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Daily Compliance News

April 1, 2020-the Not Fools Edition


In today’s edition of Daily Compliance News:

  • Pemex official jailed over bribery allegations. (com)
  • How will COVID-19 impact your supply chain? (NYT)
  • Huawei warns Beijing may retaliate against US companies. (WSJ)
  • BP tells workers their jobs are safe for 3 months. (Houston Chronicle)
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ComplianceLIVE

ComplianceLive Episode 15: Open Door Policies and Other Compliance Reporting Myths


Amanda welcomes back Account Management Associate Jenni Franz to the show for a fun conversation about intake method myths.

Check out more episodes and full episode videos at ComplianceLine.com, and don’t forget to subscribe on your favorite podcast platform!

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31 Days to More Effective Compliance Programs

Moving Data Science the Last Mile


This is still a tricky area for most legally trained compliance professionals as law schools are far behind the business world in teaching these skills. Yet, not only data analysis but also the presentation of data in a visual format will be a key skill for every Chief Compliance Officer (CCO) and compliance practitioner going forward. However, if you do not possess those skills yourself, you can create a kitchen cabinet of experts, from the talent available across your company, which  you can call upon to help you going forward. For the CCO, this will require extensive out of the box thinking to help you not only understand the data and analytics but think through how to present it in the most efficient manner to your leadership.
Three key takeaways:

  1. Look for talented and curious employees to be a part of your data science team.
  2. Encourage cross-mentoring to facilitate skills learning and transference.
  3. Moving the final mile is the most challenging.
Categories
This Week in FCPA

Episode 197 – the Compliance Doesn’t Sleep edition


While the coronavirus dominated the news this past week, compliance doesn’t sleep and neither did we. Self-distancing Tom and Jay are back to consider some of the other top compliance articles and stories which caught their eye this week.

  1. Compliance Week has a plethora of articles relating to Coronavirus. Aaron Nicodemus considers why ethics pays; Jaclyn Jaeger on designing a crisis management plan and Dave Lefort on why ethical leadership is even more critical now.
  2. Chilling from home? Dick Cassin offers some good compliance-related movies for socially distanced compliance professionals in the FCPA Blog.
  3. Revisiting inherent conflicts of interest. Jeff Kaplan in the Conflict of Interest Blog.
  4. Coronavirus is no excuse for not being vigilant. Kevin Abikoff and Mike Huneke in the FCPA Blog.
  5. Charles Middleton says we should stop blackballing whistleblowers. In CCI.
  6. What are MLATs and are they abused? Dave Michaels and Aruna Viswanatha in the WSJ Risk and Compliance Journal.
  7. Mike Volkov takes a deep dive into an Anti-Trust Compliance Program in a 3-part series on Corruption, Crime & Compliance. Part 1-Risk Assessments, Part 2– Ethical Culture and Monitoring, Part 3- Training and Speak Up and Reporting Systems.
  8. What’s the Board’s role in the coronavirus crisis? Jonathan Marks in the BoardandFraud Blog.
  9. Is Managerial Entrenchment Always Bad and Corporate Social Responsibility Always Good? In the Harvard Law School Forum on Corporate Governance.
  10. Reflections on the Golden Boy from Jay.
  11. On the Compliance Podcast Network, Tom opens a new month by looking at the role of innovation in compliance on 31 Days to a More Effective Compliance Program. This week saw the following offerings: Monday-the Digital Twin and P&L of One; Tuesday-Superforecasting; Wednesday-blockchain for compliance; Thursday-Design Thinking for compliance; Friday-AI as a competitive advantage. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here. This month’s sponsor is Affiliated Monitors, Inc.

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

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This Week in FCPA

Episode 196 – the We Won’t Screw You (Again) edition

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As the new Wells Fargo CEO tells Congress that things are really different this time, Tom and Jay reflect on the corporate scandal that may well never end and consider some of the other top compliance articles and stories which caught their eye this week.

  1. Compliance Week has a plethora of articles relating to Wells Fargo. Aaron Nicodemus considers the testimony of Charlie Scharf; Jaclyn Jaeger on Lessons Learned and Board resignations. (Even though a subscription is required for these articles, if you go to Compliance Week site and register for a free account to view four articles at no charge.)
  2. John Wood Group reserves $46MM for anti-corruption settlement. Dylan Tokar in the WSJ Risk and Compliance Journal.
  3. Is unified transaction monitoring a paneca? Sujata Dasgupta explains in CCI.
  4. Is every email a FCPA violation? Bill Steinman asks in the FCPA Blog.
  5. OCC issues some excellent guidance around 3rd Matt Kelly considers in Radical Compliance.
  6. Wow moments in compliance, Part 4. Geert Vermeulen continues his 5-part series in Risk and Compliance Platform Europe.
  7. What are the dangers of a hyper-focused sales culture? Mike Volkov explores in Corruption, Crime & Compliance.
  8. Supply Chain and coronavirus. Global Supply Chain Blog.
  9. Economic crime levy in UK. Jonathan Rausch considers in Dipping Through Geometries.
  10. Banks behaving badly, parts 3088 and 3089. SwedBank and Fifth Third.
  11. On the Compliance Podcast Network, Tom opens a new month by looking at the role of innovation in compliance on 31 Days to a More Effective Compliance Program.This week saw the following offerings: Monday-Compliance capabilities needed to use AI programs; Tuesday-4 practices for delivering an AI solution; Wednesday-Finding compliance patterns in raked leaves; Thursday-Using AI in compliance contracting; Friday-taming complexity in compliance. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here. This month’s sponsor is Affiliated Monitors, Inc.

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

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This Week in FCPA

Episode 195 – the Where are you going for Spring Break edition


With travel bans coming to the fore, Jay worries about Spring Break while Tom heads to DisneyWorld. They take a break to consider some of the top compliance articles and stories which caught their eye this week.

  1. The Cardinal Health FCPA enforcement action. Harry Cassin breaks the story on the FCPA Blog. Tom looks at business relationships in the FCPA Compliance and Ethics Blog. Matt Kelly considers management’s role in Radical Compliance. Mike Volkov considers on Corruption Crime and Compliance. Jaclyn Jaeger considers on Compliance Week. (sub req’d)
  2. Is your compliance program effective? Mike Volkov explores on Corruption Crime and Compliance.
  3. The Astros sign stealing scandal and breach of fiduciary duty. Mike Peregrine in the Harvard Law School Forum on Corporate Governance.
  4. CRO fined $450,000 individually for failures in compilance. Kristin Broughton in the WSJ Risk and Compliance Journal.
  5. Does conflict rob you of success? Linda Henman in CCI.
  6. Wow moments in compliance, Part 3. Geert Vermeulen continues his 5-part series in Risk and Compliance Platform Europe.
  7. Are you under pressure as a compliance professional. We suggest you read Julie DiMauro in the FCPA Blog (and then listen to both David Bowie and Queen)
  8. How can you manage digital disruption? Jim DeLoach considers in Part 1 of a two-part series on CCI.
  9. On the Compliance Podcast Network, Tom opens a new month by looking at the role of innovation in compliance on 31 Days to a More Effective Compliance Program.This week saw the following offerings: Monday-What is Innovation in Compliance; Tuesday-Welcome to ComTech; Wednesday-skills needed for innovation; Thursday-the advantage of data in compliance; Friday-strategies for and with AI in compliance. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here. This month’s sponsor is Affiliated Monitors, Inc.
  10. Join Tom in Houston on March 10 as Convercent is hosting a Roundtable, from 12-2 at Steak 48. Our featured speaker will be Philip Winterburn and featured guest is Terri Springer from HP. We will focus on key KPIs for compliance. Information and Registration here.
  11. Join Tom in NYC on Thursday, March 12 as Convercent is hosting an Innovation Forum from 3:30-7 PM at Santina. This event will allow you to network with like-minded individuals within the ethics and compliance space and hear from Thomas Fox and Philip Winterburn as well. For more information and registration click here.
  12. If not Houston or NYC, how about joining Tom in Philly? Join Baker Tilly and the Philadelphia Chapter of the Institute of Internal Auditors for the 2020 Fraud and Ethics Symposium. Information here and registration here

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

Categories
Popcorn and Compliance

Leadership Lessons from Out of Africa


Richard Lummis and I are back. Today, continue our annual review of Oscar winning Best Pictures and the leadership lessons drawn from them. Over the next four weeks we will consider the following movies: Casablanca, Rocky, The Greatest Show on Earth and Out of Africa. Today, we conclude our series with Out of Africa.
Highlights of this podcast include:

  1. What are our favorites scenes from the movie?
  2. What are the leadership lessons from Karen Blixen?
  3. What are the leadership lessons from Denys Finch Hatton?
  4. Is your business resilient?
  5. Culture outside the US?
  6. Do these lessons from this movie hold up today?

Resources
Leadership Lessons from Out of Africa
Study Guide to Out of Africa
A Historian Goes to the Movies
Out of Africa – 10 Inspirational Quotes from Karen Blixen

Categories
This Week in FCPA

Episode 193 – the Astros Blowback Continues edition

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As the blowback on the Astros, MLB, Commisioner Rob Manfred continues to get worse, Jay and Tom are back to consider some of the top compliance articles and stories which caught our eye this week.

  1. Airbus still making news. Asher Miller provides 5 key takeaways for the compliance practitioner in the FCPA Blog. Dylan Tokar reports on more follow on investigations in the WSJ Risk & Compliance Journal. Joanne Taylor joins Tom on the FCPA Compliance Report to consider the UK perspective. Tom considers the French enforcement perspective in the FCPA Compliance and Ethics Blog.
  2. Another sentencing in the PdVSA ongoing bribery scandal. See the DOJ Press Release.
  3. What are WOW moments in compliance? Geert Vermeulen begins a 5-part series in Risk and Compliance Platform Europe.
  4. How do compliance officers show their worth? Dick Cassin explain in the FCPA Blog.
  5. Is it time to rebalance your 3rd party risk management strategy? Mike Volkov reports in Corruption Crime and Compliance. Mike writes about the importance of classifying your 3rd parties in Navex Global’s Ethics & Compliance Matters blog.
  6. Is the tide turning against whistleblowers? Aaron Nicodemus explores in Compliance Week. (sub req’d)
  7. Civil damages for corruption claims? Rick Messick considers on the Global Anti-Corruption Blog.
  8. New round of Alstom employee indictments. Dick Cassin reports in the FCPA Blog.
  9. What is a moral hazard moment? Jeff Kaplan explains on the Conflict of Interest blog.
  10. On the Compliance Podcast Network, Tom begins a one month look at the role of HR in compliance on 31 Days to a More Effective Compliance Program.This week saw the following offerings: Monday-succession planning and compliance; Tuesday-compliance performance appraisal review; Wednesday-Hiring a CCO: developing a job profile; Thursday-sales incentives and compliance;Friday-the exit interview. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here.
  11. Join Tom to watch Jay on the panel with other compliance experts in the Dow Jones Refining Compliance Risk event in Hosuton on Tuesday, February 25 from 10 AM to 12 PM. For information and registration click here.
  12. Join Tom in NYC on Thursday, March 12 as Convercent is hosting an Innovation Forum from 3:30-7 PM at Sabrina. This event will allow you to network with like-minded individuals within the ethics and compliance space and hear from Thomas Fox and Philip Winterburn as well. For more information and registration click here.

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

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This Week in FCPA

Episode 191 – the All Hail Airbus edition


Reports are that Airbus would settle corruption allegations for nearly $4bn in England were correct. Jay and Tom are back to consider some of the top compliance articles and stories which caught our eye this week.

  1. Airbus commentary is out. Dick Cassin on the FCPA Blog, Mike Volkov on Corruption Crime and Compliance, Tom Fox on the FCPA Compliance and Ethics Blog and Jonathan Armstrong on Cordery Compliance all lead the discussion.
  2. COSO warns of siloed compliance. Kristin Broughton in the WSJ Risk and Compliance Journal.
  3. Odebretch extends monitorship 9 months. Will that be enough? Mengqi Sun explores in the WSJ Risk and Compliance Journal.
  4. What about small annual changes in the TI-CPI? Matthew Stephenson goes diadic in the Global Anti-Corruption Blog.
  5. Is new DOJ Guidance a sword or shield or both? Jay continues his series in CCI.
  6. How to grow your compliance program as your company scales. Gio Gallo explains in CCI.
  7. Worried about CCO liability? Matt Kelly explores on Radical Compliance.
  8. Bernie Ebbers passes. A moment of silence for his role in compliance. Jim Zarolli in NPR.
  9. Speaker programs and big pharma. WilmerHale lawyers opine in NYU’s Compliance and Enforcement Blog.
  10. On the Compliance Podcast Network, Tom begins a one month look at the role of HR in compliance.This week saw the following offerings: Monday-introduction to the role of HR in compliance; Tuesday-the role of HR in creating an ethical culture; Wednesday-the hiring process; Thursday-the reference check. Friday-incentivizing compliance. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel. If you want to binge out and listen to only these episodes, click here.
  11. Join Tom for the webinar, The Houston Astros: Ethics, Compliance and Sign Stealing onThursday February 13, at 2 PM CST. Registration and information here.

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

Categories
This Week in FCPA

Episode 184 – the The Rise of Skywalker edition

Tom and Jay are awaiting their bookings to see the final installment in the 9-part series of the Star Wars saga. While waiting, they consider of this week’s top compliance and ethics stories which caught their collective eyes.
1.     Tim Leissner settles with the SEC. Dick Cassin. Tom takes a deep dive in the FCPA Ethics and Compliance blog.
2.     Aly McDevitt with two great articles on talks at CW Third Party Conference.
3.     Mexico getting serious about fighting corruption. Luis Dantón Martínez Corres in the FCPA Blog.
4.     Culture lessons from Coca Cola. Gary Patterson and Robert Baker in CCI.
5.     Jay looks at the expansion of the corporate integrity monitor, in CCI.
6.     Cyber enforcement and FTC expectations. Avi Gesser and Molly O’Malley Clarke in NYU’s Compliance and Enforcement blog.
7.     What is the intersection of corp oversight and disobidience? Elizabeth Pollman in the Harvard Law School Forum on Corporate Governance.
8.     How and why should you manage your corp culture? Jim DeLoach in CCI.
9.     New DOJ Cooperation Policy on Trade Sanctions and Export Control. Matt Kelly in Radical Compliance.
10.  Insurance to protect you from populism? Liam Fitzpatrick on the D&O Diary.
11.  On the Compliance Podcast Network, Tom and Jay celebrate the opening of The Rise of Skywalker with a five part podcast series on the intersection of Star Wars (IV-VIII) and compliance. In Part 1, A New Hope and Risk; in Part 2, The Empire Strikes Back and Due Diligence; in Part 3, The Return of the Jedi and Effective Training; in Part 4, The Force Awakens and Disruption in Compliance and in Part 5, The Last Jedi and BOD Role in Succession.
Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.
For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.