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Daily Compliance News

Daily Compliance News: August 15, 2024 – The $475MM in Fines Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance, brings you compliance-related stories to start your day. Sit back, enjoy a cup of morning coffee and listen to the Daily Compliance News. All from the Compliance Podcast Network.

Each day, we consider four stories from the business world: compliance, ethics, risk management, leadership, or general interest for the compliance professional.

In today’s edition of Daily Compliance News:

  • More fines for failure to monitor employee text messaging.  (WSJ)
  • Boeing and the cost of culture failure. (NYT)
  • The former Trafigura COO is set for trial for failure to prevent corruption. (WSJ)
  • Big payday for shareholder lawyers in the Dell case. (FT)

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

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Principled Podcast

Principled Podcast – S9 E20 – What You Measure is What Matters: Training Effectiveness at Dell

What you’ll learn on this podcast episode

Does learning actually occur as a result of ethics and compliance training, or are employees just paying lip service when they take courses? How can you tell the difference? Today, the E&C community is focused on program impact and effectiveness rather than checking boxes—in part because regulators have made it clear that E&C programs must show impact from their activities. On the season 9 finale of the Principled Podcast, Susan Divers discusses how compliance teams can ensure they’re getting the right insights to improve their programs with Kristi Kevern, the senior managing director at Dell Technologies. Listen in as Kristi shares how her team collects and analyzes data to manage better and enhance Dell’s E&C program, particularly in the training area.

Guest: Kristi Kevern

Kristi Kevern – Grayscale

Kristi Kevern is an innovative thought leader with 20+ years of experience in internal control design, implementation, management, and assurance. At Dell Technologies, Kristi drives enterprise-wide risk management and governance activities, conceptualizes and implements global programs aimed at mitigating FCPA, AML, SOX, ESG, and other key risks, turns findings into fixes with post-investigation remediation, and experiments with AI and ML for further prevention and insights using data. Prior to Dell, Kristi served as a founding member of the Coca-Cola Company’s Ethics Office, where she investigated allegations of fraud and served as an ethics advisor to the credit union. As a former Big 4 manager at PricewaterhouseCoopers LLP, Kristi led assurance and attestation engagements for Fortune 500+ clients. Kristi is a recipient of TRACE International’s Innovation Award, and she has led Dell Technologies to an Ethisphere World’s Most Ethical Company designation 10 times. She is the membership chair of the Conference Board’s Global Business Conduct Council and a frequent speaker at conferences and universities. Kristi graduated with honors from Auburn University and is a Certified Public Accountant residing in Austin, Texas.

Host: Susan Divers

Headshot_Susan_Divers_S7E18_Principled_Podcast

Susan Divers is a senior advisor with LRN Corporation. In that capacity, Ms. Divers brings her 30+ years’ accomplishments and experience in the ethics and compliance area to LRN partners and colleagues. This expertise includes building state-of-the-art compliance programs infused with values, designing user-friendly means of engaging and informing employees, fostering an embedded culture of compliance, and substantial subject matter expertise in anti-corruption, export controls, sanctions, and other key areas of compliance.

Prior to joining LRN, Mrs. Divers served as AECOM’s Assistant General for Global Ethics and Compliance and Chief Ethics and Compliance Officer. Under her leadership, AECOM’s ethics and compliance program garnered six external awards in recognition of its effectiveness and Mrs. Divers’ thought leadership in the ethics field. In 2011, Mrs. Divers received the AECOM CEO Award of Excellence, which recognized her work in advancing the company’s ethics and compliance program.

Mrs. Divers’ background includes more than thirty years’ experience practicing law in these areas. Before joining AECOM, she worked at SAIC and Lockheed Martin in the international compliance area. Prior to that, she was a partner with the DC office of Sonnenschein, Nath, & Rosenthal. She also spent four years in London and is qualified as a Solicitor to the High Court of England and Wales, practicing in the international arena with the law firms of Theodore Goddard & Co. and Herbert Smith & Co. She also served as an attorney in the Office of the Legal Advisor at the Department of State and was a member of the U.S. delegation to the UN working on the first anti-corruption multilateral treaty initiative.

Mrs. Divers is a member of the DC Bar and a graduate of Trinity College, Washington, D.C., and the National Law Center of George Washington University. In 2011, 2012, 2013, and 2014, Ethisphere Magazine listed her as one of the “Attorneys Who Matter” in the ethics and compliance area. She is a member of the Advisory Board of the Rutgers University Center for Ethical Behavior and served as a member of the Board of Directors for the Institute for Practical Training from 2005–2008.

She resides in Northern Virginia and is a frequent speaker, writer, and commentator on ethics and compliance topics. Mrs. Divers’ most recent publication is “Balancing Best Practices and Reality in Compliance,” published by Compliance Week in February 2015. In her spare time, she mentors veterans and university students and enjoys outdoor activities.

Categories
The ESG Report

The Role of Digital Solutions for ESG with Page Motes

Tom Fox welcomes Page Motes to this episode of the ESG Report. Page is the Head of Global Sustainability at Dell Technologies. In this conversation, Page and Tom talk about sustainability, how Dell oversees it, and where sustainability may go in the future.

The Role of Sustainability 

Tom asks Page to elaborate on what role sustainability plays at Dell. “The way we define the sustainability role and purview at our company is around all things environmental and then an aspect of social, really the human rights piece,” Page says. Human capital management, diversity, equity, and inclusion are also part of how Dell defines sustainability. 

 

Moving from Compliance to Sustainability and ESG 

There are skills that compliance professionals have that individuals in the field of sustainability can develop. Page specifically points to the ability to understand ambiguity, especially when dealing with the ethics side of ESG and sustainability. On the ethics side, there are more gray areas, so you have to have a set form of values and morals to help you navigate them. In sustainability, not everything is regulated, so you have to understand what works. “You’re working on a global scale. You’re having to understand all aspects of the company and the business. You have to understand the balance between what the business needs for business acceleration and growth,” Page stresses. 

 

Sustainability of The Future

Tom asks Page where she sees sustainability going in the corporate world. Page expresses that companies, as well as Dell, are thinking about how the solutions they offer their user and customer base can help them achieve their goals. “How can technology be used to create systems of change? How can we decarbonize our technology?” These are questions companies are thinking about intently. Currently, ESG and sustainability are more focused on structures and programs to meet regulatory requirements, but Page hopes that in the future, they will be more focused on innovation and collaboration.  

 

Resources

Page Motes | LinkedIn 

Dell Technologies

Categories
The Compliance Life

Joe Burke – Into the CCO Chair

The Compliance Life details the journey to and in the role of a Chief Compliance Officer. How does one come to sit in the CCO chair? What skills does a CCO need to navigate the compliance waters in any company successfully? What are some of the top challenges CCOs have faced, and how did they meet them? These questions and many others will be explored in this new podcast series. Over four episodes each month on The Compliance Life, I visit with one current or former CCO to explore their journey to the CCO chair. This month, my guest is Joe Burke, most recently the Chief Ethics & Compliance Officer and Employment Counsel, Quest Software Inc.

Burke continues his roles at Dell, doing global audits and Investigations. He also worked his legal role to drive change in compliance. In 2017, he left Dell to move to the spin-off of Quest Software Inc. and a new role as Chief Ethics and Compliance Officer. In this role, he created a new compliance regime and worked with the Private Equity owners to bring about change at Quest in the area of compliance.

Resources

Joe Burke LinkedIn Profile

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The ESG Compliance Podcast

The Role of Digital Solutions in ESG with Page Motes


Page Motes joins us today with her expertise in sales and compliance. She shares how tech giant Dell is working on ESG compliance, the transferable skills compliance professionals must have to advance, the significance of multi-disciplinary learning, and how customers can contribute to this by making a more significant social impact.
▶️ The Role of Digital Solutions in ESG with Page Motes:
Key points discussed in the episode:
(00:00:36) Page Motes lays out her professional background. She describes the fast-paced culture and vendors’ often-overlooked concerns in large companies. Since then, she has sworn to only be in a position to “use my talents to help advance goodness in the world.”
(00:11:13) Page Motes defines ESG in Dell as “all things environmental and then an aspect of the human rights piece.” She underlines the three most important skills for compliance professionals: knowing how to deal with ambiguity, being an ultimate connector, and exerting authority.
(00:14:37) Her message to compliance professionals hesitant to move into ESG: have the desire to learn different disciplines.
(00:17:30) Dell aims to deepen and broaden gathered data across its supply chain to disclose information based on government requirements properly. Some Scope Three categories remain difficult to report.
(00:19:49) ESG results brought Dell to create Eureka, a crowdsourcing tool for employees to share their ideas with higher-ups and have them kickstarted.
(00:23:58) The different corporate functions in Dell’s sustainability efforts.
(00:25:58) Page Motes predictions for Dell’s ESG endeavors – more customer involvement and collaboration.
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Do you have a podcast (or do you want to)? Join the only network dedicated to compliance, risk management, and business ethics, the Compliance Podcast Network. For more information, contact Tom Fox at tfox@tfoxlaw.com.