Tag: Data Analytics

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The ESG Report

The Legal Side of ESG with Christian Perez Font


 
Christian Perez Font has appeared on many of Tom Fox’s podcasts. He is the managing partner of Thinkeen Legal, a revolutionary law firm that specializes in corporate and commercial law, domestic and cross-border transactions, and compliance with a focus on startups, and small and mid-sized companies. He specializes in using data to help clients do traditional legal tasks. Thinkeen Legal’s main focus is the healthcare industry. In this episode, Christian and Tom discuss organizations’ legal approach to ESG. 
 

 
Compliance Through The ESG Lens
Tom asks Christian how he approaches M&A and compliance from an ESG perspective. Christian responds that when he looks at data and legal projects, he thinks about the data from two perspectives. “First you need to think of data as fuel because it’s what keeps your compliance cycle going on, your business cycle going on; but also as a measure of progress towards a certain goal.” The same goes for a company’s ESG program, he says. He explains that it is crucial to have fixed goals for each part of your ESG program as well as a way to measure your progress toward those goals. In an ESG program, you may have to analyze large sums of data in some cases, and in other cases the data may be very limited. He tells Tom, “When we talk about data in the governance side of things, you’re probably going to have fewer amounts of data to track than if you’re thinking about social responsibility.” 
 
The Nexus Between Healthcare Compliance and ESG
Thinkeen Legal is known for its work in the healthcare compliance industry, so Tom asks how data, healthcare, compliance, and ESG intersect. Christian explains that there’s a big intersection of ESG and compliance on the social responsibility side and governance sides.  He remarks, “When looking at acquisition as an investor, one of the things you want to look at is the social responsibility program to know if this is the company you want to invest in from a corruption standpoint… In the healthcare sector, we’ve seen some companies use social responsibility initiatives for improper purposes.” Therefore, he advises that good asset management – which is a part of a governance system – can provide you with useful information from a compliance perspective about what is happening in relation to ESG in the company. 
 
ESG and Data Analytics 
Tom asks Christian about the importance of ESG audits and the importance of the data you collect. Christian replies that auditors play a crucial role in data tacking by having to intimately understand the trends the company is tracing. “Data analytics and tracking play a major role in business acquisitions,” he points out. “Know as much as you can about the other. Understand the company’s ESG program and have a clear grasp of its social responsibility and environmental footprint.”
 
Resources 
Christian Perez Font | LinkedIn | Twitter 
Thinkeen Legal | Twitter | Instagram  
 

Categories
FCPA Compliance Report

Claire Worledge on Data Analytic Secrets


In this episode of the FCPA Compliance Report I visit with Claire Worledge. Claire is an internal auditor by professional training. She is the author of Data Analytic Secrets. We visit about her book and her work to bring greater visibility to data analytics to the internal audit profession and the wider compliance profession. Some of the highlights include:
What is data visualization?
What do you see as the role of data analytics in internal audit?
Why Claire wrote Data Analytic Secrets  and the audience for the book.
How can data analytics and visualization be used in fraud prevention?
How about anti-corruption/anti-bribery programs?
How can internal audit be best used in an anti-corruption/anti-bribery program?
What is the intersection of internal audit and internal control?
Resources
Claire Worledge on LinkedIn
Aufinia website

Categories
This Week in FCPA

Episode 298 – the NBA Playoffs Are Here edition


As the Celtics win Game One with a buzzer beater, Tom and Jay are back to look at some of the week’s top compliance and ethics stories in the NBA playoffs are here edition.
 Stories

  1. Mike Volkov takes a deep dive into the recent DOJ trial record. In a 3-part series on Corruption Crime and Compliance.
  2. Sexual harassment case too implausible for Hollywood? Adam Manno in the Daily Mail.
  3. KT Corp FCPA enforcement action analysis. Lawyers from Debevoise in Compliance and Enforcement.
  4. Stericycle FCPA settlement. DOJ Press Release. Harry Cassin the FCPA Blog. Tom begins a 3-part series on the FCPA Compliance Report.
  5. Data analytics informs SEC enforcement action. Jaclyn Jaeger in Compliance Week.
  6. SEC Chair Gensler reflects on 1st year of Chairmanship? Ephrat Livny in NYT.
  7. Into the crystal ball on climate disclosures. Mai-Khoi Nguyen-Thanh and Taylor Wirthin CCI.
  8. Should Elon Musk have been stopped long ago? Francine McKenna in Time.
  9. What should be on your audit committee agenda for 2022? Maureen Bujno, Krista Parsons and Kimia Clemente in Harvard Law School Forum on Corporate Governance.
  10. Putting the ‘G’ first in ESG. Lawrence Heim in practicalESG

 Podcasts and More

  1. Tom visits with Matt Galvin and Dan Kahn over a 2-part podcast series. In Part 1, they talk about dealing with the DOJ during a FCPA investigation and thereafter. In Part 2 we took a deep dive into the Lisa Monaco speech and what it means for compliance professionals.
  2. What is the only podcast dedicated to the intersection of Compliance and ESG? It’s the Compliance ESG Podcaston the CPN. Check out this week’s episode with Erika Peters of Exiger on the ESG Standards. For your added viewing pleasure check out the video pod on YouTube.
  3. This month on the Compliance Life, I visit with Susan Divers, Director of Thought Leadership at LRN. In Part 1, academic life and early professional career. In Part 2, she moves to the corporate world. In Part 3, Susan moves into the CCO chairs at AECOM.
  4. Are you a MCU fan? If so check out the latest 2 episodes of Popcorn and Compliance-the MCU Series as Tom and Megan Dougherty are going through the full MCU in chronological, not release date order. The latest two episodes are Black Widow and Black Panther.
  5. Why should you attend Compliance Week 2022? Find out on this episode of From the Editor’s Desk. Listeners get a $200 discount to CW 2022 with the discount code TFLAW $200 OFF. More here.

Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

Categories
The Ethics Movement

Converge21 Workshop Edition-Julia Arbery on Demystifying Data & Analytics


Welcome to The Ethics Movement, special podcast series highlighting Converge21 The Workshop Edition. This podcast series will feature some of the speakers at the event. You can find out more information about the event and register here. In this podcast, I visit with Julia Arbery, a partner at StoneTurn who will help the discussion on the Workshop, Demystifying Data & Analytics: Leverage What you Have for Effective Risk Management. You have collected this data from my program, now what? The panel will use sample data sets to outline a foundation for data driven risk management. Join us for a dynamic Workshop.

Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Innovation: Day 9-the Competitive Advantage of Data

The DOJ and SEC have both made it clear that they expect companies to be more robust in their use of data analytics in compliance programs. This means using data to not only detect and prevent illegal conduct but also in the remediation prong of any best practices compliance program as well through continuous improvement. In 2019, former Deputy Assistant Attorney General Matthew Miner said in a speech that the DOJ will inquire whether compliance departments have access to internal data that could help them identify misconduct and whether compliance officers make adequate use of data analytics in their reviews of companies under investigation. Since at least 2016 in the FCPA enforcement action involving Key Energy Services, Inc., the SEC has been communicating to compliance professionals of the need for increased use of data and data analytics in any compliance program.
The bottom line is that it is not if but when you begin to incorporate corporate information into your compliance program to make your compliance program more efficient and your business process run more effectively. My suggestion is that you begin now to identify the data you have access to and the data to which you currently do not have access. Find a way to bridge that gap.

Three key takeaways:

  1. DOJ pronouncements mandate CCO availability to and use of data.
  2. Data can be an actionable solution across geographic and business lines.
  3. Use data as a business strategy.

For more information, check out The Compliance Handbook, 4th edition, here.