In today’s edition of Daily Compliance News:
- Deutsche Bank monitorship extended. (WSJ)
- Judge wanted to know who at First Energy who paid bribes. (News-Herald)
- Secret deal between Google and FB. (NYT)
- Musk lawyer said $420 tweet truthful. (Bloomberg)
In today’s edition of Daily Compliance News:
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. This week, Matt and Tom return to one of Matt’s favorite topics Elon Musk/Tesla. Some of the issues we consider:
· What happens when a business is lead by a runaway CEO?
· Implications of new SEC investigation.
· State of California investigation into racial discrimination.
· Where has the Board been all this time?
· Will the attitude of the SEC regarding enforcement change?
Resources
Matt in Radical Compliance
In this edition of the award-winning Everything Compliance – Shout Outs and Rants, the gang looks at their top Shout Out or early Rant from 2022. They include:
1. Karen Woody shouts out to workers in the travel industry who are keeping the US travel industry afloat..
2. Jay Rosen shouts out to Antonio Brown.
3. Matt Kelly rants about Elon Musk selling his shares of Tesla stock immediately before the company announces a major product recall.
4. Jonathan Armstrong shouts out to Nicholas Burks and the advent of the synthetic ransomware attack.
5. Jonathan Marks rants about the multiple and mixed messages from the CDC.
6. Tom Fox rants about Novak Djokovic.
How do you deal with having a leader who runs a public corporation?
Scenario: So you have a superstar CEO who is hyper-intelligent, dynamic, disruptive, and indeed uber-famous, and that person can bend the wind to his will, or so he thinks. Unfortunately, he also thinks rules and regulations like the SEC, disclosure, and financial statements are only for mere mortals, of which he is not one. He routinely makes questionable statements that drive his share price up and down. He also threatens employees with termination on the spot for those who don’t meet his rigorous work standards, even though the company has a written due process policy that H.R. has implemented.
As a compliance professional, how can you create a structure and work with a CEO who has an over-the-top personality and protect the company and work with that going forward? How do you utilize your Board of Directors? And other than perhaps giving your resignation or not taking the job to start with, — where might you start?
Key takeaways in the episode:
✔️ Why some great founders of disruptive companies struggle to transition into becoming mature corporate leaders. We run through several scenarios of a cult of personality with CEOs that started long before the technology boom and how leaders sometimes have destructive impulses that hurt their corporation?
✔️ Visionaries need practical people who know the rules, controls, and laws to run a company successfully. Kortney Nordrum, Regulatory Counsel & Chief Compliance Officer, states that a company will crumble without both. As compliance professionals, it is our job to rein it when all creative people don’t necessarily understand the rules they have to live by.
✔️ The Board of Directors’ job is to protect the company. If the CEO is a liability or presents insurmountable risks, that will ultimately fall on the board’s shoulders. Leverage your independent directors because, at the end of the day, the Board is the boss of the CEO.
✔️ Assess who is under the spell of the CEO? Is it internal, or is it external? If people are so bought into the person that they agree to whatever he says, it’s an internal culture issue. Ensure that some people are keeping perspective and monitoring controls are being enforced.
✔️ Why startups should institute internal controls early. As soon as you start employing people and go through hiring and payroll processes, that’s when you have to start caring about compliance and ensuring you have internal control structures to support what you’re building.
✔️ Culture trumps everything. Whether you’re working for a very charismatic disruptor CEO or a conservative CEO, the company’s culture should be one of compliance. If it’s not, then as a compliance professional, it’s your job to try to establish that.
✔️Even if you work for a disruptive leader, a high-flying, uber technologically savvy person, if they still respect you and your work, that’s key in leadership. In business, there are many negotiables, but it is imperative not to lose sight of being a decent human being and respecting others — that’s the one non-negotiable.
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Welcome to SURVIVE AND THRIVE, the newest addition to the Compliance Podcast Network. This is a podcast where we unpack compliance, crisis disasters and walk you through all the red flags which appear, and give you some lessons learned going forward. This show is hosted by Compliance Evangelist Thomas Fox and Kortney Nordrum, Regulatory Counsel & Chief Compliance Officer, Deluxe Corporation.
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.
In today’s edition of Daily Compliance News:
In today’s edition of Daily Compliance News: