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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program in Training and Communications – Multiplying the Influence of Compliance

What if you could multiply the impact and effectiveness of your compliance program throughout your company? That would be a great boon to any compliance practitioner and compliance program. It is also possible by considering a 360-degree view of communications in compliance using multipliers.

Liz Wiseman is the co-author with Greg McKeown of “Multipliers: How the Best Leaders Make Everyone Smarter,” a book about the various types of leaders. They focus on two different types of leaders, Diminishers and Multipliers. Multipliers are leaders who encourage their workers’ growth and creativity, while Diminishers hinder and otherwise keep their employees’ productivity at a minimum.

Now imagine applying this leadership technique as you are trying to operationalize your compliance program fully. If you take this approach of leading by asking questions, you not only guide the functional unit but you get greater buy-in to the entire concept and process as it becomes their process. The non-compliance team may design it and have ownership over it.
Wiseman concluded by challenging each of us to multiply our influence to make those we work with work even better. You can use these skills to operationalize your compliance program more fully. If you do so, you will not only fulfill the requirements of the DOJ, as laid out in the Evaluation, but you will integrate compliance into the DNA of your company by making it a part of how you conduct your business.

Three key takeaways:

  1. Multipliers are leaders who encourage growth and creativity from their workers.
  2. Diminishers hinder and otherwise keep their employees’ productivity at a minimum.
  3. Multiply the influence of the compliance function inside and outside the company in this manner.
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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program in Training and Communications – Communication Through Persuasion

Such small gestures can make a difference. I recently read a biography of Dale Carnegie by Steven Watts, entitled  “Self-Help Messiah: Dale Carnegie and Success in Modern America”, penned by Ian Frazier. Carnegie is of course well known for his seminal work “How to Win Friends and Influence People” first published in 1936. I was somewhat surprised to learn that the text was largely drawn up as transcripts to lectures Carnegie was giving in New York City in the mid-1903s. Carnegie’s main thesis was to provide concrete steps on how ordinary people could help master the art of persuasion. While it has been some time since I read this book, what I recall is that to influence people, one has to listen to them. For me, the book was about how to become a better listener.

I cannot say enough about this skill for a CCO. If you hear any long-term CCO speak about their job, they will tell you it is largely about listening to people; whether those people are employees, senior management or the Chief Executive Officer (CEO) and Board members. By listening to others you not only hear, and hopefully will come to understand their concerns, but you allow them to come to decisions themselves and you are not in the position of telling them what to do. It is a skill that has served many CCOs very well for many years.
Three key takeaways:

  1. A little can mean a lot.
  2. One of the primary keys to influencing people is to listen to them.
  3. A CCO can enhance their communications by using the six principals of persuasion.
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Blog

Denny Crum, a Strategy for Integrating Stakeholders and Compliance

We lost Denny Crum this week. For any fan of Louisville or college basketball, Crum was one of the greatest coaches in the past 50 years. He twice won NCAA national championships and went to the Final Four six times. According to his New York Times obituary, “Crum retired in March 2001 after 30 seasons at Louisville with a record of 675-295 and championships in 1980 and 1986.” For reasons still unclear to me, I became a became a big Louisville fan in the early 1970s. Crum won his first championship with Darrel Griffin in 1980. But my favorite teams were the ones which went to three consecutive Final Fours from 1981-1983 which were led by the McCray Brothers, Scooter and Rodney. My favorite game was the 1983 semi-final featuring Louisville against the high-flying Phi Slamma Jamma of the University of Houston. The game was completely played about the rim. So farewell to the high-flying Cardinals and their coach, Denny Crum. 

We are in the midst of a blog post series on how to implement a stakeholder strategy for a corporation based upon an article in the Harvard Business Review article, entitled “How to Create a Stakeholder Strategy” which proposes a data-driven approach to design, measurement, and implementation by authors Darrell Rigby, Zach First, and Dunigan O’Keeffe. In Part 1, we considered the Statement on the Purpose of a Corporation and the stakeholder groups identified in this approach. In Part II, we considered the interconnected relationship between all stakeholders and how these stakeholders could be integrated. Today we will conclude with a review of a strategy to implement this approach.

The 2019 Business Roundtable Statement on the Purpose of the Corporation, business executives pledged their companies to be businesses for  the benefit of all stakeholders, specifically including customers, employees, suppliers, communities, and shareholders. However, the authors believe that businesses firms can use data, to craft and implement effective growth strategies that recognize the complex interdependencies among stakeholders, create mutual benefits for them, and increase the net value generated collectively for their constituents.”  The authors suggest a three-step approach.

Step 1: Make sense of outside perspectives. Interestingly the authors suggested an approach that every compliance professional will be familiar with, as it begins with an assessment. But rather than a risk assessment, the assessment is to determine the end objective, such as social justice, management effectiveness, or brand value. Then developing criteria to measure the results by assigning different weights to each and ranking them. The authors note that by using this approach it will “help you overcome confirmation bias and perhaps uncover valuable data sources. But you don’t need to accept them as gospel. Instead you should ask, Does this assessment fairly depict our current performance relative to other companies? If not, what’s wrong with it? What questions does it raise about our strategy, its future success, and required adjustments?”

Step 2: Create your own stakeholder strategy. From this starting assessment, you will next need to supplement this initial “analyze the interdependencies among your particular stakeholders. Once you’ve done that, you can begin crafting your stakeholder strategy, which should provide a clear description of your company’s purpose, establish criteria for evaluating progress toward it, determine priorities among stakeholders, and measure value creation for each stakeholder group.”

Use this data to understand the connections among the five sets of stakeholders. The authors posed some of the following questions which included “which management practices were causing employee frustration? How did that, in turn, affect value creation for customers, and what impact did that have on financial results? They had never attempted to understand the links among stakeholders or to prioritize and weight the importance of various stakeholders when trying to resolve conflicting interests.”

The next step is to rank this data. One company in the article was reported to have “identified four to six criteria for developing a performance score for each stakeholder (again, on a scale from minus 100 to plus 100). By multiplying the stakeholder’s weight by its performance score, the team could easily calculate the units of value created for each stakeholder and for the entire company.”

Step 3: Create systems to sustain your stakeholder strategy. Here the authors believe that to succeed a strategy must be able to outlast the enthusiasm and tenure of any individual executive. This means you need to (1) ensure that the entire company understands it, everyone’s role in it, and how individuals’ goals affect all stakeholder goals, and (2) institute disciplined routines for decision-making and execution.” This sounds precisely like the steps a compliance professional must take around the communication of a compliance program. The authors suggest five steps:

  1. Building a culture that embraced the stakeholder strategy.
  2. Designing organizational structures that increased cross-stakeholder collaboration.
  3. Establishing new processes that helped grow stakeholder value.
  4. Redesigning business processes to support stakeholder strategies.
  5. Communicating honestly to attract the right stakeholder segments.

The authors conclude by noting “A July 2019 survey of 1,026 adults commissioned by Fortune found that two-thirds of U.S. adults now think a company’s primary objective should be making the world a better place. According to the 2022 Edelman Trust Barometer, adults around the world believe businesses can be unifying forces in society and so should step up to shape more-balanced policies on jobs, technology, wage inequality, climate change, discrimination, immigration, education, and health care. They want businesses to grow value for all stakeholders.”

But the business reality is that “this is not simply a worthy aspiration. Companies that create strategies to benefit all stakeholders and establish systems for implementing them build businesses that are more successful and resilient. They reduce the risks of customer defections, employee turnover, loss of shareholder confidence, community protests, harsh regulations, and competitive disruptions—any of which can be crippling. Moreover, as executives at companies that have adopted stakeholder strategies, such as Costco, Microsoft, and P&G, can attest, a stakeholder-based approach to running a business can make leadership roles more meaningful and rewarding.” All of this means moving to a stakeholder model is not simply a nice to have but moving towards standard operating practice.

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Compliance Week Conference Podcast

Monica Lopez Reinmiller, Megan Visk and Kelli Hooke on Hiring Compliance Professionals

In this episode of the Compliance Week 2023 Speaker Preview Podcasts series, we have the full panel of Monica Lopez Reinmiller, Megan Visk, and Kelli Hooke to discuss their panel at Compliance Week 2023, “Hiring Compliance Professionals: From Interns to Senior Compliance Roles.”

Join Monica, Kelli, and Megan as they discuss evaluating program resources and headcount. They will discuss approaches to your compliance program skills assessment, role alignment, and interviewing practices, including panel interviews and managing global time zones. Given the continued and increased focus on compliance staffing over the last years, the market for compliance professionals has become even more competitive, and assessing for skill needs and the recruitment cycle can drive long timelines; all in a session you will not want to miss.

I hope you can join me at Compliance Week 2023. This year’s event will be May 15-17 at the JW Marriott in Washington, DC. The line-up of this year’s event is simply first-rate, with some of the top ethics and compliance practitioners around.

Gain insights and make connections at the industry’s premier cross-industry national compliance event offering knowledge-packed, accredited sessions and take-home advice from the most influential leaders in the compliance community. Back for its 18th year, compliance, ethics, legal, and audit professionals will gather safely face-to-face to benchmark best practices and gain the latest tactics and strategies to enhance their compliance programs. And many others to:

  • Network with your peers, including C-suite executives, legal professionals, HR leaders, and ethics and compliance visionaries.
  • Hear from 75+ respected cross-industry practitioners who are CEOs, CCOs, regulators, federal officials, and practitioners to help inform and shape the strategic direction of your enterprise risk management program.
  • Hear directly from the two SEC Commissioners, gain insights into the agency’s enforcement areas, and walk away with guidance on remaining compliant within emerging areas such as ESG disclosure, third-party risk management, cybersecurity, cryptocurrency, and more.
  • Bring actionable takeaways from your program from various session types, including ESG, Human Trafficking, Board obligations, and many others, for you to listen, learn and share.
  • Compliance Week aims to arm you with information, strategy, and tactics to transform your organization and career by connecting ethics to business performance through process augmentation and data visualization.

For information on the event, click here. Listeners of this podcast will receive a discount of $200 by using code TF200 on the link here.

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program in Training and Communications – Using Communications to Foster your Compliance Brand

Our next lesson on compliance communications comes from best-selling authors James Patterson and David Baldacci, and it is about your brand. I have always considered your brand the image customers have of your business. It should be strategic and intentional. For a corporate compliance function, it means doing business ethically and in compliance. It could mean creating an effective compliance program that enhances business efficiency that drives greater profitability. It could mean driving an ethical culture to the very heart of your business.

However, Patterson and Baldacci discussed brand in a manner that was very different from how I think about brand and branding. They said your brand is not an image but is about your relationship with your stakeholders. For an author, that means your readers. For these writers, it means that you deliver what your readers expect, and if you are going to go in a different direction, it is important to let your readers know that you are doing something different so that if you pick up a Baldacci or a Patterson, the book will be something other than the thriller or murder mystery you are expecting.

While there are other groups you may have a relationship with as a compliance professional, looking at this from the perspective of Baldacci and Patterson, you begin to see the corporate compliance brand and your personal brand in a very different light. It can help you be both more effective as a compliance professional and lead to more professional opportunities for you as well.

Three key takeaways:

  1. How do you define your compliance brand?
  2. What is your relationship with your stakeholders?
  3. As a CCO or compliance professional, you can draw lessons from various disciplines.
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Compliance Week Conference Podcast

Compliance Week 2023 Speaker Series – Jisha Dymond on Managing Ethical AI Risk

In this episode of the Compliance Week 2023 Speaker Preview Podcasts series, Jisha Dymond discusses her panel at Compliance Week 2023, “The Role of Corporate Compliance Programs in Managing Ethical AI Risk.”

Join Jisha and her fellow panelists as they discuss the following:

  • Understanding the current Ethical AI regulatory environment;
  • Examining how corporate compliance teams are equipped with the infrastructure necessary to implement programs to manage risk around new regulatory regimes such as risk assessments, policies, procedures, monitoring, and testing; and
  • Exploring whether translating an Ethical AI regulatory compliance model into a corporate compliance framework is impossible or inevitable.

I hope you can join me at Compliance Week 2023. This year’s event will be May 15-17 at the JW Marriott in Washington, DC. The line-up of this year’s event is simply first-rate, with some of the top ethics and compliance practitioners around.

Gain insights and make connections at the industry’s premier cross-industry national compliance event offering knowledge-packed, accredited sessions and take-home advice from the most influential leaders in the compliance community. Back for its 18th year, compliance, ethics, legal, and audit professionals will gather safely face-to-face to benchmark best practices and gain the latest tactics and strategies to enhance their compliance programs. And many others to:

  • Network with your peers, including C-suite executives, legal professionals, HR leaders, and ethics and compliance visionaries.
  • Hear from 75+ respected cross-industry practitioners who are CEOs, CCOs, regulators, federal officials, and practitioners to help inform and shape the strategic direction of your enterprise risk management program.
  • Hear directly from the two SEC Commissioners, gain insights into the agency’s enforcement areas, and walk away with guidance on remaining compliant within emerging areas such as ESG disclosure, third-party risk management, cybersecurity, cryptocurrency, and more.
  • Bring actionable takeaways from your program from various session types, including ESG, Human Trafficking, Board obligations, and many others, for you to listen, learn and share.
  • Compliance Week aims to arm you with information, strategy, and tactics to transform your organization and career by connecting ethics to business performance through process augmentation and data visualization.

For information on the event, click here. Listeners of this podcast will receive a discount of $200 by using code TF200 on the link here.

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GalloCast

GalloCast – Episode 9, Live at ECI

Welcome to the GalloCast. You have heard of the Manningcast in football. Now we have the GalloCast in compliance. The two top brothers in compliance, Nick and Gio Gallo, come together for a free-form exploration of compliance topics. It is a great insight into compliance brought to you by the co-CEOs of Ethico. Fun, witty, and insightful with a dash of the two brothers throughout. It’s like listening to the Brothers Gallo talk compliance at the Sunday dinner table. Hosted by Tom Fox, the Voice of Compliance.

In this episode of the GalloCast, the trio discusses some of the most challenging issues companies face regarding ethics and compliance. They start by diving into the recent $767 million fine slapped on British American Tobacco for colluding to sell cigarettes into North Korea, violating sanctions. They debate who should be held accountable for changing a company’s culture, how deep-rooted biases can affect decision-making, and the effectiveness of regulatory enforcement. The discussion covers the intricacies of ethics in different business models, including distributor and commissioned sales agent models. They also discuss the risks and benefits of a conservative approach and the adaptability of ethics and compliance programs.  The episode concludes by discussing cultural fit in mergers or acquisitions and how finding common ground and preserving distinctness can be accomplished. Don’t miss out on the wealth of insights and practical advice on navigating these challenging issues in the corporate world. Tune in to GalloCast now!

Key Highlights:

  • BAT’s illegal sales to North Korea
  • Determining Right and Wrong in Corporate Decisions
  • Balancing Values and Profit in Business
  • Balancing Compliance and Ethics Programs
  • Adapting Ethics & Compliance Programs
  • Ethics and Compliance Teams in Companies
  • Dangers of Groupthink in Decision-Making
  • Culture’s Role in Business Mergers and Acquisitions
  • Cultural Integration in Mergers & Acquisitions

Resources

Nick Gallo on LinkedIn

Gio Gallo on LinkedIn

Ethico

Tom Fox 

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Blog

Mike Shannon, Corporate Stakeholders and Compliance

As reported in the New York Times, Mike Shannon died last week. In a 65+ year career, Shannon was associate with only one team, the St. Louis Cardinals. Signed by the Cardinals in 1958 for a bonus of reportedly $100,000; he was called to the majors in 1962. Initially he played Right Field but was later moved to 3rd Base. He played in three World Series, 1964, 1967 and 1968 for the Cardinals, winning two of the three. He retired in 1970 due to an illness and then went into broadcasting for the Cardinals, sitting in the booth for another 50 years broadcasting Cardinal games. He had a career batting average of .255, with 68 home runs and 367 runs batted in, and was elected to the Cardinals’ Hall of Fame in 2014.

My connection with Mike Shannon? In 60 plus years of attending baseball games, he is the only MLB player I ever got an autograph from. Was it worth much? Not in dollars but it meant the world to me and cemented by relationship with the Cardinals, right behind the Astros and even though Albert Pujols broke my heart in 2004.

We are in the midst of a blog post series on how to implement a ‘stakeholder’ strategy for a corporation as laid out article in the Harvard Business Review article, entitled “How to Create a Stakeholder Strategy” which proposes a data-driven approach to design, measurement, and implementation by authors Darrell Rigby, Zach First, and Dunigan O’Keeffe.

In their article, the authors the interconnected relationship between all stakeholders, stating “that every stakeholder has an impact on other stakeholders—engaged employees improve customer satisfaction, which in turn spurs growth, and so on—many CEOs are pledging to generate benefits for all their constituents: customers, workers, suppliers, communities, and investors. But few leaders have explicit strategies for doing so; most seem to rely on intuitive approaches.” The authors’ approach is to use a data driven approach, noting that companies should “bolster data from such third parties with inside insights and gain an understanding of the interdependencies among their particular stakeholders.” From there move forward to developing “a clear description of their purpose, establish criteria for evaluating progress toward it, set priorities among stakeholders, and start measuring value creation for each group. The last step is sustaining the new strategy through cultural change and by developing supporting processes and organizational structures.”

The 2019 Business Roundtable Statement on the Purpose of the Corporation, business executives pledged their companies to be businesses for  the benefit of all stakeholders, specifically including customers, employees, suppliers, communities, and shareholders. What was missing from this pronouncement was  any “explicit strategies for how they will do that.” Indeed the authors intoned that “most seem to be relying on intuitive approaches, which are hard to scale up and sustain because they’re based on leaders’ gut feelings about what matters most rather than specific criteria that can be codified to make delegated decision-making consistent and aligned with leadership’s strategic intent. Worse, when leaders whose personal visions have guided their companies leave their organizations, they take their intuitive strategies and commitment with them.”

However the authors believe that businesses firms can use data, to craft and implement effective growth strategies that recognize the complex interdependencies among stakeholders, create mutual benefits for them, and increase the net value generated collectively for their constituents.”  This sounds suspiciously similar to what the Department of Justice (DOJ) has said about the Chief Compliance Officer and compliance function having access across all data siloes so that I think a natural extension of where the authors are headed can equally apply to compliance.

Rather counter-intuitively the authors noted“For a long time the argument against holistic stakeholder strategies has been that you can’t create value across all dimensions of performance without hurting shareholder value.” Fortunately, the authors have found “a decade’s worth of data shows us that this is simply not the case.” Indeed the authors stated, “All that data was clear: The companies that create the greatest total value across all dimensions of performance don’t do so at the expense of shareholder value.” Moreover, in addition to the DOJ, the Delaware Court of Chancery in the McDonald’s decision which created the duty of oversight for corporate officers similar to the Caremark Doctrine specifically said the two corporate executives you have mandated visibility across an entire corporate organization.

The reality is that the time is now to begin moving in this integrated approach. The authors point to a Fortune survey that “found that two-thirds of U.S. adults now think a company’s primary objective should be making the world a better place. According to the 2022 Edelman Trust Barometer, adults around the world believe businesses can be unifying forces in society and so should step up to shape more-balanced policies on jobs, technology, wage inequality, climate change, discrimination, immigration, education, and health care. They want businesses to grow value for all stakeholders.”

But all this is more than simply aspirational. The authors point to “companies that have adopted stakeholder strategies, such as Costco, Microsoft, and P&G, [who] can attest, a stakeholder-based approach to running a business can make leadership roles more meaningful and rewarding. Moreover, companies that create strategies to benefit all stakeholders and establish systems for implementing them create more efficient business processes that lead to greater profitability. Of course it can be more purpose can and does equate to greater profit. But such an approach can also be a part of a prevent program. Here the authors believe such an approach can “reduce the risks of customer defections, employee turnover, loss of shareholder confidence, community protests, harsh regulations, and competitive disruptions” which can cost a company off the top line and can therefore be even more damaging and longer lasting.

Join us tomorrow where we honor another recently passed luminary and explore how to create a successful stakeholder strategy.

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31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program in Training and Communications- One Using Communications to Drive a Speak Up Culture

How often have you thought about the role of communications in your entire hotline reporting system? I do not mean posters giving the hotline number, promising anonymity and non-retaliation. I mean using compliance communications to create a social environment where employees feel comfortable speaking up to ask questions and report concerns and they know the options for doing that.

Why do many compliance professionals find it so difficult to use compliance communications to help move the ball forward on driving a speak up culture? It begins because many conflate such communications with training. Training tends to be viewed as something that happens once per year or on a similar cadence. Yet even the DOJ has seen through the fallacy of this argument in its 2020 Update to the Evaluation of Corporate Compliance Programs when it stated, “companies have invested in shorter, more targeted training sessions to enable employees to timely identify and raise issues to appropriate compliance, internal audit, or other risk management functions.”

The 2020 Update also leads to the following questions, what resources have been available to employees to provide guidance relating to raising an issue? And, has your company assessed whether its employees know when to seek advice and whether they would be willing to speak up? Can you answer these to satisfaction of the DOJ? If not, you may have a gap in your speak up communications program.
The bottom line to all is that in compliance, you are only limited by your imagination. When you overlay creativity on your imagination, you can create something very special. And you can use compliance communications to drive a speak up culture.
 Three key takeaways:

  1. How can communications improve a speak up culture?
  2. Use communications to foster trust.
  3. A speak up culture only works when paired with a ‘listen-up’ culture.
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Compliance Into the Weeds

Compliance into the Weeds: ComEd 2023 Compliance Report

The award winning, Compliance into the Weeds is the only weekly podcast which takes a deep dive into a compliance related topic, literally going into the weeds to more fully explore a subject. Looking to stay updated on compliance and ethics? Look no further than Compliance into the Weeds, with co-hosts Tom Fox and Matt Kelly!

Looking to stay updated on compliance and ethics? Tune in to the Compliance into the Weeds podcast with hosts. In this episode, they tackle the corruption scandal involving ComEd and its parent Exelon, and highlight the progress made in their compliance program reforms. With the release of their second public progress report, compliance and corporate executives can learn from changing ComEd’s company culture and supply chain overhaul. The podcast also dives into integrating compliance concerns into HR processes and identifying supervisory groups that may need closer monitoring. Don’t miss out on this informative and insightful episode available now!

Key Highlights 

·      Significance of the report

·      Compliance and the Supply Chain

·      Compliance and Exit Interview

·      Using this report going forward

 Notable Quotes:

“I just have to acknowledge that state of Illinois finally convicted someone for corruption.”

“These reports provide not just simply a roadmap of how to change culture, but really a way to think through what may seem like an insurmountable problem.”

“I applaud Exelon for establishing this comprehensive supply chain risk management effort and making supply chain compliance a big part of its supply chain risk program.”

“It is compliance, which is driving overall supply chain risk management and business efficiency, which is inevitably lead will inevitably lead greater profitability if done correctly and that with a variety of other areas and companies having supply chain risk.”

 Resources

Matt 

LinkedIn

Blog Post in Radical Compliance

Check out our prior podcast on ComEd’s 2022 Compliance Report here

Tom 

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Facebook

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LinkedIn