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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 

Connect with me on the following sites:

Instagram

Facebook

YouTube

Twitter

Categories
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.

Categories
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.
Categories
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 

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Great Women in Compliance

Great Women in Compliance – Lisa Fine on Change, Culture and Community

Welcome to the Great Women in Compliance Podcast, hosted by Mary Shirley and Lisa Fine.

A few years ago, Lisa committed to doing one solo episode a year, and here is the 2023 episode.  As she prepared (which is always a strange experience as it isn’t for a conversation with someone else, but a soliloquy), this became a theme of “threes” – she talks about 3 topics, all of which start with “C” the third letter of the alphabet.   These are change, culture and community.

In the change section, she gives some spoiler updates on the GWIC 2.0 format, among other things.  She also talks about some of the things on her mind about organizational culture and how that has changed – and not changed – as we continue into a post-pandemic life.  Lastly, in terms of community, she reflects on our E&C community, some exciting upcoming events and her appreciation of all of the support in moving forward from Mary and so many #GWICs.

Corporate Compliance Insights is a much-appreciated sponsor and supporter of GWIC, including affiliate organization CCI Press publishing the related book; “Sending the Elevator Back Down, What We’ve Learned from Great Women in Compliance” (CCI Press, 2020). If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review.  Don’t forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you’re done, or if you can’t bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat.

If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review.  Don’t forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you’re done, or if you can’t bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat.

You can subscribe to the Great Women in Compliance podcast on any podcast player by searching for it and we welcome new subscribers to our podcast.

Join the Great Women in Compliance community on LinkedIn here.

Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program in Training and Communications – Using 360 Degrees of Compliance to Tell a Story

The 360-degree approach to compliance works with all the stakeholders in a compliance program, even the “Document, Document, and Document” stakeholders, i.e., the regulators. By using innovative techniques, one law firm came up with a mechanism to present verifiable evidence to regulators, using the basic techniques of social media in operationalizing compliance as a solution to a difficult compliance issue around, of all things, honey. This example shows how creative thinking by a lawyer in the field of import compliance led to the development of a software application using some of the concepts of social media. Once again, demonstrating the maxim that compliance practitioners (and lawyers) are only limited by their imagination, this software tool demonstrates the power of what a 360-degree view can bring to your compliance program.

Three Key Takeaways:

  1. Use the tools of social media to help tell your story of compliance.
  2. You are only limited by your imagination.
  3. Converging text, pictures, and data can be a powerful tool in compliance.
Categories
Blog

Gordon Lightfoot, Corporate Stakeholders and Compliance

Last week, we lost Canadian singer Gordon Lightfoot to Rock & Roll Heaven.  In the 70s he had a series of hits which were some of the most heartfelt songs I can recall, including Sundown, If Could Read My Mind, Carefree Highway, Canadian Railroad Trilogy and of course, The Wreck of the Edmund Fitzgerald. If you were growing up in the 70s, the minute you heard the opening lines If you could read my mind, love,/What a tale my thoughts could tell./Just like an old-time movie,/’Bout a ghost from a wishing well” and you heard the sonorous bass, you knew it was Gordon Lightfoot. According to his New York Timesobituary, “Mr. Lightfoot was a national hero, a homegrown star who stayed home even after achieving spectacular success in the United States and who catered to his Canadian fans with cross-country tours. His ballads on Canadian themes, like “Canadian Railroad Trilogy,” pulsated with a love for the nation’s rivers and forests, which he explored on ambitious canoe trips far into the hinterlands.”

For me, Lightfoot was a storyteller, creating and performing what Steve Earle called “story songs.” For me, his top story was his 1976 folk ballad about the sinking of the Great Lakes freighter the SS Edmund Fitzgerald, who sank 17 miles from the entrance to Whitefish Bay.  Mike Ives, also writing in the New York Times, said “The Wreck of the Edmund Fitzgerald,” “was unusual partly because, at more than six minutes long, it was about twice as long as most pop hits. It also retold a real-life tragedy — the 1975 sinking on Lake Superior of a freighter with 29 crewmen aboard — with meticulous attention to detail.” Eric Greenberg said it was a “documentarian’s song.” It still haunts me to this day as The church bell chimed ’til it rang twenty-nine times; For each man on the Edmund Fitzgerald.

 In 2019, the Business Roundtable announced the release of the Statement on the Purpose of a Corporation (The Statement). The Statement was signed by 181 Chief Executive Officers (CEOs) who committed to lead their companies for the benefit of all stakeholders – customers, employees, suppliers, communities and shareholders. It stated:

Americans deserve an economy that allows each person to succeed through hard work and creativity and to lead a life of meaning and dignity. We believe the free-market system is the best means of generating good jobs, a strong and sustainable economy, innovation, a healthy environment and economic opportunity for all. 

Businesses play a vital role in the economy by creating jobs, fostering innovation and providing essential goods and services. Businesses make and sell consumer products; manufacture equipment and vehicles; support the national defense; grow and produce food; provide health care; generate and deliver energy; and offer financial, communications and other services that underpin economic growth. 

While each of our individual companies serves its own corporate purpose, we share a fundamental commitment to all of our stakeholders. We commit to: 

  • Delivering value to our customers. We will further the tradition of American companies leading the way in meeting or exceeding customer expectations.
  • Investing in our employees. This starts with compensating them fairly and providing important benefits. It also includes supporting them through training and education that help develop new skills for a rapidly changing world. We foster diversity and inclusion, dignity and respect.
  • Dealing fairly and ethically with our suppliers. We are dedicated to serving as good partners to the other companies, large and small, that help us meet our missions.
  • Supporting the communities in which we work. We respect the people in our communities and protect the environment by embracing sustainable practices across our businesses.
  • Generating long-term value for shareholders, who provide the capital that allows companies to invest, grow and innovate. We are committed to transparency and effective engagement with shareholders.

  Each of our stakeholders is essential. We commit to deliver value to all of them, for the future success of our companies, our communities and our country.

This Statement dramatically changed the conversation in the compliance and business communities and the wider US political debate. The Statement will gave every compliance officer, Corporate Social Responsibility (CSR) professional, ethicist and all others interested in moving the ball of corporations treating a variety of stakeholders with dignity and respect greater ammunition in fighting corporate malfeasance. It also presaged the explosive growth in ESG.

Many compliance professionals have struggled with how to implement a ‘stakeholder’ strategy which might focus on all stakeholders listed in the Statement. I was therefore intrigued by a recent article in the Harvard Business Review, 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.”

Over the next series of blog posts, I will be exploring the authors ideas from the compliance perspective. I will you will find this blog post series timely and useful.

Tom’s Top 5 (all from YouTube)

Sundown

If Could Read My Mind

Carefree Highway

Canadian Railroad Trilogy

The Wreck of the Edmund Fitzgerald

Categories
Compliance Week Conference Podcast

Billy Jacobson – A Fireside Chat with Glenn Leon

In this episode of the Compliance Week 2023 Speaker Preview Podcasts series, Billy discusses some of his fireside chats at Compliance Week 2023 with Glenn Leon, head of the Fraud Section at the DOJ, “Confronting Corporate Crime.”

Join Billy as he visits with Glenn Leon for a discussion focused on the priorities for the fraud section and what compliance professionals can expect in the coming year. Hear the DOJ’s perspective on evaluating corporate compliance programs, including implementing the DOJ’s new white-collar policies, such as violations of FCPA, and investigating complex schemes involving health care, securities, and procurement fraud.

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.

I hope you can join me at the event. 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.

Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program in Training and Communications – Compliance and the Clash of Cultures

One of the more difficult things to predict in the mergers and acquisition context is how the cultures of the two entities will merge. Further, while many mergers claim to be a ‘merger of equals’ the reality is far different as there is always one corporate winner that continues to exist and one corporate loser that simply ceases to exist. This is true across industries and countries; witness the debacle of Daimler Chrysler, the disaster of the HP acquisition of Autonomy, or the slow downhill slide of United Airlines, Inc. after its merger with Continental Airlines.

In the compliance space this clash of cultures is often seen. One company may have a robust compliance program, with a commitment from top management to have a best practices compliance program. The other company may put profits before compliance. Whichever company comes out the winner in the merger, it can certainly mean not only conflict but if the winning entity is not seen as valuing compliance, it may mean investigations and possibly even violations going forward.
Learning how your employees in other countries will approach decision-making and leadership will give you, as the CCO, insight into how they will approach compliance. It will require you to get out into the field to talk with folks. If your company grows organically or through M&A or the JV route, it will need to understand how your new employees will not only think through issues but how they will relate to instructions from the home office in America.

Three key takeaways:

  1. Culture clash through a merger can be extremely negative for a company.
  2. What are the cultures of leadership in your organization?
  3. Learning how your employees approach decision making can provide insight into how the will approach compliance.