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10 For 10

10 For 10: Top Compliance Stories For the Week Ending November 16, 2024

Welcome to 10 For 10, the podcast that brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance, brings you the compliance professional and the compliance stories you need to know to end your busy week. Sit back, and in 10 minutes, hear the stories every compliance professional should know from the prior week. Every Saturday, 10 For 10 highlights the most important news, insights, and analysis for the compliance professional, all curated by the Voice of Compliance, Tom Fox. Get your weekly filling of compliance stories with 10 for 10, a podcast produced by the Compliance Podcast Network.

  • Meta fined $840MM in EU for anti-trust violations. (NYT)
  • SBF LT. Builds fraud detection tool for DOJ. (Reuters)
  • Shell wins appeal in landmark climate case. (NYT)
  • ADM CCO steps down amid probe.  (Bloomberg)
  • End of ESG and crypt initiatives at SEC. (WSJ)
  • What science reveals about corruption. (El Pais)
  • Telefónica Venezuela settles FCPA action. (WSJ)
  • Handling a difficult employee with health issues. (NYT)
  • Hidden cost of textile and apparel non-compliance. (Homeland Security Today)
  • NetEase execs arrested for bribery and money laundering.  (biz)

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

You can check out the Daily Compliance News for four curated compliance and ethics-related stories each day here.

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Innovation in Compliance

Innovation in Compliance: Tina Grubisa on Creating a Culture of Governance with Athennian

Innovation comes in many areas and compliance professionals need to not only be ready for it but embrace it. Join Tom Fox, the Voice of Compliance, as he visits with top innovative minds, thinkers, and creators in the award-winning Innovation in Compliance podcast. This month’s sponsor of Innovation in Compliance is Athennian.

In this episode, Tom welcomes Tina Grubisa, Industry Consultant, Fund Operations at Athennian, to discuss how Athennian can help to drive a culture of governance at your organization.

In this episode, Tina Grubisa discusses her career transition from finance to a tech startup, ultimately landing at Athennian as a Fund Operations consultant. Athennian, a cloud-based entity management platform, is known for aiding private equity, law firms, and corporations in automating compliance tasks and enhancing corporate governance. The conversation covers Athennian’s value proposition in the market, focusing on its innovative use of AI to evolve from a system of record to one of engagement and intelligence. Tina highlights Athennian’s role in helping clients stay ahead of regulatory demands, such as the SEC’s private fund rule, and building a culture of governance within an ESG framework. Additionally, the platform’s user experience and customer feedback are integral to its ongoing innovation process. Tina also explores future trends in governance and compliance, emphasizing the increasing importance of transparency and the potential impact of AI by 2030.

Key Highlights:

  • Building a Culture of Governance
  • Corporate Trends and AI in Governance
  • Future of Workflow Platforms
  • Advice for GRC Professionals Going Forward

Resources:

Tina Grubisa on LinkedIn

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2 Gurus Talk Compliance

2 Gurus Talk Compliance: Episode 37 – The Florida Couple Edition

What happens when two top compliance commentators get together? They talk compliance, of course. Join Tom Fox and Kristy Grant-Hart in 2 Gurus Talk Compliance as they discuss the latest compliance issues in this week’s episode!

In this episode, Tom and Kristy discuss the controversial LinkedIn post that categorized people aged 45 to 55 as in ‘late career,’ while highlighting how Gen Z is showing new enthusiasm for corporate jobs. They delve into the Biden administration’s crackdown on Chinese imports linked to modern slavery and debate the costs of closing the de minimis exception for tariffs and package reviews. Additionally, they touch on the alarming case of a missing Chinese executive and dissect the implications of mandatory retirement ages in corporate America. The episode wraps up with a quirky story about a Florida couple (not Florida Man) attempting to claim a lottery prize with a laminated, torn ticket, showcasing the wide spectrum of compliance and ethical issues in today’s world. Tune in for a mix of insightful discussion and lighter moments from the compliance community.

Stories Include:

  • What me? retire? (FT)
  • The top Chinese bank told me to wire money. (FT)
  • Ex-Glencore execs appear in court. (FT)
  • PCAOB orders audit firms to bring in outsiders.  (FT)
  • The way forward for ESG. (FT)
  • Biden Takes Aim at China’s Temu and Shein with Trade Crackdown. (WSJ)
  • An affair cost Alan Shaw his job and severance. Will Norfolk Southern also try to claw back his pay? (Fortune.com)
  • 20-Somethings Learn to Love Their Corporate Jobs. (WSJ)
  • SEC Charges Seven Public Companies with Violations of Whistleblower Protection Rule. (SEC)
  • Florida couple caught allegedly tapping lottery ticket together to claim $1 million prize. (FOX Orlando 35 

Resources: 

Kristy Grant-Hart on LinkedIn

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The Corruption Files

The Corruption Files: Navigating Corporate Governance: The Hutchison Whampoa Scandal

What is stranger than fiction? The stories of worldwide corruption. In this podcast series, co-hosts Tom Fox, the Voice of Compliance and Mike DeBernardis, partner at Hughes Hubbard, discuss some of the most audacious corruption cases in anti-corruption enforcement. More importantly, they will discuss the lessons learned on what your organization can do to prevent running afoul of international anti-bribery laws.

In this episode of Season 2, Tom and Mike explore a unique corporate scandal from early 2000s Hong Kong involving Hutchison Whampoa Limited.

Unlike typical cases, there were no allegations of bribery, corruption, or significant financial penalties. Instead, the scandal revolved around the complex corporate governance issues and the control wielded by billionaire Li Ka-shing. The conversation delves into the importance of robust corporate governance, particularly in safeguarding the interests of minority shareholders in companies dominated by powerful individuals or families.

Tom and Mike highlight the expanding role of compliance professionals in overseeing corporate governance, especially with the rise of Environmental, Social, and Governance (ESG) criteria. They discuss the importance of board independence, the need for effective internal controls, and how compliance professionals can aid in board training. With compelling examples, such as the interlock of directors in the energy sector and the Bluebell Ice Cream scandal, the episode provides a thorough insight into how corporate governance issues can impact reputations and operational integrity.

Key Highlights:

  • Corporate Governance and Compliance
  • The Role of Boards in Risk Management
  • Compliance Professionals and Corporate Governance
  • Importance of Independent Board Members
  • Internal Controls and Compliance
  • Training Boards for Effective Governance

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Daily Compliance News

Daily Compliance News: September 9, 2024 – The Way Forward for ESG 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:

  • The way forward for ESG. (FT)
  • South Africa’s Justice Minister denies corruption allegations in a mutual bank scandal. (AP News)
  • Hong Kong now high-risk? (WSJ)
  • Covington crypto client sues firm. (Reuters)

For more information on the Ethico Toolkit for Middle Managers, available at no charge, click here.

Check out the full 3-book series, The Compliance Kids on Amazon.com.

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Blog

Design-Centric Internal Controls: The Foundation for Compliance Excellence

The dynamic world of compliance is continually evolving. New regulations, emerging technologies, and changing market conditions demand that organizations remain vigilant and proactive in their compliance efforts. One crucial aspect of this ongoing vigilance is the design and implementation of internal controls. Recently, I had the pleasure of discussing this topic with Adrienne Bellehumeur. In this blog post, we will explore the key insights from our conversation and delve into the importance of design-centric internal controls.

Adrienne is a chartered accountant and entrepreneur in Canada who has advocated for a design-first approach to internal controls for many years. Adrienne says design-centric internal controls are essential because they lay the foundation for effective compliance. She likens this approach to baking a cake: the design is the cake itself, while testing and other compliance activities are the icing. Without a solid foundation, no amount of testing can ensure the effectiveness of internal controls.

The necessity of robust internal controls has never been more critical. With the increasing complexity of regulatory requirements (on both sides of the border) and the rapid advancement of technology, organizations must continuously assess and improve their internal control systems. Adrienne points out that while internal controls have existed for over two decades, many organizations have become complacent. This complacency can lead to outdated processes that may not adequately address current risks and regulatory expectations.

Adrienne outlined five principles to improve and energize control design work:

  1. Think of Design as the Cake and Testing as the Icing: Focus on building solid and well-thought-out processes before jumping into testing. This approach ensures that the foundation is solid and can withstand scrutiny.
  2. Assess the Organization’s Level of Maturity: Tailor the internal control program to the organization’s stage of development. A one-size-fits-all approach is ineffective, as different organizations have varying needs and challenges.
  3. Focus on Habits, Not Theory: Practical, habitual practices are more effective than theoretical concepts. Encourage habits like regular access control reviews and inventory management to embed compliance into the organizational culture.
  4. Support Continuous Improvement: Internal controls should not be static. Regularly review and update controls to ensure they remain effective and relevant. Continuous improvement helps organizations stay ahead of emerging risks and regulatory changes.
  5. Keep It Interesting: Vary the techniques used in internal control assessments to maintain engagement and effectiveness. Workshops, interviews, and creative diagramming can provide fresh perspectives and uncover new insights.

One of the most intriguing aspects of Adrienne’s approach is her use of workshops to discuss and improve internal controls. These workshops involve stakeholders, including internal auditors, compliance officers, and business unit leaders. By fostering open dialogue and collaboration, these sessions can identify inefficiencies, propose improvements, and build stronger relationships between auditors and the internal team.

Adrienne emphasizes that these workshops should occur before external audits. This pre-audit preparation allows organizations to address issues internally, reducing the likelihood of negative findings during the audit. Moreover, involving the internal team in the design process helps build a sense of ownership and commitment to maintaining robust controls.

For the internal auditor, leveraging technology is crucial for adequate internal controls. Adrienne highlighted the decreasing reliance on transactional testing, thanks to automation and data analytics advancements. Modern internal controls must adapt to these changes by incorporating technology that enhances efficiency and accuracy.

AI and data analytics can provide deeper insights into organizational processes, helping identify potential risks and areas for improvement. By integrating these technologies into the internal control framework, organizations can achieve higher precision and responsiveness.

Adrienne’s expertise in documentation is particularly relevant to internal controls. I wholeheartedly agree that good documentation practices are the backbone of any effective compliance program and form the basis of information management. Clear, accurate, accessible documentation supports transparency, accountability, and continuous improvement.

Companies must establish simple rules for naming, classifying, and managing documents. This foundational step ensures that all relevant information is readily available for internal reviews, audits, and regulatory inspections.

The compliance landscape continually evolves, with new challenges like ESG and AI gaining prominence. Adrienne articulated that a back-to-basics approach can help organizations navigate these new areas. Organizations can build a solid foundation that supports emerging compliance requirements by focusing on fundamental principles of good information management and documentation.

For instance, effective ESG reporting relies on accurate and comprehensive data. Similarly, AI systems must be underpinned by robust data management practices to ensure transparency and accountability. By strengthening these foundational elements, organizations can more easily adapt to new regulatory expectations and technological advancements.

Adrienne and I also discussed the role of internal controls in supporting whistleblower programs. With the Department of Justice (DOJ) formulating new rules for financial incentives in whistleblower programs, organizations must ensure their internal controls can detect and address issues before they escalate. Adequate internal controls can help prevent whistleblower claims by identifying and mitigating risks early. For example, strong documentation practices provide a clear audit trail that can validate the organization’s actions and decisions. Additionally, fostering a culture of transparency and accountability encourages employees to report concerns internally, allowing the organization to address them proactively.

Design-centric internal controls are essential for building a robust and effective compliance program. By focusing on the principles outlined by Adrienne Bellehumeur, organizations can enhance their internal control frameworks, support continuous improvement, and stay ahead of emerging compliance challenges. A proactive approach to internal controls is crucial for long-term compliance success, whether through innovative workshops, leveraging technology, or strengthening documentation practices.

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Daily Compliance News

Daily Compliance News: June 20, 2024 – The Beyond the ‘G’ 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:

  • Why the ’G’ in ESG is the key.  (Forbes)
  • China fights ‘deep-seated’ corruption in the armed forces. (Reuters)
  • Trafigura spanked for impeding whistleblowers. (WSJ)
  • ROAR in retirement. (NYT)

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

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Blog

Navigating the New Ethical Landscape: Higher Ground with Alison Taylor

On a recent edition of the SBR Authors Podcast, I recently had the opportunity to visit with Alison Taylor, a renowned figure in the compliance and ethics community, about her new book,  Higher Ground. Alison has one of the most diverse professional backgrounds of any person I know in compliance. She is a Clinical Professor and Executive Director of Ethical Systems at NYU Stern School of Business. This blog delves into the key points discussed during the podcast, shedding light on the evolving landscape of business ethics and the challenges of maintaining an ethical culture today.

A series of intriguing transitions mark Taylor’s career. She began her professional journey with editing, consulting, and political risk roles before spending twelve years in corporate investigations. This period saw her working with Control Risks, leading investigations across the Middle East, Africa, and the Americas. Her work included due diligence, FCPA investigations, and background checks when FCPA enforcement gained significant momentum.

In 2015, Alison transitioned to the field of sustainability. She joined a non-profit organization to consult with multinational corporations on climate change, human rights, and corporate responsibility issues. Since late 2019, she has been part of the faculty at NYU, first running a think tank called Ethical Systems and now adding on as a full-time faculty member. Alison’s broad experience across different business ethics and sustainability domains gave her a unique perspective, ultimately leading to her book, Higher Ground.

Taylor’s shift from corporate investigations to sustainability and ESG highlighted a fascinating disconnect. While both fields aimed to define what it means to be a good and ethical business, they approached the issue very differently. The language, concepts, and philosophical foundations varied significantly between the two. This disconnect inspired her to explore why these two disciplines, despite their common goals, needed to communicate more effectively with each other.

Higher Ground aims to bridge this gap. Taylor sought to provide clarity for those grappling with questions about business ethics and the role of businesses in society, especially for senior leaders who may need deep expertise in both compliance and sustainability. The book is designed to guide readers through the complexities of these topics, offering a path forward in an increasingly chaotic business environment.

Writing a book is challenging, and Taylor’s experience was no different. She initially thought of herself as not a morning person but quickly realized that her most productive writing time was in the early hours of the day. She found that she could only manage about three to four hours of effective writing each day, after which her productivity declined. This disciplined approach helped her balance writing the book with her full-time job and teaching responsibilities.

The process took about two years and involved multiple rewrites and restructures. Taylor described it as an emotional roller coaster, with periods of satisfaction followed by moments of doubt. Despite the challenges, she completed the book, providing valuable insights into the evolving field of business ethics.

Taylor chose to open her book with the story of Starbucks and its labor rights issues. Despite being a leader in sustainability and labor rights by many measures, Starbucks faced significant reputational challenges over its stance on unionization. This example illustrated how a company could excel in ESG metrics yet still suffer reputational damage due to specific strategic errors.

Starbucks, known for its favorable treatment of employees and leadership in sustainability, faced backlash from students, investors, and employees over its anti-union stance. This contradiction highlighted the complexities of maintaining an ethical reputation. Alison used this case to demonstrate that reputational risk is not a linear accountability mechanism but more like a funhouse mirror, reflecting the unpredictable nature of stakeholder perceptions.

Taylor emphasized the importance of honesty and focus in building stakeholder trust. In today’s polarized environment, companies are often caught between unrealistic expectations from the left and the right. She argued that companies need to be more honest about what they can and cannot achieve, focusing on a few strategically important issues rather than trying to address every concern.

She suggested that companies conduct materiality assessments to identify the most relevant issues and concentrate on these areas. Companies can build more sustainable trust with their stakeholders by aligning their actions with their strategic priorities and being transparent about their limitations.

Taylor discussed the importance of aligning rules and policies with the broader business culture. She noted that compliance efforts often fail when there is a disconnect between stated values and actual behavior or when there are different rules for senior leaders and other employees. Successful compliance programs require the support and engagement of the entire organization, not just the compliance department.

She also highlighted the need for compliance and ethics teams to work closely with other parts of the business. By integrating ethical considerations into the overall business strategy, companies can create a more coherent and practical approach to compliance and corporate responsibility.

With five generations now present in the workplace, Alison explored the challenges and opportunities of engaging a diverse workforce. Younger employees are more likely to be concerned with climate change and diversity and expect authenticity and accountability from their employers.

Taylor also noted that younger employees often push for change, while resistance is more common at the senior levels. Companies need to find ways to harness this energy and passion and use it to drive positive change. This involves creating mechanisms for employee voice and encouraging open debate about ethical issues.

Alison Taylor’s Higher Ground provides a thoughtful and comprehensive guide to navigating the complex world of business ethics and sustainability. Her insights from a rich and varied career offer valuable lessons for companies striving to build trust and maintain ethical cultures in an ever-changing landscape. By focusing on strategic priorities, aligning actions with values, and engaging a diverse workforce, businesses can rise to the challenges of today’s ethical environment and positively impact society.

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Compliance Tip of the Day

Compliance Tip of the Day: Data – Driven Compliance and ESG

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law.

Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In today’s episode, we consider how, through leveraging data analytics, companies can identify and address ESG risks and opportunities more effectively.

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

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Regulatory Ramblings

Regulatory Ramblings: Episode 43 – Why ESG Matters? With Jon Solorzano

Jon Solorzano is a Los Angeles-based attorney who serves as counsel and co-head of the environmental, social, and governance (ESG) task force at the law firm of Vinson & Elkins. Prior to this role, he served as senior director for legal and corporate development at the Clorox Company.

Beyond ESG, Jon is also a highly sought-after thought leader with significant expertise in related fields such as M&A, corporate governance, securities regulation, corporate and business development, consumer products, technology, human capital management, business financial strategy, and international matters for both high-growth start-ups and established Fortune 500 companies.

Few topics are as vexatious and polarizing in contemporary times as the acronym ESG. Legendary investors such as Warren Buffet and his second-in-command, the late Charlie Munger, along with other prominent corporate and finance figures, argue that ESG should not be a consideration in investment decisions.

Against this backdrop, Jon discusses with Regulatory Ramblings host Ajay Shamdasani why ESG matters to investors, companies, and society, alongside corporate social responsibility (CSR) and diversity, equity, and inclusion (DEI). He stresses that while these concepts and movements are related and overlap to some degree, they are not necessarily the same thing. Indeed, Jon notes that those who coined the term ESG might have garnered more support for their cause had they emphasized (G)overnance rather than (E)nvironmental, as even skeptics of global warming can appreciate the importance of well-governed companies and how that affects share prices.

Jon also shares insights into his upbringing, background, and path into the legal profession, as well as how, as a transactional lawyer, he ended up leading his firm’s ESG practice.

While acknowledging the concerns of ESG detractors and naysayers, Jon predicts that 10-15 years from now, the nature of the debate and discussion will be very different. By then, few will even question the importance of ESG to the world’s well-being, he says, as millennials and Zoomers take over the reins of society in developed countries.

A telling sign that Jon’s predictions are accurate is that for younger investors, ESG definitely matters as a yardstick in gauging what constitutes a socially conscious and sustainable investment.

The conversation concludes by examining the extent to which ESG mandates intersect with financial regulation, and why banking and financial institutions globally need to take ESG as seriously as their regulatory compliance and risk management requirements.

Podcast Discussion:

  • 02:01 A Journey through Corporate Law and Stakeholder Engagement
  • 08:05 Unveiling the Complexity: ESG vs. CSR in Corporate Responsibility and Investor Value
  • 20:20 Exploring the ESG Backlash: Understanding Perspectives on Investor Value and Corporate Responsibility
  • 25:01 Corporate Indifference: The Evolution of ESG Amidst Regulatory Pressures
  • 32:59 ESG in a World of Socio-Economic Uncertainty and Geopolitical Tumult
  • 36:28 How do you rebrand ESG: Adapting Perception and Purpose in Corporate Sustainability?
  • 41:26 Insights into the Intersection of ESG and Financial Regulation
  • 44:22 Generation Shift: The Future Landscape of ESG
  • 48:31 The Evolving Role of Professionals in ESG Decision-Making
  • 52:41 Solorzano: Assessing a Practitioner’s Journey in the Evolving ESG Landscape

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