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This Week in FCPA

This Week in FCPA-Episode 164 – the Microsoft and Facebook settle edition

While Facebook announces a settlement with the FTC and Microsoft settles an outstanding FCPA enforcement action, Tom and Jay return to discuss both events and some of this week’s top compliance and ethics stories which caught their collective eyes.

  1. Facebook settles with the FTC for $5bn. Does it matter? Mike Issac and Natasha Singer in the NYT. Kevin LaCroix on why data privacy is such a high corporate risk. SEC piles on with another $100MM.
  2. Microsoft settles FCPA enforcement action for $25MM.
  3. Can an ethical culture be measured? Vera Cherepanova says yes.
  4. What is a ‘pulse check’ for compliance? Mary Shirely explains.
  5. What is the intersection of FCPA enforcement and suspension and debarment? Jay explains.
  6. What are the 5 complaince takeaways from the Walmart FCPA enforcement action? Jaclyn Jaeger weighs in. (sub req’d)
  7. Is Santa Claus real? Jonathan Rusch on the Chinese anti-corruption efforts around Belt and Road.
  8. Are there too many cooks in the FCPA enforcement kitchen? Helen Jiang says no.
  9. Trade sanction fines hit alltime high. Mengqi Sun reports.
  10. The week’s notable milestone-Mike Volkov celebrates his 100thanniversary show.
  11. This week Tom had a special 5-part podcast series sponsored by AMI on the use of monitors by State AGs, with Jerry Coyne. Check out the following: Part 1-Introduction to the Role of State AGs; Part 2-Big Tobacco litigation; Part 3– Litigation in the post-tobacco era; Part 4-Current Multistate litigation challenges; Part 5-the Road Ahead.  The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotifyand Corporate Compliance Insights. The Compliance Podcast Network joins C-Suite Radio.

 

Categories
Everything Compliance

Everything Compliance-Episode 50-July Reflections Edition

Welcome to the only roundtable podcast in compliance. Today, we have the full quintet of Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Armstrong and Sarah Hadden. Rants and shouts outs follow the commentary for this episode.

  1. Jay Rosen considers why governmental entities other than the federal government benefit from independent integrity monitors in their oversight capacity. This includes state AGs, state regulators, counties, cities and school districts. Jay reflects on the anniversary of his father’s death and shouts out to his memory for all the great advice he got from him.
  1. Jonathan Armstrong considers how the ICO has bared its teeth in two recently proposed enforcement actions for data breaches; British Airways and Marriott. Jonathan shouts out to the England team which won the recently concluded Cricket World Cup and to the graciousness in defeat of the New Zealand team which lost in heartbreaking fashion.
  1. Sarah Hadden reflects on her six-month ride as owner/publisher of Corporate Compliance Insights. Hadden shouts out to a team of a female filmmakers who have formed One Vote at a Time dedicated to the eradication of gun violence. Not only do they believe in a future free of gun violence but they deploy skills to elect legislators at all levels of government to fight for it.
  1. Matt Kelly considers the compliance lessons from the Trump Administration’s detention camps on the US/Mexico border. Kelly rants about the USOC which is hiring its very first CCO. He also notes that it took him six clicks to find the USOC Code of Conduct on the Commission’s website.
  1. Mike Volkov discusses the new DOJ Antitrust Division’s Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations. Volkov shouts out to the Greater Houston Business and Ethics Roundtable (GHBER) as a model for local business ethics groups.
  1. Tom joins in a shout out to the author Andrea Camilleri, at the age of 69, took up mystery novel writing and came up with the Inspector Montalbano detective books.

The members of the Everything Compliance are:

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.

Categories
Daily Compliance News

Daily Compliance News: July 22, 2019, Pickers and Packers edition

In today’s edition of Daily Compliance News:

  • CVS alleged to have used compliance personnel as ‘pickers and packers’. (NYT)
  • Even head of FCA says regs to complicated. (FT)
  • Be careful out there: British Airways and Lufthansa canceled all flights to Cairo. (Washington Post)
  • Lawmakers ask Trump to get out of Pentagon contracting decisions. (Reuters)
Categories
Daily Compliance News

Daily Compliance News: July 19, 2019, Qualcomm spanked edition

In today’s edition of Daily Compliance News:

  • Qualcomm spanked in Europe for antitrust behavior. (NYT)
  • UK Financial Reporting Council gets a new leader.(WSJ)
  • Epstein denied bail. (WSJ)
  • Zuma about to quit anti-corruption probe. (FT)
Categories
Daily Compliance News

Daily Compliance News: July 18, 2019, revenge for Freedom Fries edition

In today’s edition of Daily Compliance News:

  • Sackler family name removed from the Louvre. (NYT)
  • More fallout from Sarclad acquitals. (WSJ)
  • EU open anti-competition investigation into Amazon. (Washington Post)
  • Payola hoops coach sentenced to time served. (NY Post)
Categories
Daily Compliance News

Daily Compliance News: July 16, 2019, the Zuma to testify edition

  • French bank Société Générale sued over Cuba holdings.(WSJ)
  • In testimony, former South African President Zuma says no graft occurred. (Irish Times)
  • Waivers and the SEC. (WSJ)
  • EU holds seven optical companies guilty of cartel behavior. (EU Competition Commission)
Categories
FCPA Compliance Report

FCPA Compliance Report-Episode 437, Kelly Leonard on The Second City Works and Compliance

In this episode of the FCPA Compliance Report, I visit Kelly Leonard, Executive Director, Insights and Applied Improvisation at The Second City Works. We discuss the compliance training which The Second City Works has developed and how they have incorporated storytelling into compliance training and communications.
Some of the highlights include:
  1. Most folks are familiar with Second City but what is Second City Works?
  2. What are the service offerings of Second City Works?
  3. What is the Second Science Project and how does it inform your service offerings?
  4. Why is storytelling so important in training and ongoing communications?
  5. The book “Yes, And: How Improvisation Reverses “No, But” Thinking and Improves Creativity and Collaboration–Lessons from The Second City”.
  6. How do you mentor Millennials but sidestep the drama?
  7. As a company scales up or grows how can it keep its lines of communications open?
  8. Where can listeners go for more information?
You can find more information on The Second City Works by checking out their website, here.
Categories
Daily Compliance News

Daily Compliance News: July 13, 2019, the Facebook fined edition

In today’s edition of Daily Compliance News:

  • FTC proposes a $5 bn fine for Facebook. (NYT)
  • Epstein developments-(1) Feds allege witness tampering (NYT); (2) Acosta resigns. (WSJ)
  • Deutsche Bank pays $175MM to settle bribery allegations. (FT)
  • Head of Vatican’s Sistene Chapel choir resigns amid fraud allegations. (Reuters)
Categories
This Week in FCPA

This Week in FCPA-Episode 162 – the Halfway to ‘Take it Back’ edition

The All-Star Game has come and gone and the Astros are halfway back to returning the World Series trophy to Houston.  As Tom and Jay look forward to the second half of the baseball season,  they are back  to discuss some of this week’s top compliance and ethics stories which caught their collective eyes.
1.    GDPR week.
2.    Why do FCPA resolutions take so long? Matthew Stephenson considers through the lens of the Walmart FCPA enforcement action.
3.    What is suspension and debarment? Jay Rosen explains in Part 1 of a five-part series.
4.    The FBI is actively investigating in Latin America. Matt Ellis reports.
5.    What finance can learn about compliance from recent corporate scandals.
6.    Deutsche Bank now under scrutiny for its role in 1 MDB scandal. Dylan Toklar continues to nail.
7.    What is data maintenance and why is it so critical to compliance?
8.    CCOs and D&O coverage. Julie DeMauro and Janaya Moscony.
9.    Caremark is alive and well, at least when it comes to ice cream.
10. Have you checked in on Trekkng Through Compliance? If not sample of this week’s exploration of Star Trek-the Original Series and compliance. Check out the following: Monday-Metamorphosis; Tuesday-Journey to Babel; Wednesday-Friday’s Child; Thursday-The Deadly Years; and Friday-Obsession. The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTubeSpotifyand Corporate Compliance InsightsCompliance Podcast Networkand now on the C-Suite Radio Network.
11. Tom and Jonathan Marks are joining Sean Freidlin (back from his honeymoon) on a Hanzo webinar on Wednesday, July 17 at 2 PM EDT. We discuss compliance research, trend and key enforcement actions from Q2. The event is free. For more information and registration details, 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.
Categories
Popcorn and Compliance

Toy Story 4

In this podcast series, recovering screenwriter (and Mr. Monitor) Jay Rosen and Tom (the Compliance Evangelist) indulge in passion for the movies by looking at them through the lens of compliance. Jay is a contemporary movie fan and I am more of a classic movie maven so we present a well-rounded view of the movie fandom. If you want to indulge in your love for the movies with two guys who are passionate about Hollywood and get some ideas for your compliance program, this is the podcast series for you.For this  offering, we consider the recently released Toy Story 4.
Some of the highlights include:

  • Why did this movie seem to come from a place of revenue generation over emotion?
  • Where was the heart of the movie?
  • Why did the entire movie seem so contrived?
  • Lack of minor characters playing much of any role.
  • The introduction of ‘Forky’ and does this character work?
  • Jay gives the Inside Hollywood story of the production.
  • Jay gives the movie not only a half-full bucket of popcorn but a stale half-bucket as well. Tom joins with a half-bucket of popcorn as well but goes with fresh popcorn. Both were very disappointed in the film.

Some of the Compliance takeaways:

  1. How do you onboard new employees around compliance and ethics?
  2. What is your investigative protocol?
  3. Get out of the office and into the field.