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This Week in FCPA

Episode 172 – the Tribute to Joe Mont edition

This episode begins on a somber note as Tom and Jay note the passing of Compliance Week reporter Joe Mont and what he meant to the greater compliance community. They then turn to discuss some of this week’s top compliance and ethics stories which caught their collective eyes.
1.    Tributes to Joe Mont.
2.    Mike Volkov takes a deep dive into the recent Business Roundtable Statement on the Purpose of a Corporation on Corruption Crime and Compliance.
3.    Former Cognizant Technologies COO, Sridhar Thiruvengadam, settles FCPA charges. Dick Cassin.
4.    Netherlands proposes nationwide AML system. John Rusch reports.
5.    What is an ethical culture and why does it matter? Jay begins a multipart series.
6.    What is algomerithic corporate misconduct. Milhailis Diamantis explores.
7.    Despite prevaling opinions, CCO is not a ‘god’. Clara Hudson reports on the Odebrecht CCO remarks at SCCE.
8.    Do UK DPAs throw individuals under the bus? Ross Dixon asks.
9.    Mary Shirely tells you how to ace job interviews.
10. Tom continues his preview of the Converge19 speakers in a special bonus series of podcasts on the Compliance Podcast Network. Check out the following: Monday-Scott McCleskey on mapping the ethical risk in your company;  Tuesday-Valerie Towery on cross functional collaboration; Wednesday-Kurt Stitcher on Operation Globalization; Thursday-Matt Kelly on Developing Effective Strategies for Third Parties & Data Security Risk and Friday– Anna Aster on The Future CECO: The Executive Recruiter’s Perspective. The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTubeSpotifyand theCompliance Podcast Network.
11. The Everything Compliance gang will be doing its first live podcast at Converge19. You should be there! Listeners to this podcast can obtain a complimentary ticket by using the promotion code foxvip, for registration and information, 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.
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.
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FCPA Compliance Report

Episode 444, Jim Murphy on the Dangers in Using Slack

In this episode I visit with podcast favorite Jim Murphy, who is the VP of Products at Hanzo. We discuss a recent article by Murphy which appeared on Corporate Compliance Insights and was entitled, The Shark in the Wave: Revealing the Lurking Danger of Slack Data.It detailed the dangers from Slack from a compliance and investigative perspective. Highlights from the podcast include:

  1. Murphy’s role at as VP of Products at Hanzo
  2. Why did you write, The Shark in the Wave: Revealing the Lurking Danger of Slack Data?
  3. A discussion of rise of Slack as a common business tool.
  4. What are the dangers in using Slack from the compliance and investigative perspectives?
  5. How can a company think though managing these risks?

For additional reading, see Murphy’s article, The Shark in the Wave: Revealing the Lurking Danger of Slack Data, on Corporate Compliance Insights by clicking here.

Categories
This Week in FCPA

This Week in FCPA-Episode 169 – the how deep is the ocean edition

As Donald Trump invites Russia back into the G7 and plans the next summit at his resort.  Tom and Jay look at that COI and discuss some of this week’s top compliance and ethics stories which caught their collective eyes.
1.    How deep is the ocean? Jeff Kaplan asks that metaphorical questions as a way to introduction his piece on Trump’s conflicts of interest.
2.    Why is there is no easy answer to the supply side of bribery? Jessica Tillipman explains.
3.    Matthew Stephenson says it is time to retire the term “passive bribery”.
4.    The use of monitors in licensing and disciplinary proceedings. Jay continues his series.
5.    Deutsche Bank settles ‘sons and daughters’ hiring case..
6.    Fraud allegation hits academia. Jonathan Rausch explains.
7.    What happens when the middle of your organization is rotten? Mike Volkov explains.
8.    What are some of the issues for AI in Compliance? Tom explores in a 4-part blog post series, all on the FCPA Compliance Report.
9.    Interested in the Science of Star, Trek the Original Series? Then this week has been the week for you on the Compliance Podcast Network as Tom was joined by Ben Locwin to look at some of the science from TOS.
10. Join Tom and Jay and a host of other great speakers and guest at Converge19 in Denver October 2 & 3. Listeners to this podcast can obtain a complimentary ticket by using the promotion code foxvip, for registration and information, 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.
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.
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Everything Compliance

Episode 52-Greenland Purchase Edition

Welcome to the only roundtable podcast in compliance. Today, we have a quartet of Jay Rosen, Matt Kelly, Sarah Hadden and Mike Volkov. We focus on the President Trump’s putative initiative to purchase the country of Greenland. We consider the proposed purchase from the compliance perspective. Rants and shouts outs follow the commentary for this episode.
  1. Mike Volkov considers the proposed purchase through the lens of Mergers and Acquisitions under the FCPA. He also highlights the 2018 amendment to the FCPA Corporate Enforcement Policy on safe harbor in M&A under the FCPA. Volkov is not sure if he is shouting out to the Business Roundtable for their Statement on the Purpose of a Corporation or ranting about the Business Roundtable’s ‘profound grasp of the obvious” in releasing the Statement.
  2. Jay Rosen follows up on Mike’s FCPA analysis in considering how someone might look at the sale in assessing the culture of Greenland and how it would fit into the acquirer’s portfolio of purchased territories. Rosen shouts out for America to ‘get Spicy’ as former White House Press Secretary (when there was such a position) Sean Spicer joins Dancing with the Stars.
  3. Sarah Hadden considers how a journalist might cover the proposed purchase. She also weighs in as the Publisher of Corporate Compliance Insights on the types of compliance related stories she sees from the proposed purchase. Hadden shouts out for unplugging.
  4. Matt Kelly considers the proposed purchase from the internal controls and SEC reporting perspective. Kelly comes in hot to blast the Business Roundtable over its Statement on the Purpose of a Corporation.
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
  • Mike Volkov– One of the top FCPA commentators and practitioners around and the Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at mvolkov@volkovlawgroup.com.
  • 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 lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com
  • Sarah Hadden–Publisher at Corporate Compliance Insights. Hadden can be reached at Sarah@corporatecomplianceinsights.com
The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network.
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This Week in FCPA

This Week in FCPA-Episode 166 – the El Paso and Dayton tragedies edition

Our hearts go out to the communities which have suffered gun-massacre tradgedies, the most recent being in El Paso TX and Dayton, OH. They consider this issue from the compliance perspective and turn their collective eyes to some of this week’s top compliance and ethics stories.
1.    What is the corporate response to El Paso and Dayton? Tom and Matt Kelly explore in Compliance into the Weeds. Kristen Broughton considers corporate disclosures 2.    Congress considers a anti-foreign extortion bill to supplement the FCPA. Dick Cassin reports. 3.    Is a world free of corruption a dream of fools? The Basel Institute on Governance says no. 4.    What is cognitive governance? James Bone begins a 5-part series. 5.     AML and Sanctions Trends Under the Trump Administration. Lawyers from WilmerHale explain. 6.    What it the federal extortion and blackmail statute? Sara Kropf begins a two-part series. 7.    Does everyone want to do the right thing? Calvin London says maybe not in CCI. 8.    How to make your Code of Conduct great. Ed Petry tells us. 9.    Swiss bank ignores compliance officer; pays $10.7M for tax evasion. Jaclyn Jaeger reports.10.  SFO issues guidance for corporate cooperation. 11. Join Jay Rosen and myself for a 5 part exploration of Everything You Always Wanted to Know about Monitors But Were Afraid to Ask. Sponsored by AMI, it is a special production of the Compliance Podcast Network. 12.  Our colleague, Doug Cornelis successfully participated in the annual 2-day, 192 mile Pan-Mass Bike Challenge which raises money for the fight against cancer. I hope you will join me again in supporting Doug by donating to PMC. Information on Doug’s ride, why he rides and donation button are all found here.13.  Looking for one of the top conferences around. Look no further than Converge19, which is being put on by Convercent on October 2-3. Listeners to this podcast can garner a complimentary pass by using the code “foxvip”. Registration and information can be found 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.  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.

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Daily Compliance News

Daily Compliance News: August 9, 2019, the lying doesn’t matter edition

In today’s edition of Daily Compliance News:

  • Auditors in UK begin to fire shady clients. (FT)
  • Novartis CEO says it didn’t matter that company misled FDA. (NYT)
  • Banks hand over documents on Trump business dealings with Russia. (WSJ)
  • NCAA targets Rich Paul with its new anti-Rich Paul Rule. (SI)
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Daily Compliance News

Daily Compliance News: August 6 2019, the SFO names names edition

In today’s edition of Daily Compliance News:

  • Four Petrofac managers named by SFO in bribery scheme. (The Guardian)
  • Good work if you can get it; law firm’s bills NRA $97K per day. (AboveTheLaw)
  • Is this why chicken costs so much? (WSJ)
  • Businesses struggle to come to grips with massacares. (Dealbook)
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Daily Compliance News

Daily Compliance News: August 3, 2019, the let them eat cake edition

In today’s edition of Daily Compliance News:
Wells Fargo does not only abuse customers but vendors as well. (WSJ)
PwC fined in Mexico. (MarketWatch)
Right wing groups want CITGO to go down. (Houston Chronicle)
FCR fines KPMG $6.1MM? (WSJ)

Categories
This Week in FCPA

This Week in FCPA-Episode 165– the Greinke to the Astros edition

The Astros hit a home run on the last minute of the trading deadline by obtaining Zack Greinke and Jay asks just how insufferable Tom will be until the Astros win the World Series again (Hint: Very). While Tom gloats, he and Jay turn their collective eyes to some of this week’s top compliance and ethics stories.
  1. Third parties are still the highest FCPA risk. So why are you still using them? Alexandra Gillies explores.
  2. How to manage high-risk distributors? Mike Volkov with a 2 part series.
  3. What is conspicuous integrity in the corporate setting? Shirin Ahlhauser explains.
  4. What is cognitive governance? James Bone begins a 5-part series.
  5. What is present responsibility and how does it related to debarment? Jay explains.
  6. What are the disclosure and notification requirements when managing a crisis? Lawyers from Cleary Gottlieb explain.
  7. Wonder if ethics and compliance still matter? Four Wachtel Lippon lawyers explain.
  8. Why do you need social media compliance as part of your ethics and compliance program. John Horowitz tells us in Navex Global’s Ethics and Compliance Matter
  9. Why the identification of high risk employees is critical. Jeff Kaplan explains.
  10. Comings and goings in the DOJ Fraud Section. Dylan Tokar reports.
  11. Our colleague Doug Cornelis participates in the annual 2-day, 192 mile Pan-Mass Bike Challenge which raises money for the fight against cancer. I hope you will join my again in supporting Doug by donating to PMC. Information on Doug’s ride, why he rides and donation button are all found 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.
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.
Categories
Daily Compliance News

Daily Compliance News: August 2, 2019, the Summertime Blues edition

In today’s edition of Daily Compliance News:
  • Another way in which the 737 MAX is impacting the economy. (WSJ)
  • Chinese billionaire indicted in tariff scam. (WSJ)
  • Trump want the Pentagon to use Oracle, the Pentagon does not. (Washington Post)
  • Did Google fire an engineer for being a Republican? (WSJ)