Tag: COVID-19

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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.

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Everything Compliance

Everything Compliance-Episode 60


Welcome to the only roundtable podcast in compliance. Today, we have a serving of Jonathan Armstrong, Jay Rosen, Matt Kelly, and our newest panelist Jonathan Marks with a veritable potpourri of topics and issues. Rants and shouts outs (with commentary) conclude this episode.

  1. Jonathan Armstrong celebrates the anniversary of GDPR by looking back over the past year at some of the key decisions and enforcement actions.
  2. Jay Rosen takes a look at a rare release of a monitor’s report, in the Wynn Casino monitorship and data mines it for the compliance professional.
  1. Matt Kelly considers the difference in response by Facebook v. Twitter in the incendiary and racist tweets by Donald Trump.
  1. Jonathan Marks looks at the DOJ’s 2020 Update to the 2019 Evaluation of Corporate Compliance Programs.
  1. Tom Fox talks about how fighting racism and white supremacy is the responsibility of everyone. It is based on piece by Ben DiPietro here.

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

Categories
Compliance and Coronavirus

James Green on Operationalizing Risk Management During Covid-19


Welcome to the newest addition to the Compliance Podcast Network, Compliance and Coronavirus. As the Voice of Compliance, I wanted to start a podcast which will help to bring both clarity and sanity to the compliance practitioner and compliance profession during this worldwide health and healthcare crisis. In this episode, I am joined by James Green, Director of Risk Management Services at SAI Global. Green is a risk management professional who looks through issues and events such as the current health crisis and economic dislocation through the eyes of risk and risk management.
For more information, check out the resources SAI Global has made available on its website, by clicking here.

Categories
Everything Compliance

Episode 59-the Potpourri Edition


Welcome to the only roundtable podcast in compliance. Today, we have a serving of Jonathan Armstrong, Jay Rosen, Matt Kelly, special guest Jonathan Marks and Mike Volkov with a veritable potpourri of topics and issues. Rants and shouts outs follow the commentary for this episode.

  1. Mike Volkov looks at two recent enforcement actions involving food safety goes into his nuts and bolts toolbox to lay some actions a CCO or compliance professional can consider at this point in the Coronavirus health crisis.
  1. Jonathan Armstrong considers some of the international corruption risks around Covid-19 and the economies coming out of the health crisis.
  1. Jay Rosen explores what monitorships and compliance oversight may look like in the New Normal.
  1. Matt Kelly reports on the state of the compliance hiring market.
  1. Jonathan Marks looks at Board of Director overconfidence. 

Resources: 
Matt Kelly’s post, The Compliance Jobs Market on Radical Compliance.
Jonathan Marks post, Board Overconfidence on Board and Fraud.
Cordery Compliance client alert, Covid-19 and Corruption FAQs.
Mike Volkov’s posts on Blue Bell and Chipotle, both on Corruption Crime and Compliance.
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
  • Today’s special guest Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com
Categories
Daily Compliance News

May 6, 2020-the I Wanna Stay Home edition

In today’s edition of Daily Compliance News:

  • Will Covid-19 finish the work of the Business Roundtable? (Bloomberg)
  • What if you don’t want to return to work? (NYT)
  • Mexico urges US to investigate US officials tied to corrupt Mexican government official. (Reuters)
  • Yet another EY investigation in the UK. (The Guardian)
Categories
The Compliance Life

The CCO’s Role In Crisis Management with Russ Berland

Russ Berland, CCO at Aventiv Technologies, chats with Tom Fox about how his team is managing the current COVID-19 crisis, and his role as CCO in particular.
Crisis Management In The COVID-19 Crisis
Tom comments that crisis management should always be at the forefront for every CCO. He asks Russ to share how Aventiv is managing the current crisis. Russ is proud of his company’s proactive and successful response to the crisis. He manages the company’s enterprise risk management system, part of which is their risk register. A pandemic is one of the events on that register. As soon as the CDC announced that COVID-19 could become an issue for businesses, their team created a formal risk management plan that included “a list of all the people who are going to be part of the response team and all the actions they could take and what the elements were that would trigger the plan. That was written, circulated, approved and was ready to go several days before we needed it,” Russ says. The operational team now uses this oversight and governance document to execute the company’s response. Russ comments that this shows that risk and compliance “can look and see what’s coming, can prepare a way of dealing with it and then start the process.”
The CCO’s Role
Russ says that as CCO, he has two additional roles during this crisis. The first is to see the risks that might come up because of the crisis. The second is to make sure that other risks unrelated to the crisis, are also being addressed. “Crisis management is just risk management,” Russ says. “You just do it in a different time frame.”
Resources
Aventiv Technologies

Categories
Daily Compliance News

April 11, 2020-the Lost Vision edition


In today’s edition of Daily Compliance News:

  • Employees trust their companies around COVID-19. (Houston Chronicle)
  • Banks slowing down business stimulus package? (WSJ)
  • Has Softbank lost its vision? (Barron’s)
  • At least Trump hasn’t blamed cell phone towers (yet). (Washington Post)
Categories
Why a Duck

COVID-19 and Compliance: Part 5-Leadership and Final Thoughts


In this five-part series, Mike Volkov and Tom Fox consider COVID-19 from a variety of angles and perspectives; from the Board of Directors, the CCO, the ethical company, new laws and regulations, crisis management and leadership. In this fifth and final episode, we consider the paucity of leadership at the federal level and why this has put businesses at the forefront of leadership during this crisis. Highlights from the podcast include:

  1.  Why do we need strong federal leadership?
  2. Without federal leadership why is business leadership so important?
  3. Will CEOs who signed the Business Roundtable’s Statement on the Purpose of an Organization adhere to those principals in this time of crisis?
  4. What time horizons are you considering?
  5. Why is trust even more important now?
  6. How will the COVID-19 crisis test the mettle of companies in ways never seen in our lifetimes?

Resources
Mike Volkov
Call for Leadership
Absence of Federal Leadership 
Tom Fox
Trust in the Age of Coronavirus 
Final Thoughts
Mike Cherkasky on Testing Your Mettle

Categories
Why a Duck

COVID-19 and Compliance: Part 4-the Role of the CCO


In this five-part series, Mike Volkov and Tom Fox consider COVID-19 from a variety of angles and perspectives; from the Board of Directors, the CCO, the ethical company, new laws and regulations, crisis management and leadership. In this fourth episode, we consider the role of the Chief Compliance Officer and why compliance must step up to the corporate forefront to meet these challenges. Highlights from the podcast include:

  1.  Why compliance must NEVER sleep during the coronavirus crisis.
  2. What are some of the specific tactics a CCO can employ during the coronavirus crisis?
  3. What technological solutions can a CCO bring to bear?
  4. What time horizons are you considering?
  5. Why the COVID-19 crisis should force you to be creative?
  6. Why culture assessments are a key tool for a CCO during this crisis.
  7. How will enforcement view the coronavirus crisis three to five years from now?

Resources
Mike Volkov
Business Response
Tom Fox
Getting Started
Specific Tactics a CCO Can Employ
A Video Isn’t Just a Video
Eric Feldman on Culture Assessments During Coronavirus Crisis
According to Frank

Categories
Why a Duck

COVID-19 and Compliance: Part 3-Why Compliance Never Sleeps


In this five-part series, Mike Volkov and Tom Fox consider COVID-19 from a variety of angles and perspectives; from the Board of Directors, the CCO, the ethical company, new laws and regulations, crisis management and leadership. In this third episode, we consider some of the various laws and regulations impacted by the coronavirus health crisis. Highlights from the podcast include:

  1. What new or special challenges are there in the Supply Chain during the COVID-19 crisis?
  2. What are changes in employment laws that impact corporations during the coronavirus health crisis? What are some of the employee risks faced during this crisis?
  3. What are some of the challenges around data privacy/data protection?
  4. What is the Bank Secrecy Act and how does it come into play during COVID-19?
  5. How can a corporate monitor help during this crisis?
  6. Why compliance must NEVER sleep during the coronavirus crisis.

Resources
Mike Volkov
COVID-19 Supply Chain Risk Lessons
COVID-19: Important Changes to Employment Law
COVID-19: Employee Risks and Privacy
Bank Secrecy Act Compliance During the COVID-19 Crisis
Tom Fox
Boeing Needs a Monitor
Jared Connors on Supply Chain During Coronavirus
Joanne Taylor on Financial Crimes Compliance During Coronavirus