objectives and regulatory obligations.
  3. Assessing and enhancing how effectively the compliance team executes responsibilities, from risk assessment to enforcement.
  4. Establishing a sustainable work environment that allows compliance teams to maintain effectiveness long-term.

Applying these pillars practically, compliance officers can proactively diagnose and strengthen team effectiveness, resulting in robust regulatory adherence and enhanced organizational integrity.

Context Matters: Compliance Team Archetypes

Not every team requires identical behaviors to achieve effectiveness. Recognizing distinct team archetypes and contexts allows compliance leaders to tailor approaches more precisely. For example, investigative compliance teams may require stringent execution and clearly defined configuration. In contrast, compliance advisory teams interacting closely with business units might prioritize alignment and renewal behaviors to sustain effective long-term partnerships.

Understanding context-specific behaviors empowers compliance leaders to design teams strategically. Rather than generic team-building exercises, focus resources on targeted development areas precisely aligned to specific compliance team functions and organizational goals.

Creating Value Beyond the Top Team

Traditionally, organizations predominantly direct resources toward enhancing senior leadership teams, perceiving them as the greatest value drivers. While top-level alignment is undoubtedly vital, compliance leaders must recognize the indispensable role of middle management and operational compliance teams.

Teams closest to the organization’s front lines, such as customer-facing compliance staff, offer critical real-time insights into emerging risks and operational challenges. Prioritizing these teams can unlock significant value, enhance organizational responsiveness, and empower proactive compliance.

The Imperative for Compliance Leaders

Compliance leaders must embrace evidence-based team effectiveness approaches to navigate today’s fast-evolving regulatory landscape. Debunking myths, adopting scientifically validated team health drivers, and recognizing context-specific nuances position compliance departments for greater strategic impact.

As compliance professionals, the commitment to effective teamwork isn’t merely an administrative detail; it is fundamental to achieving sustained organizational integrity and robust regulatory compliance. The time is now to crack the code on compliance team effectiveness, transforming our teams from collections of talented individuals into cohesive units delivering exceptional collective outcomes.

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Innovation: Day 8 – The Compliance Function into the 2030s and Beyond

Today, we look at the Compliance Function. The pandemic accelerated changes in compliance that have been percolating for the last few years. Indeed, I believe that in as short a time as 5 years, 2020 will be seen as an inflection point in compliance, IE., the Year When Everything Changed. There are four major changes I would like to highlight and what these changes portend for compliance down the road.

Compliance Convergence. In 2019, there were three significant releases of information by the federal government, which directly impacted compliance professionals.

Public/private partnership in the anti-corruption fight. Over the past few years, the DOJ has gone far toward laying out real incentives for corporations to help in the fight against the international scourge of bribery and corruption.

Data, Data, Data. The DOJ has made it clear that it expects companies to be more robust in their use of data analytics in compliance programs.

Compliance as the Ethical Edge. We have known for many years that companies with more robust compliance programs were most generally better-run companies.

This academic research and other case studies demonstrate that effective compliance programs equate to more efficient business processes and lead to greater profitability. As senior business leaders come to understand this message, they will (properly) see compliance as a business process that can be analyzed and improved through continuous improvement to make companies run more efficiently and, at the end of the day, more profitably. These companies do not make money because they have a better heart. They are more profitable because they are better run. Finally, all of this ties back to a requirement from the DOJ for continuous improvement of your compliance program.

Three key takeaways:

  1. It’s all about compliance now.
  2. Compliance connectedness.
  3. It’s all about the data.

For more information, check out The Compliance Handbook, 4th edition, here.

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Principals of Effective Organizations: Part 2 – Olivia Newton-John and Operationalizing Compliance

We also lost someone Monday who was a cultural phenomenon for many decades, Olivia Newton-John, the beautiful Australian singer who burst on the US scene in 1974. She is probably best known as the heartthrob Sandy in the movie version of Grease where she put the singer’s chaste image behind her. According to her New York Times (NYT) obituary, “her character, Sandy, transformed from a pigtailed square smitten with John Travolta’s bad-boy Danny to a gum-smacking bad girl. “Grease” became one of the highest grossing movie musicals ever, besting even “The Sound of Music.” Its soundtrack was the second best-selling album of the year, beaten only by the soundtrack for “Saturday Night Fever,” which also starred Mr. Travolta.” If you can watch Grease without singing along, you are probably dead.

For my personal tribute I will quote a Facebook post from my friend Bill Dyer who I have known since 1976 when he was my RA at the University of Texas. Dyer penned the following, “In the summer of 1974, before my senior year at Lamesa High School, I was a full-time DJ at KPET-AM. Olivia Newton-John’s “If You Love Me, Let Me Know” album had come out in May, and we had a promotional copy at the station…The single I was *supposed* to play from this album was the country & western(ish) title song, “If You Love Me, Let Me Know” — consistent with our station’s C&W format. But the track that I personally preferred from the album was this song, I Honestly Love You. The programming director gave me grief about it, and I did indeed also play “If You Love Me, Let Me Know.” But this was THE heart-throb song of the summer. And yeah: It still gets me. Requiescat in pace, Olivia Newton-John. You were jaw-droppingly talented and lovely, and your music will continue to summon forth some of my most vivid memories of my young adulthood.”

We are currently exploring 10 Principles of Effective Organizations, by Michael O’Malley. The author identified 10 research-backed principles from the field of organization development to guide companies and I have adapted them for the compliance professional. Yesterday in Part 1, we took up his first five, focusing on the Chief Compliance Officer (CCO), and today we conclude with his final five, focusing on operationalizing your compliance program.

Diversify your workforce — and create an inclusive environment

 Every CCO should be modeling diversity, but the author makes clear the benefits of diversity, noting “Complex tasks require a diverse mix of viewpoints and abilities to satisfactorily complete.”  For compliance this need will only grow with the need for a diversity of subject matter expertise (SME) in a corporate compliance function, including compliance, legal, behavioral psychology and behavioral organization, data scientist and a host of others.

Compliance functions in 2025 and beyond will “require large numbers of different agents to enhance system reliability and resilience.” In addition to the diverse workforce and discipline need for any compliance program, you should consider diversity of citizenship so that not all your compliance talent is from the domicile from your home country. You should also consider bringing other corporate disciplines into your compliance function on a rotating basis such as sales leaders, senior executives and Human Resource (HR) functionaries as well.

Promote personal growth

Almost stating table stakes in the 2022 corporate world, the author states, “An effective talent management program is one in which a company has a large pool of able, external job candidates, sufficient competent coverage of existing positions, succession plans throughout the organization, and a panoply of support programs: career counseling and development, career planning workshops and vocational assessments, mentoring and coaching programs, and in-house training and educational assistance to augment employees’ career objectives.”

Now take this base line and overlay what the Department of Justice (DOJ) has told us over the years. In theFCPA Corporate Enforcement Policy it states, “The quality and experience of the personnel involved in compliance, such that they can understand and identify the transactions and activities that pose a potential risk;”. This means not simply hiring competent compliance department personnel but also that they continue to grow within the compliance profession by going to conferences and growing professionally in other ways (such as reading blogs and listening to podcasts).

 Empower people

 While many CEO-types believe “the practice of empowerment in organizations is often like a parent handing the keys of a high-performance vehicle to their teenager and hoping, day after day, that the car will return intact.” CCOs and other compliance professionals recognize that empowering not simply your compliance team but indeed your employee base to ‘do compliance’ is a key manner to operationalize your compliance program to make it effective.

Always remember that as a CCO or compliance professional, your customers are your employees, and this can extend to other stakeholders such as key third-party partners. Empower these groups to do compliance and they can become not simply your good friends but also will allow you to move from a detect mode to a prevent mode. This also ties into having a true speak up culture in an organization.

Reward high performers

Here the author focuses on based pay for performance plans for employees. He believes that rewarding high performers can “increase job satisfaction and motivate action and, when appropriately structured, are instrumental in producing environments in which the best help the rest. Indeed, it is common in teams that the top members will lift the performances of good, but less capable, members.”

Yet when you consider rewarding your employee base for doing business ethically and in compliance you should consider the same benefits as a part of your compliance program. The DOJ has long recognized this as far back as the original edition of the FCPA Resource Guide which continues to state in the 2nd edition, “DOJ and SEC recognize that positive incentives can also drive compliant behavior. The incentives can take many forms such as personnel evaluations and promotions, rewards for improving and developing a company’s compliance program, and rewards for ethics and compliance leadership.” So, reward your high performers for doing business ethically within your company’s values in addition to your compliance function personnel who do great work.

Foster a Leadership Culture

Even in 2022, ethics and compliance all starts at the top. The author correctly notes, “Everyone who has worked in an organization knows the affective power of leadership and its effects on culture, both good and bad.” Appropriate tone at the top and a compliance program and function to back up “supportive, inclusive management practices that provide assurances of safety allow people to take reasonable risks, make mistakes, speak up and challenge the status quo, and ask for help and request resources to make improvements” will help your organization going forward.

Senior management who create safe environments encourage “employees to more openly and beneficially interact, learn and grow, display greater creativity, and think of themselves as potent and efficacious actors will reap those benefits. Despite the known value of leadership, organizations frequently show little genuine interest in the quality of leadership by foregoing meaningful assessments and by being far too accommodating of managerial miscreants who may be productive but are toxic to the organization’s culture.”

The author concludes, “Fulfilling these 10 principles is a tall order.” Nonetheless, any CCO who puts these into practice will have a compliance function that should be resilient and able to respond to market or regulatory changes when needed and does business ethically and in compliance through a fully operationalized compliance regime.

Tom’s Top 5 Olivia Newton-John Playlist (all from YouTube)

I Honestly Love You

You’re the One I Want

Summer Nights

Xanadu

Let Me Be There

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31 Days to More Effective Compliance Programs

Day 25 | Compliance function in an organization


The role of the compliance professional and the compliance function in a corporation has steadily grown in stature and prestige over the years. When it came to the corporate compliance function, 2012 FCPA Guidance, under Hallmark Three of the Ten Hallmarks of an Effective Compliance Program, simply noted the government would “consider whether the company devoted adequate staffing and resources to the compliance program given the size, structure, and risk profile of the business.”
This Hallmark was significantly expanded in both the 2019 Guidance and the FCPA Corporate Enforcement Policy. And in so doing, the DOJ has increased the prestige, authority and role of both the corporate compliance function. The 2019 Guidance has four general areas of inquiry around the corporate compliance function. (1) What is the seniority and stature of the compliance function within an organization? (2) What are the experience and stature of the compliance personnel with an organization? (3) What is the funding and resources made available to the compliance function? (4) How much autonomy does the compliance function have to report to the Board of Directors?
Three key takeaways:

  1. How is compliance treated in the budget process?
  2. Has your compliance function had any decisions over-ridden by senior management?
  3. Beware outsourcing of compliance as any such contractor must have access to company documents and personnel.