Categories
FCPA Compliance Report

Ethics Madness 2023

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. This episode was recorded during March Madness, the return of Jason Meyer and Tom For Ethics Madness. In Ethics Madness, dive into the ethical questions surrounding the University of Alabama basketball team and their missteps in handling incidents involving their players. In this exciting podcast, the hosts discuss the possibility of redemption for individuals who have committed past indiscretions and how companies must vet their employees for a better work environment. They also cover topics such as mental health, the importance of diversity, equity, and inclusion in the workplace, and how companies should embrace ESG for a better business process. You’ll also hear insightful interviews with professionals on compliance and ethics education and enjoy fun segments like the Compliance Anthem of the Week. Don’t miss out on this amazing podcast that will inspire and educate compliance and ethics professionals. 

Key Highlights

·      Ethics in Sports: University of Alabama Basketball

·      Can you love art but not artists?

·      Redemption for unethical behavior in sports

·      The Power of Forgiveness & Reputation Management in Sports

·      Mental health in the compliance profession

·      Political Pressure on DEI Programs in the Southern States

·      Fostering DEI in Organizations

·      Core values and politics in universities & ESG betting

·      ESG in Energy Business Processes

·      Ivy League success in March Madness

·      Professional skepticism and NCAA tournament predictions

 Notable Quotes

“Should I feel guilty that I put the tide in my bracket?”

“Even energy companies are doing ESG. Why? Because they see it in their self-interest.”

“Spending more time and more attention now helping organizations with including and engaging with the neurodivergent people in their workforces and trying to involve those workers in ethics compliance, and that’s been fascinating work as well.”

“And to me, Tom, this debate feels like a debate at the core of ethics and compliance because this is an example of some core values.”

Resources

Jason Meyer on LinkedIn

The Eight Mindsets Podcast on Spotify

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
31 Days to More Effective Compliance Programs

One Month to More Effective Internal Controls – Culture as a Foundational Internal Control

To conclude this month’s series on Internal Controls, I am joined by Vin DiCianni, Founder and CEO of AMI. We discuss how corporate culture is a foundational internal control. It is a fascinating topic that is not discussed enough by compliance professionals.

3 Key Takeaways.

  1. It must start at the top.
  2. Hiring is critical to creating and sustaining an ethical culture.
  3. Creative internal controls around culture.
Categories
FCPA Compliance Report

Erica Salmon Byrne – Information is a Gift

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, I am joined by Erica Salmon Byrne, the CEO of Ethisphere, to discuss the company’s recent “2023 Ethical Culture Report: Lessons from the Pandemic.” Erica shares that the report found a significant uptick in reported cases of bullying, likely due to masking feelings with the anonymity of a keyboard. While an employee’s direct manager is most often the first avenue for employees to report concerns, other forms of reporting weren’t utilized due to a fear of retaliation. Erica suggests that companies need to make it easy for employees to communicate broader ethical issues, as doing so will result in a tripling of employee faith in the system.

Key Highlights:

·      The Impact of the Pandemic on Bullying Incidents

·      Reasons Younger Employees Don’t Speak Up When Witnessing Unethical Behavior

·      Creating a Speak Up Culture in the Workplace

·      Improving Communication Between Employees and Managers

·      Reporting Issues to Managers: Examining the Results of a Recent Report

·      The Importance of Managerial Leadership in Ethical Decision Making

·      The Importance of Making it Easier for Employees to Report Issues

Notable Quotes

1.    “Employee willingness to raise their hand stayed pretty steady.”

2.    “It’s a lot easier to be a jerk behind a keyboard than to be a jerk to somebody’s face.”

3.    “The reason we have non-retaliation language in our code is that information is a gift.”

4.    “Think of the information as a gift, practice thinking of the information as a gift, and then your responsibility as the manager is to listen and follow up.”

Resources:

Ethisphere Resources

·      Ethisphere

·      2023 Ethical Culture Report

Connect with Erica Salmon Byrne

●      LinkedIn

Connect with Tom Fox

●      LinkedIn

Categories
Everything Compliance

Episode 109, The New Year’s Edition

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. Everything Compliance has been honored by W3 as the top talk show in podcasting. In this episode, we have the quintet of Jay Rosen, Jonathan Armstrong, Jonathan Marks, Tom Fox, and Matt Kelly, all discussing issues they are looking at as we begin 2023. We conclude with our fan-fav Shout Outs and Rants section.

  1. Matt Kelly looks at some of the ESG issues he will be following in 2023, including SEC rules around ESG, potential audit requirements, who will hold this function internally, and the new role of the ESG Controller. He rants about Zulily and its SOX compliance failures which allowed an employee to embezzle over $300,000.

2. Jonathan Marks looks at corporate governance issues in 2023, including board structure and guidance, recent Board failures, and Board oversight and monitoring. He shouts out to the NFL to cancelling the game between the Bengals and Bills.

3. Tom Fox shouts out to the 50th anniversary of School House Rock and lists his top five.

4. Jonathan Armstrong gives us a preview of 5 key issues he is following for 2023: ESG, GDPR fines, ransomware, supply chain risk issues, and crypto scams. He rants about the mistreatment of Prince Harry’s dog and asks if the dog was traumatized when Prince William knocked his brother (Prince Harry) down and broke the dog’s food bowl.

5. Jay Rosen reviews acronyms that drive him crazy. He shouts out to EMS personnel in Cincinnati for training and being prepared when Damar Hamlin went into cardiac arrest during the Bills game and saved his life.

The members of Everything Compliance are:

•       Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com

•       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu

•       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 jonathan.armstrong@corderycompliance.com

•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com

The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox, the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

Categories
Creativity and Compliance

Training Jams – Using Music to Communicate E&C

Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection – all take creativity. Join Tom Fox and Ronnie Feldman on Creativity and Compliance, part of the award-winning Compliance Podcast Network.

Ronnie’s company, Learnings and Entertainment, utilizes people’s entertainment devices to consume information in their everyday, non-work lives and apply it to important topics around compliance and ethics. It is not only about being funny. It is about changing the tone of your compliance communications and messaging to make your compliance program, policies, and resources more accessible.

In this episode, Tom and Ronnie discuss a great new series of offerings by L&E, entitled ‘E&C Training Jams.’ E&C Training Jams are an offering by L&E using music as a non-traditional way to communicate with your employees and to build an overall culture of compliance in your organization. In Training Jams, a soulful singer banters about ethics & compliance, explaining policies, sharing examples, and debunking excuses. Ronnie goes so far as to say about E&C Training Jams, “quite frankly, the coolest thing that I’ve ever made because the music gets stuck in your head, and they leave you with a smile.”

Resources:

Check out  Ronnie Feldman on LinkedIn

Check out Learnings & Entertainments on LinkedIn

Follow Ronnie Feldman on Twitter

Learnings & Entertainments 

 L&E Offerings-E&C Training Jams

E&C Jams Sizzle Reel

E&C Jams Promo Reel Landing page

E&C Jams Web Page

Categories
GalloCast

Gallocast – Episode 5

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 on 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 dinner table. Hosted by Tom Fox, the Voice of Compliance.

Topics in this episode include:

  • FTX
  • Elizabeth Holmes was sentenced. End of an era in tech?
  • Compliance program incentives and clawbacks.
  • Assessing culture.
  • Monaco Memo

Resources

Nick Gallo on LinkedIn

Gio Gallo on LinkedIn

Ethico

Categories
Blog

Farewell to Christine McVie and Improving Culture in the Era of Hybrid Work

It is not simply the Department of Justice (DOJ) who have emphasized corporate culture over the past 14 months. Many companies and compliance professionals have worried about culture since the Covid-19 pandemic forced organizations to adapt to new working arrangements which, by their nature, isolated employees. Now with the return to work in the form of hybrid work, many compliance professionals are thinking about how to re-engage employees from a cultural perspective in a manner which will meet the new DOJ strictures announced by Deputy Attorney General (DAG) Lisa Monaco in her October 2021 speech.

Before we get to today’s blog, I want to take a few lines to mourn the passing of Christine McVie, from the mega-Super Group Fleetwood Mac. She is the first of their five-person classic line up to pass. She was married to bassist John McVie during part of her tenure with the group. While most fans focused on Stevie Nicks as the lead singer of the group, for me, the top voice was always McVie. Husky and sultry, it was the perfect counterpoint to Nicks. McVie was also the band’s keyboardist and, more importantly, a fantastic songwriter. Her New York Times (NYT) obituary reported that in the band’s Fleetwood Mac’s “Greatest Hits” anthology, which was released in 1988 and sold eight million copies, McVie “either wrote or co-wrote half of its 16 tracks.” Some of the songs she wrote (or co-wrote) included: Say You Love Me, You Make Lovin’ Fun, Hold Me, Don’t Stop, Over My Head and Little Lies.

I was intrigued by a recent Harvard Business Review (HBR) article, entitled Revitalizing Culture in the World of Hybrid Work, reviewing a Gartner study entitled ‘Evolve Culture & Leadership for the Hybrid Workplace’. The article noted, “two-plus years into the pandemic, many leaders worry that remote and hybrid work are undermining their organizations’ culture. Their concerns aren’t entirely misplaced: A 2022 global study by the research and advisory firm Gartner found that just 25% of remote or hybrid knowledge workers feel connected to their company’s culture. But forcing employees back to the office is risky, as CEOs including Elon Musk and Jamie Dimon have discovered firsthand. Companies should take another tack.”

Indeed, the article quoted Alexia Cambon, a research director in Gartner’s HR practice and a principal author of the study, who said, “I find it ironic when leaders say they need to bring workers back to the office because of culture. They’re going to get the opposite of what they hope for. Instead of viewing hybrid work as a disruption to the cultural experience, leaders should see it as an opportunity to build culture differently.” The reality is that even with the rantings of Musk, hybrid work is here to stay not simply because employees want it, but it makes a company run more efficiently.

Cambon explained that culture has two components. The first is alignment, which she defined as “employees know what the culture is and believe that it is right for the firm.” The second is “connect­edness, which means that those same employees both “identify with and care about the culture.” The Gartner survey of “more than 4,500 knowledge workers and 200 HR leaders showed that in-​office mandates drove connectedness sharply down. Among employees with “radical flexibility” (defined as considerable freedom over location, schedule, work volume, team, and projects), 53% reported a high degree of connectedness, whereas just 18% of those with low flexibility did so.”

Understanding this culture dichotomy is important because most compliance professionals are struggling with how to re-engage employees with their corporate culture. Certainly, the Monaco Memo mandates around corporate culture are also driving these concerns. The starting point is to realize that pre-pandemic most efforts to imbue and communicate about corporate culture were around alignment. Compliance professionals tended to believe that “connectedness would occur more or less by osmosis.” Obviously, this approach needs to be rethought in a hybrid working environment “where employees spend 65% less time in offices than they did before the pandemic.” Fortunately, the article provides a three-step roadmap for compliance professionals to do so.

Communicate culture through your organization’s work. The pandemic showed that productivity increased when employees worked from home as “People often have more time for deep work.” An organization needs to use this insight as an “opportunity for employers to instill culture through daily tasks.” Cambon believes, “Every time you engage in a task, you should see the corporate culture reflected in it.” To accomplish this compliance professionals should audit “firm’s work processes to make sure they are compatible with the intended culture… “Say you want your firm to be innovative, forward-thinking, and fast-paced. If your methodologies are bureaucratic and your systems have constant technical glitches, that will undermine the culture.” For the compliance professional, it would allow you to reinforcement your culture messaging literally with every task an employee engages in.

Connect through emotional proximity. Musk and Dimon believing that “in-office interactions sustain culture confuses physical proximity with the more important sensation of emotional proximity.”  They are very different as “physical proximity is being in the same space as another individual” whereas “emotional proximity is being of importance to others.” Yet with fewer workplace interactions, each exchange can make a much stronger impact. It allows and even requires that meetings become more efficient so as not to waste everyone’s time. Compliance professionals can help the business leaders “create moments of emotional proximity by helping remote employees see how their work connects to the company mission.” Most importantly, the article states, “The more employees feel that their contributions are valuable, the more connected to the culture they become.”

Shift from optimizing corporate culture to fostering microcultures. Every Chief Compliance Officer (CCO) at a multinational understands the challenge of creating a strong corporate culture while also allowing local microcultures to thrive. But this challenge can provide an opportunity for “team-level experiences increased connectedness substantially more than enterprise-wide initiatives did. As a compliance professional, you can provide the “guidance to sail in the right direction” without prescribing specific norms and behaviors. The article concludes, “The pandemic has radically changed how employees experience corporate culture, and firms must embrace the new reality. “By relying less on osmosis to drive connectedness and more on intentionality, leaders will see outsized impact on performance and intent to stay.””

Tom’s Top Five Christine McVie playlist (all from YouTube)

Say You Love Me

You Make Lovin’ Fun

The Chain

Over My Head

Little Lies

Categories
Daily Compliance News

October 4, 2022 the Something Fishy Edition

In today’s edition of Daily Compliance News:

  • Cheating in a fishing tournament. (ESPN)
  • Abuse in women’s soccer. Those in authority looked away. (NYT)
  • DOJ promises more individual white-collar enforcement. (WSJ)
  • SCt turns down Platinum Partners fraud convictions. (Reuters)
Categories
Innovation in Compliance

Messaging Through a Great Culture with Richard Blank


 
Richard Blank is the founder, CEO, and head bilingual trainer at Costa Rica’s Call Center, a business process outsourcing (BPO) telemarketing company. They offer outbound and inbound telemarketing solutions of the highest quality. Tom Fox welcomes him to this week’s show to talk about Costa Rica’s Call Center, how they help their clients, why he opened a call center in Costa Rica, and how to lead a successful call center in a foreign country. 
 

 
The Core of Costa Rica’s Call Center
Tom asks Richard why he decided to open a call center in Costa Rica and how the term Learning through the Proletariat” influenced his business model. Richard explains that as a CEO who works among people, you learn the importance of training and keeping your employees and customers. “One thing that I heard most sitting amongst people that are in a call center industry is that they feel expendable,” he tells Tom. To counteract this, he invests in his employees’ careers by promoting them and teaching them English so that they have pride and security in their job. Additionally, he has several retro arcade game machines that allow the employees to meet colleagues from other departments, and to relax, “or even hang out with el jefe”. He explains that this creates a safe, enjoyable workplace culture and an atmosphere of trust and institutional fairness.
 
BPO Telemarketing Outsource Company
Tom asks Richard to define a BPO telemarketing outsourcing company. BPO stands for business process outsourcing, and it is done in several parts of the world, including the Philippines where it is known as offshore. However, since Costa Rica is so close to the United States, it is considered a near-shore outsourcing company. “[That] could be either a blended or mixed center where they work on multiple accounts; usually it’s for overflowing and answering service,” he explains. Every one of Costa Rica’s Call Center’s agents is assigned to and works specifically for a client. He explains why having a brick-and-mortar call center is more beneficial for them versus being completely remote: problems like Internet redundancy and electricity failure plague remote workers, while at the in-person center, there are multiple tools and resources to hedge technical difficulties.
 
Nearshoring and Outsourcing
Tom asks why Richard chose Costa Rica for a BPO center and what’s the difference in having a company in essentially the same time zone as the US. Richard describes Costa Rica’s ideal location, and that it’s a democratic society with no standing army. In addition, the country’s literacy rate is 95%, and it has the best infrastructure in Central America. They also have highly skilled and experienced workers, some of whom have lived in the US and have dual citizenship. Furthermore, clients like the fact that agents are attuned to the North American market. It is also a safe place to visit for tourism.
 
Resources 
Richard Blank | LinkedIn | Twitter | Instagram | YouTube   
Costa Rica’s Call Center | Facebook
 

Categories
GalloCast

Welcome to the Gallocast-Episode 1


Welcome to the inaugural episode of 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 great insights on compliance brought to you by the co-CEOs of ComplianceLine. Fun, witty, insightful with a dash of the two brothers throughout. It’s like listening to the Brothers Gallo talk compliance at the dinner table. Hosted by Tom Fox, the Voice of Compliance. Topics in this episode include:
·      Return to office, WFH or hybrid?
·      Moderna CFO lasts for 1 day.
·      Keeping culture positive during acquisition?
·      ESG and climate reporting.
·      Howard Schultz goes on a listening tour.
·      When should a startup put in a compliance program?
·      Did we learn anything during the pandemic to end or at least reduce useless meetings?
·      What does Ukraine War mean for compliance?
·      What can top management do to ‘talk the talk’.
Resources
Nick Gallo on LinkedIn
Gio Gallo on LinkedIn
ComplianceLine