Tag: compliance

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Sunday Book Review

August 9, 2020, the Sunday Book Review, Old is New edition


In today’s edition of Sunday Book Review:

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This Week in FCPA

Episode 217 – the Fahrenheit 451 edition


How does Fahrenheit 451 foretell non-compliance regulation in Germany? Tom and Jay brave the surge in Covid cases by staying safe at home to tell the tale. They are back to look at top compliance articles and stories which caught their eye this week.

  1. OFAC focusing on screening errors. Mike Volkov with a 3-part series on Corruption Crime and Compliance. Part 1, Part 2 and Part 3
  2. There is no single panacea for stopping corruption. Matthew Stephenson in GAB.
  3. 5 top steps for data transfer after Schrems III. Neil Hodge in Compliance Week. (sub req’d)
  4. What’s the cost of non-compliance? For Wells Fargo, a staggering $15.8 Billion. Matt Kelly explores on Radical Compliance.
  5. Fahrenheit 451, compliance and German regulators? Rosemary Lark considers in the FCPA Blog.
  6. Coronavirus Comeback planner. Navex Global’s Ethics and Compliance Matters.
  7. A compliance approach to excessive force in policing. Joseph Murphy and Emil Moschella in NYU’s Compliance and Enforcement
  8. Crisis preparedness and the BOD? Joydip Day explores in CCI.
  9. This month on The Compliance Life, I am joined by Louis Sapirman. In Part 1, we looked at Louis personal and professional journey into compliance.
  10. AMI week on Compliance and Coronavirus as Maurice Gilbert discusses the compliance hiring scene Covid-19, Andy Goldstrom on business sustainability; and Laura Petrolino on storytelling for communications.
  11. On the Compliance Podcast Network, Tom begins a new month on 31 Days to a More Effective Compliance Program, this month focusing on the role of the Board in compliance. This week saw the following offerings: Monday-legal obligations of the BOD; Tuesday– prudent discharge of BOD obligations; Wednesday-BOD Compliance Committees; Thursday- OIG guidance for BODs; and Friday-Compliance expertise on the BOD. The month of July is being sponsored by Affiliated Monitors. 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.
  12. Join Jay and Tom at Converge20. Convercent’s top compliance conference is going virtual this year. Check at the agenda and register 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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Creativity and Compliance

Happy 4th Anniversary to Learnings and Entertainment


Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection – they all take creativity. Join Tom Fox and Ronnie Feldman on Creativity and Compliance, part of the Compliance Podcast Network. In this show, we take a personal journey with Ronnie Feldman as he celebrates the 4th Anniversary for Learnings & Entertainment and reflects back on his journey.
Some of the highlights include:

  • What has Ronnie learned in his journey through compliance?
  • Why does compliance need a bunch of comedians?
  • What are the lessons for the compliance professional?
  • How has the compliance community evolved over the past 4 years?
  • Where is it going?
  • What does Ronnie see for Learning & Entertainment?

Resources:
Ronnie Feldman (LinkedIn)
Learnings & Entertainments (LinkedIn)
Ronnie Feldman (Twitter)
Learnings & Entertainments (Website)
60-Second Communication & Awareness Shorts – A variety of short, customizable, quick-hitter “commercials” including songs & jingles, video shorts, newsletter graphics & Gifs, and more. Promote integrity, compliance, the Code, the helpline and the E&C team as helpful advisors and coaches.
Workplace Tonight Show! Micro-learning – a library of 1-10-minute trainings and communications wrapped in the style of a late-night variety show, that explains corporate risk topics and why employees should care.
Custom Live & Digital Programing – We’ll develop programming that fits your culture and balances the seriousness of the subject matter with a more engaging delivery.

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Everything Compliance

Episode 64, the Dog Days of Summer edition


Welcome to the only roundtable podcast in compliance. Today, we have the full quintet of Jonathan Armstrong, Jay Rosen, Matt Kelly, Jonathan Marks and Mike Volkov for a potpourri of discussions and ending with a veritable mélange of rants and shouts outs.

  1. Jonathan Armstrong critiques the recent SFO conviction of two former Unaoil employees and the controversary the SFO and its Director, Lisa Osofsky now find themselves in regarding their conduct. Armstrong shouts out to the West Indies cricket team for traveling to the UK to play at Lord’s.
  2. Jay Rosen considers telemedicine in the time of Covid-19. What does it mean for the practice of medicine? What are the compliance issues involved? Jay rants about the Trump Administration targeting surveillance on journalist in Portland and across the country.
  3. Matt Kelly looks at two recent US domestic corruption cases; one in Illinois involving ComEd and one in Ohio involving the Speaker of the Ohio House of Representatives. Matt shouts out to Rebecca Jones the former Florida state employee who left the government to start her own public record of Covid-19 in Florida when the state quit reporting on it.
  4. Mike Volkov looks at two recent OFAC enforcement actions. One involved Amazon and defective tracing software. The second Essentra, doing business with North Korea and shell companies. He draws out the lessons learned from both cases. He shouts out to podcasters and the podcasting community for getting their messages out.
  5. Jonathan Marks considers parallels he has observed in the development of the compliance profession from those he lived through in the Internal Audit world after Enron and WorldCom. He shouts out to the IIA for beginning the discussion to reconfigure its 3 Lines of Defense but chides them for not going far enough.
  6. Tom Fox rants about those attacking fellow Buffalo Wing addicts. 

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 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 (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network. He can be reached at tfox@tfoxlaw.com

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This Week in FCPA

Episode 216 – the 1MDB Moves Towards Resolution edition

 
As the international fight against corruption took two small steps forward this week in the 1MDB case, Tom and Jay brave the surge in Covid cases by staying safe at home. They are back to look at top compliance articles and stories which caught their eye this week.

  1. Goldman Sachs settles with Malaysia for nearly $4bn. Ben Otto and Chester Tay report in the WSJ. Former Malaysia PM convicted in 1MDB scandal, Harry Cassin reports in the FCPA Blog.
  2. Mike Volkov reports on two big enforcement actions in Pharma. Indivior and illegal marketing of opioid products. Taro Pharma and price-fixing.
  3. What are the shared elements in a best practices compliance program? Jaclyn Jaeger explores in Compliance Week. (sub req’d)
  4. How can you test your hotline? Matt Kelly explores on Radical Compliance.
  5. Why is Germany soft of corporate crime? Dick Cassin considers in the FCPA Blog.
  6. Whistleblower management in the EU. Frank Staelens in CCI.
  7. How can you audit AI? James Bone explores in CCI.
  8. What should be the goal of effective internal controls? Alex Movchan interviews Edmund Sanders in Risk and Compliance Platform Europe.
  9. This month on The Compliance Life, I am joined by Scott Sullivan, Chief Integrity and Compliance Officer at Newport Mining. In Part 1, we discussed the need for empathy in a CCO. In Part 2, we looked at reading the tea leaves and staying ahead of the (corp) wolf pack. In Part 3, we considered who a CCO needs on their compliance team. In this concluding Part 4, we look at the CCO and compliance function down the road.
  10. AMI week on Compliance and Coronavirus as Jerry Coyne discusses telemedicine and Covid-19, Don Stern on how Covid-19 will impact federal prosecutors and Mikhail Reider-Gordon compliance issues during the business reopenings.
  11. On the Compliance Podcast Network, Tom concludes the topic of 3rd party risk management. This week saw the following offerings: Monday-freight forwarders; Tuesday– risk ranking in the Supply Chain; Wednesday-data and 3rd party risk management (Vin DiCianni as guest); Thursday-enforcement actions; and Friday-wrap up. The month of July is being sponsored by Affiliated Monitors. 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.  Join us in August for the role of the Board of Directors.
  12. Upcoming Webinars:

K2-FIN, Windward, and C4ADS Webinar—New Sanctions Developments in the Maritime Sector: UK Sanctions Shipping Guidance and Venezuelan Shipping in Focus, August 5, 2020 at 10:45 to 11:45 AM EST; with Juan Zarate and Eric Lorber. 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.

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Compliance and Coronavirus

Mikhail Reider-Gordon on Compliance During Business Reopening During Covid-19


Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. In this episode, I visit with Mikhail Reider-Gordon who is Managing Director of Institutional Ethics and Integrity at AMI. In this role, she oversees the company’s corporate monitoring programs across a spectrum of industries. We discuss the compliance challenges in business reopenings (and perhaps closings) in the summer of 2020 and through the rest of the year.
Some of the highlights include:

  • What are some of the key issues in business reopenings during Covid-19?
  • What will continue for compliance during the summer of 2020 and through the rest of the year?
  • Why is oversight even more important during Covid-19?

For me information check out the Affiliated Monitors website here.

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The Compliance Life

Scott Sullivan -What will the CCO of the future look like?


The Compliance Life details the journey to and in the role of a Chief Compliance Officer. How does one come to sit in the CCO chair? What are some of the skills a CCO needs to success navigate the compliance waters in any company? What are some of the top challenges CCOs have faced and how did they meet them? These questions and many others will be explored in this new podcast series. Over four episodes each month on The Compliance Life, I visit with one current or former CCO to explore their journey to the CCO chair. This month, my guest is Scott Sullivan, the Chief Integrity and Compliance Officer at Newmont Mining.
Scott Sullivan is a versatile and innovative governance, risk, compliance, ethics and legal executive with significant experience advising C-suite leaders and Boards of Directors in a global enterprise in a wide array of sensitive, high profile subject matter areas. He has extensive leadership in designing, implementing and enhancing world-class programs and favorably resolving regulatory crises for multinationals. He has managed ethics and compliance for a $5B global Fortune 500 corporation, directing a Business Integrity & Compliance function impacting 20,000 employees in over 55 countries with over 100 legal entities.
In this final episode, Sullivan discusses how the role of a CCO has evolved from a legal response to government enforcement under the FCPA; driven by lawyers to something else. We consider some of some of the biggest changes for Sullivan has observed. We conclude by looking down the road, as we move into the 2020s where Sullivan sees compliance moving to? It includes data, data, data – continuous monitoring, automation, finely tuned machine and how some of the changes wrought by Covid-19 accelerate these trends and perhaps others; including remote options, less travel and opportunities outside traditional comfort zone for compliance professionals.

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Everything Compliance

Episode 214 – the SFO Gets a Win edition


As the SFO finally garners convictions at trial, Tom and Jay brave the surge in covid cases to stay safe they are back to look at top compliance articles and stories which caught their eye this week.

  1. SFO finally garners convictions. Susan Hawley reports in the FCPA Blog. Did the SFO get played? Kristen Ridley considers in Reuters.
  2. EU Court of Justice invalidates Privacy Shield. Catherine Stupp in WSJ Risk and Compliance Journal. Cordery Compliance with a client alert.
  3. The SEC and its China Problem. Francine McKenna in The Dig.
  4. The biggest gold scandal ever? Jon Rausch in Dipping Through Geometries.
  5. UK imposes Magnitsky sanctions. Dick Cassin in the FCPA Blog.
  6. SEC has $3.8MM whistleblower payout. SEC Press Release.
  7. Is compliance in the need for a digital transformation? Adam Shinder shows the way in CCI.
  8. How to conduct an audit engagement in a high risk region. Alex Movchan in Risk and Compliance Platform Europe.
  9. How much did ego and greed lead to Wirecard scandal? Michael Tobee in CCI.
  10. This month on The Compliance Life, I am joined by Scott Sullivan, Chief Integrity and Compliance Officer at Newport Mining. In Part 1, we discussed the need for empathy in a CCO. In Part 2, we look at reading the tea leaves and staying ahead of the (corp) wolf pack.
  11. On the Compliance Podcast Network, Tom started the topic of 3rd party risk management this month.This week saw the following offerings: Monday-the how question in due diligence; Tuesday-metrics on 3rd party management, Wednesday-managing 3rd parties; Thursday-auditing of 3rd parties; and Friday-ongoing monitoring of 3rd parties. The month of July is being sponsored by Affiliated Monitors. 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.
  12. Great Upcoming Webinars:

Navigating the Risks of Prescribing Opioids for Chronic Pain in the COVID-19 Era, Wednesday, July 22, 2020 12:00 PM EDT; with Jesse Caplan, Deb Waugh and Amy Fogelman, M.D. Registration and Inforamtion here.
Computer Say ‘No’: Mitigating Legal & Ethical Risks in Public Agency Use of Automated Decision-Making Tools, Tuesday, July 28, 2020 12:00 PM EDT; with David Shonka, Mikhail Reider-Gordon and Jonathan Redgrave. Registration and Information here.
ECI’s Best Practice Forum, a Q&A Session with Brian Rabbitt, Acting Assistant Attorney General for the Criminal Division on the FCPA Resource Guide, 2nd edition, Thursday, July 30, 2:00 – 4:00 p.m. EDT. 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.

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Daily Compliance News

July 11, 2020-the Stupid Is as Stupid Does edition


In today’s edition of Daily Compliance News:

  • Sutter Health wants to delay settlement obligations. (NYT)
  • Goya foods boycott. (NYT)
  • Amazon orders, then reverses, employees to delete Tik-Tok.? (WSJ)
  • Starbucks orders customers to wear masks. (WSJ)
Categories
This Week in FCPA

Episode 210 – the Bostock edition


As Trump has trouble drinking a glass of water and walking (Note-not at the same time), Covid-19 cases spike, the US Supreme Court hands down a landmark decision on protections for the LGBTQ community in the workplace, self-distancing Tom and Jay are back to consider some of the top compliance articles and stories over the past week.

  1.  Mike Volkov takes the chickens out to roost in a 3-part series on the DOJ Antitrust Division charges of price-fixing and bid-rigging conspiracy. In Corruption Crime & Compliance. Jon Rausch weighs in on Dipping Through Geometries.
  2. How will WFH change business? Alison Taylor opines on the World Economic Forum
  3. What are the three ‘R’s’ of a speak up culture? Lloydette Bai-Marrow on the FCPA Blog.
  4. GOP stymies data privacy/data protection legislation yet again. Dave Uberti reports in the WSJ.
  5. It’s your culture stupid. Jim Nortz in CCI.
  6. How is Covid-19 changing internal audit. Matt Kelly explores in Radical Compliance.
  7. Viva La France. Dylan Tokar reports in the WSK Risk and Compliance Journal.
  8. Making sure compliance is not marginalized during financial dislocation. A plethora of authors contribute on NYU’s Compliance and Enforcement Blog.
  9. The ethical upside to WFH. In the Center for Ethical Leadership
  10. Interested in moving to the CCO chair? Check out my latest podcast series The Compliance Lifewhere I interview one CCO type for a month on their journey to the CCO chair and beyond. In on this month’s edition I visit with Ryan Rabalais. In this Part 3, he details some of key skills of a CCO. The Compliance Life is now available on iTunes.
  11. On Compliance and Coronavirus this week,: Scott Price on cyber security risks going forward; Gabe Gumbs data privacy and data protection during the economic dislocation and Covid-19; David McLaughlin joins me to discuss increasing automation to enhance compliance. Compliance and Coronavirus is available on iTunes here.
  12. On the Compliance Podcast Network, this month topic: internal reporting and investigations; all on 31 Days to a More Effective Compliance Program. This week’s offerings: Monday-The Investigative Team; Tuesday-investigative challenges; Wednesday-the witness interview; Thursday– issues in cross-border investigations; Friday– who and when to suspend. Note 31 Days to a More Effective Compliance Program now has its own iTunes channel.
  13. How does the Hundred Acre Wood inform compliance? Check out Tom’s 5-part blog post series on the FCPA Compliance and Ethics Blog. Monday-Tigger and Sales; Tuesday-Kanga, Roo & Ombudsman; Wednesday-Eeyore and corp legal; Thursday-Piglet and Finance; Friday-Winnie the Pooh as CECO.

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.