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Creativity and Compliance

Creativity and Compliance – Upping Your Compliance Game

Where does creativity fit into compliance? In more places than you think. Problem-solving, accountability, communication, and connection—they 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 the entertainment devices people use 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 of Creativity and Compliance, Tom Fox and Ronnie Feldman take up the challenge handed down by Hui Chen in light of the administration’s suspension of FCPA enforcement to up their compliance game.

Ronnie begins by advocating for a transformation in compliance training, suggesting a shift from traditional e-learning methods to engaging communication campaigns emphasizing a Speak Up Culture and seamlessly integrating compliance into daily business operations. He believes that by using short, entertaining formats and training leaders to present content playfully, compliance can become more interesting and effective, positioning compliance professionals as valuable assets through proactive engagement and collaboration. Tom underscores the importance of compliance professionals being approachable and communicative, serving as problem solvers who collaborate with business units to achieve unexpected, beneficial outcomes. Both experts agree that by humanizing the compliance function and focusing on values and behaviors, compliance professionals can enhance their programs and contribute significantly to organizational success.

Key highlights:

  • Engaging Communication Campaigns for Compliance Training
  • Strategic Communication for Compliance Professionals
  • Cultivating Proactive Compliance Culture through Training Programs
  • Strategic Engagement for Compliance Professionals

Resources:

Ronnie

  • Learnings & Entertainments (Website)
  • Compliance Confessions – inspired by “Mean Tweets” these 90-second commercials address misconceptions and excuses to promote speak up culture and the E&C team as positive and helpful.
  • E&C Training Jams – a soulful singer banters with ethics & compliance explaining policies, sharing examples and debunking excuses. 
  • Tales from the Hotline – Real speak up-themed stories about workplace behavior gone wrong.
  • Workplace Tonight Show! – E&C meets SNL Weekend Update explaining corporate risk topics and why employees should care.
  • 60-Second Communication & Awareness Shorts – A variety of short, customizable, music and multimedia, quick-hitter “commercials” promoting integrity, compliance, speaking up and the E&C team as helpful advisors and coaches.
  • Custom Live & Digital Programing – Custom creative programming that balances the seriousness of the subject matter with a more engaging delivery. After all, you can’t bore people into learning.

Tom

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

Creativity and Compliance was recently honored as one of the Top 35 Podcasts on Creativity by Feedspot.

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Blog

Upping Your Compliance Game, Part 1 – The Business Case for Compliance: How Ethics and Compliance Drive Profitability

The Trump Administration has suspended FCPA enforcement for the foreseeable future. What does that mean for compliance professionals? Hui Chen has suggested this should be seen as an opportunity for compliance, but to do so, “It’s time to up your game . . . Instead of selling insurance for FCPA enforcement, become leaders that help your organizations perform.” Based on this challenge by the most imminent compliance commentator, I will devote this week’s blog posts to ways compliance professionals can up their collective game. Today, I demonstrate that effective compliance equates to more efficient business processes and great Return on Investment (ROI).

We are now at a point where sufficient data, academic research, and real-world case studies make one thing abundantly clear: a strong ethics and compliance program is not just good for business; it can now be seen as a driver of profitability. While compliance has long been seen as a necessary cost of doing business, organizations that take compliance seriously have discovered a competitive advantage hidden in plain sight.

The Ethics Premium: Data-Driven Proof of Compliance ROI

For the past 15 years, Ethisphere has collected data on its World’s Most Ethical Companies awards, and the results are telling. Companies that earn this designation consistently outperform their peers in stock market performance. Ethisphere refers to this as the “Ethics Premium.” Ethisphere Executive Vice President Erica Salmon Byrne has stated, “In tracking how the stock prices of publicly traded honorees compare to the U.S. Large Cap Index, we found that listed World’s Most Ethical Companies outperformed the large cap sector.”

In 2010, that performance gap was 4.5%. By 2020, the number had surged to 13.5%. Ethical businesses are not only surviving but thriving in competitive markets. The message is simple: investors, customers, and stakeholders place greater value on companies with strong ethical foundations, and the market rewards those companies accordingly.

Academic Research Supports Compliance as a Profit Driver

Beyond market trends, academic research backs up the claim that compliance is a value generator. George Serafeim and Paul M. Healy, in their paper An Analysis of Firms’ Self-Reported Anti-Corruption Efforts, found that companies with robust compliance programs perform better financially in high-risk, corruption-prone countries than those with weaker programs.

One of their key findings was that companies without strong compliance frameworks, despite high sales in these markets, experienced a negative Return on Equity (ROE) of between 24% and 30%. In contrast, companies that invested in compliance infrastructure were better equipped to navigate challenging business environments, sustain long-term growth, and protect shareholder value.

This research reinforces that compliance isn’t just about avoiding fines or regulatory scrutiny—it’s about building a business model that can weather uncertainty and thrive in complex global markets.

Real-World Example: How Compliance Data Drove Profitability

Numbers and research are compelling, but nothing drives the point home like real-world success stories. One such example comes from a company operating in a high-risk FCPA jurisdiction. As part of its compliance initiatives, the company conducted a fraud risk analysis on business development spending related to gifts and entertainment to identify patterns of improper spending and mitigate corruption risks.

Unexpected Findings and a New Compliance Strategy

Without prior approval, the company had a strict $75.00 cap on gifts and entertainment spending. The analysis examined traditional fraud indicators, such as:

  • Split receipts are designed to circumvent the spending limit.
  • Transactions clustered just below the approval threshold.
  • Aggregate spending on individual government officials by multiple salespeople.

However, the results yielded an unexpected insight: spending patterns revealed two distinct thresholds:

  • Data Point A: The minimum spend required to close a deal successfully.
  • Data Point Z: A limit beyond which no additional spending would influence a sale.

Armed with this insight, the company implemented a new policy. Sales teams were required to meet the threshold of Data Point A but were prohibited from exceeding Data Point Z. This simple compliance-driven adjustment had a massive impact:

  1. Immediate Cost Savings: Sales teams stopped wasting money on futile attempts to win business past a certain spending level.
  2. Operational Efficiency Gains: By recognizing when a sale was unlikely to close, sales professionals could pivot more quickly, reducing the overall sales cycle time and improving productivity.

The result? The company eliminated unnecessary expenses and increased overall business unit profitability—all thanks to insights derived from a compliance analysis.

Compliance as a Business Efficiency Tool

This case study is the perfect example of how compliance, when approached strategically, can improve efficiency and profitability. The same principles can be applied across other business functions:

  • Quote-to-Cash (QTC) Sales Cycle: Compliance insights can optimize contract approvals and improve revenue recognition.
  • Procure-to-Pay (P2P) Procurement Cycle: Compliance controls can prevent fraud and enhance supplier negotiation strategies.
  • Third-Party Risk Management: Effective compliance due diligence can reduce supply chain disruptions and improve vendor relationships.

When compliance is embedded within key business processes, it ceases to be a regulatory checkbox and instead becomes a powerful tool for operational excellence.

Reframing the Compliance Conversation: From Cost Center to Profit Generator

Compliance has been considered an overhead expense for years—necessary but not necessarily value-generating. The data, research, and case studies tell a different story. Compliance is not just about avoiding legal trouble; it’s about making smarter business decisions that enhance long-term sustainability.

To reframe the conversation, compliance professionals should:

  1. Leverage Data: Use metrics and research to quantify the financial benefits of ethical business practices.
  2. Tell Compelling Stories: Highlight real-world examples of how compliance has improved profitability and efficiency.
  3. Engage Business Leaders: Collaborate with finance, operations, and sales teams to position compliance as a business enabler rather than a regulatory burden.

The Bottom Line

Ethical companies perform better. Research proves it, and real-world success stories validate it. Businesses that invest in compliance don’t just protect themselves from regulatory risk—they position themselves for sustained profitability and competitive advantage.

It is time for compliance leaders to own this narrative. Compliance is not simply about avoiding penalties; it’s a strategic asset that drives business success. The next time you’re asked to justify your compliance budget, do not just talk about risk; talk about ROI. In today’s world, ethics and profitability go hand in hand.

Categories
Daily Compliance News

Daily Compliance News: February 12, 2025, The Hui Chen on Bondi Memo 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 in 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.

Top stories include:

  • Buyer’s remorse in Minnesota. (WSJ)
  • Hui Chen weighs in on Bondi Memo. (Law360sub req’d
  • Ethics programs are more than simply compliance. (Forbes)
  • A green light for corruption. (FT)

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

Check out the FCPA Survival Guide on Amazon.com.

Categories
Blog

Top Compliance Leadership Skills for the Wild Wild West that is Coming – Part 2, Curiosity

This week, Donald Trump was inaugurated as the 47th President of the United States. I can only say with complete certainty that the world of compliance will never be the same. Trump not only promises tariffs and sanctions against America’s enemies and competitors but also promises them against America’s friends. His views on the Foreign Corrupt Practices Act (FCPA) are well known (‘a horrible law’), and so are his views on bribery.

He may well be the first President to employ the FCPA as a tactical weapon against companies from countries that are not only the US’s enemies and competitors but also our allies. This is nothing to say about how he will direct the Department of Justice to use the Foreign Extortion Prevention Act (FEPA) against our enemies, competitors, and allies. So prepare for the Wild West of corporate compliance for the next four years.

As compliance professionals face this miasma in 2025, compliance leadership skills will be more critical than ever. With these new, renewed, and mounting regulatory pressures, declining employee engagement, and intensifying demand for ethical corporate governance, the role of compliance leaders has never been more pivotal or challenging.

This week, I am looking at three leadership skills for the Chief Compliance Officer (CCO), compliance professional, or compliance practitioner to focus on for this sea change in compliance. One faces outward, one faces inward, and the third relates to your attitude. They are (1) fairness, (2) curiosity, and (3) a sense of humor. These three skills will enhance your team’s effectiveness and strengthen your organization’s overall compliance posture. Yesterday, we considered fairness. Today, we look at the curiosity of the compliance professional.

Curiosity: Your Secret Weapon for Compliance Growth 

From my experience, curiosity is a game-changer in compliance. Indeed, in the initial Radical Compliance podcast, Matt Kelly interviewed Hui Chen about the original (2017) Evaluation of Corporate Compliance Programs; she said it was designed to get compliance professionals and CCOs to ask questions about their compliance programs.

Besides the Trump Administration, in 2025, compliance programs will face emerging challenges such as AI ethics, ESG requirements, and new data privacy laws. Curiosity enables compliance leaders to stay ahead of these trends, fostering innovation and adaptability in their programs. Curious leaders break free from silos, seek new knowledge, and inspire their teams to think creatively. This mindset is critical for identifying risks and opportunities in an unpredictable regulatory environment.

Curiosity drives innovation, sharpens problem-solving skills, and helps compliance officers identify risks and opportunities others may overlook. But how can compliance professionals actively cultivate curiosity in themselves and their teams? Here’s a roadmap to help you stay informed, ask better questions, and fill critical knowledge gaps.

Stay Informed on Industry Trends 

Regulatory landscapes are shifting faster than ever, with new challenges arising in artificial intelligence (AI), environmental, social, and governance (ESG) standards, and data privacy. Compliance professionals must proactively stay informed about these trends to keep their programs agile and relevant. Indeed, every Deferred Prosecution (DPA) includes language mandating awareness of other businesses in their industry and any compliance developments.

What are some of the action steps a compliance professional or CCO can take? If you are reading this blog post, it is an excellent first step. You can listen to one or more of the 50 podcasts on the Compliance Podcast Network. Both steps will put you on the cutting edge of the nuts and bolts of compliance. For topical compliance news and analysis, you can read well-known commentators such as Matt Kelly on Radical Compliance. You can read industry publications like Compliance Week or law firm or consulting firm newsletters on topical compliance issues. Focus on emerging areas like AI ethics, ESG enforcement actions, and updates to GDPR or other privacy frameworks.

Attending webinars and conferences are excellent opportunities to hear from industry leaders, regulators, and peers. These conferences include Ethisphere and Compliance Week in the spring and SCCE and ACI in the fall. These events provide real-time insights and practical strategies for addressing emerging risks. When you attend such events, you can often garner as much information by networking with your peers. You can also join professional organizations, such as SEEC, ACFE, ECI, and others, which often have online forums to exchange knowledge and share best practices with other compliance professionals.

By staying informed, you can anticipate changes before they disrupt your organization and position yourself as a forward-thinking compliance leader.

Ask Better Questions 

Compliance professionals are often tasked with identifying risks and making decisions under uncertainty. The quality of the questions you ask determines the depth of your understanding and the effectiveness of your solutions. Traditional compliance questions like “What’s the risk here?” are essential but can be limiting. To foster curiosity, you need to dig deeper and challenge assumptions.

What are some examples of better questions you can ask? Start with such basics as “What assumptions are we making, and how can we test them?” This question helps uncover blind spots in risk assessments or compliance strategies. Follow up with questions like “How does this risk evolve?” Understanding the lifecycle of a risk can help you develop proactive mitigation strategies. Always add this query to your repertoire: “What can we learn from other industries?” Exploring how different sectors handle similar challenges can inspire innovative solutions in your company.

You should work to apply all of this in your everyday compliance work. Start by encouraging your team to approach problems from multiple angles. Take your risk assessment, where you can consider not just the likelihood and impact of a risk but also the assumptions underlying those ratings. This mindset shift leads to more robust and effective compliance strategies.

 Fill Knowledge Gaps 

In the compliance field, the more you know, the more you realize how much you still need to learn. Recognizing and addressing knowledge gaps is a critical skill for any compliance professional. Think about compliance issues in some of the following ways: Reflect on your recent projects or decisions. Consider if there were times when you felt unsure or relied heavily on external experts. Keep track of emerging topics where you only have surface-level knowledge, such as ESG reporting requirements or AI regulations. Finally, do not be afraid to ask your team for feedback. They may identify areas where additional expertise could strengthen the program.

Encourage Curiosity in Your Team

Curiosity is not simply a personal trait but a cultural value that compliance leaders can cultivate within their teams. A curious team is more likely to challenge assumptions, identify risks early, and propose creative solutions. You do not have to send your team to conferences to foster curiosity. You can do that yourself by creating opportunities for cross-functional in-house learning. Invite experts from other departments, such as cybersecurity, ESG, or finance, to share insights during compliance meetings. This not only broadens your team’s knowledge but also strengthens cross-departmental collaboration.

Encourage “What If” scenarios by asking your team to imagine hypothetical scenarios and explore how they would address them. Such as, “What if we faced a cyber breach tomorrow?” or “What if a supplier violated ESG standards?” It can be a perfect starting point for you and your entire team. Finally, celebrate curiosity by recognizing and rewarding team members who ask insightful questions, propose innovative ideas, or learn about emerging risks. By embedding curiosity into your team’s culture, you empower them to think critically and proactively, enhancing the overall effectiveness of your compliance program.

Curiosity is a powerful tool that enhances professional growth and strengthens compliance programs’ resilience and adaptability. In 2025 and beyond, compliance leaders who embrace curiosity will be best positioned to navigate uncertainty, address emerging risks, and lead their organizations confidently.

Join us tomorrow as we explain why having a sense of humor may be the most important skill for surviving the new administration’s inevitable chaos.

Categories
Innovation in Compliance

Creating the Insights Lab with Zachary Coseglia

In this insightful episode of the Innovation In Compliance podcast, Tom Fox welcomes Zachary Coseglia, the founder of the Ropes & Gray Insights Lab, to talk about the creation of the unique consultancy within the law firm. Zach dives into the challenges of building a team with diverse skill sets and backgrounds for a new function like the Insights Lab. He shares the value of data analytics for compliance, and how it can be used to improve investigations and understand patterns of behavior across the organization. Zach also highlights the complexities of working in-house, including managing relationships and understanding organizational intricacies. 

With over a decade of experience in the pharmaceutical industry, healthcare, and life sciences, Zach Coseglia built a strong background in investigations, compliance analytics, and digital compliance. During his time as head of investigations in Asia Pacific for Pfizer, he came up with the idea to create an analytics and behavioral science consultancy within a law firm, which led to the birth of the Insights Lab.

 

Key takeaways from the episode include:

  • Building an analytics consultancy within a law firm or compliance department requires investment in technology and human capital. Zach brought together people with diverse skill sets, backgrounds, and experiences to build a team that reflects the needs of the consultancy being created. He combined subject matter expertise of compliance and data analytics to build the team for the Insights Lab.
  • Zach believes that to build a successful analytics consultancy within compliance, it’s important to bring in people who have done this work in other industries. He stresses that they can bring unique perspectives and experiences that can drive innovation and progress within the organization.
  • The potential of data analytics to promote a better, stronger compliance program through identifying trends, patterns of behavior, and driving efficiencies.
  • Zach reflects on his experience working in-house and highlights the challenges of managing relationships and understanding organizational intricacies. He stresses the importance of effective relationship building and an intentional and strategic approach to building new capabilities or functions within an organization.
  • Compliance is a deeply human discipline that involves shaping human behavior through policies, procedures, training, and programs. Behavioral science, cultural psychology, and behavioral economics play a critical role in compliance and ethics work.
  • Compliance programs that only focus on rules are short-sighted.
  • Human-centered design is a powerful approach to building effective compliance programs that engage with people and amplify their voices.
  • The Insight Lab at Ropes and Gray is a consultancy, analytics, behavioral science, and creative consultancy that aims to combine multidisciplinary expertise under one roof.  The lab includes a team of lawyers, data journalists, ethics experts, journalists, and specialists in cultural psychology and behavioral science. The lab has expanded beyond compliance consulting to focus on areas such as organizational culture, diversity, equity, and inclusion, and environmental social governance (ESG).
  • The team’s multidisciplinary approach can shape the future of legal work, and the lab has the potential to be a large, powerful business for Ropes and Gray.
  • Law firms are embracing multidisciplinary teams and creating their own consulting groups, with some firms recognizing the value of analytics and behavioral science consultancies.
  • The legal profession could benefit from acknowledging that other disciplines can help make it stronger.
  • Zach Coseglia and Hui Chen have started a podcast called “There Has to Be a Better Way?” which is an innovation and curiosity podcast focused on identifying better ways and people who are finding their own better ways to solve organizational challenges, such as compliance, ethics, risk, diversity, equity, inclusion, and organizational culture.

 

KEY QUOTES:

“I think that there’s a huge opportunity for us to embrace behavioral science, to embrace a more scientific point of view, to embrace the world of data in ways that actually advance our profession.” – Zach Coseglia

 

“With all of the data we had available to us, we have this opportunity to understand human behavior in ways that go beyond just the rules.” – Zach Coseglia

 

“I have felt for a long time that compliance is being treated – has been treated – as this exclusively legal, regulatory, enforcement-related exercise oftentimes led by lawyers, when in fact, compliance is a deeply human discipline.” – Zach Coseglia

 

Resources:

Zach Coseglia at R&G Insights Lab | LinkedIn 

Ropes & Gray Insights Lab | Podcast: There Has to Be a Better Way?

Categories
Daily Compliance News

June 9, 2022 the FBI Sued Edition


In today’s edition of Daily Compliance News:

  • DOJ hires HP CCO to run Fraud Section. (WSJ)
  • Hui Chen moves to R&G Insights Lab. (WSJ)
  • Gymnasts sue FBI for $1bn. (WSJ)
  • New SEC rules on equity trades. (WSJ)
Categories
The Compliance Handbook

Evolution of Compliance Programs with Hui Chen


In this special episode, Compliance Evangelist Thomas Fox sits in an engaging and value-packed discussion with Hui Chen, former compliance consultant to the U.S. Department of Justice’s Fraud Section and now chief integrity officer for the Hawaii Attorney General’s office.
KEY TAKEAWAYS:
✔️  Hui advocates the need for a very interdisciplinary approach to compliance. Practitioners should become open to learning about social sciences and quantitative and qualitative studies, scientific methods, understanding how research is done, evaluating research outcomes, and evaluating the application of research.
✔️   Realize that people don’t govern their daily lives by reading the codes and the regulationsbut with processes and behaviors, and that’s what should be focused on by using a behavioral-based approach. Give the organization reason, opportunities, or motivations to NOT engage in the behavior you don’t want them to do.
✔️  What differentiates compliance officers is their knowledge and familiarity with the business. It is required to be versatile in understanding every function in the organization and working with them. Compliance professionals need to develop those skill sets to appreciate and understand and measure and be part of what the business does in all of those aspects.
✔️ How do we measure that outcome? By going back to define what you are doing this for, if you do it successfully, what success looks like, and try to find measurements for that, that is important because that goes to whether we have all been wasting our time not with the compliance programs.
Hui is an internationally renowned leader in ethics and compliance. She regularly consults with companies as well as regulatory and enforcement authorities around the world, advising them on the design, implementation, and assessment of ethics & compliance programs. Hui is also a thought leader who collaborates with leading academic researchers and publishes regularly in business and academic journals. 
Chen did this interview entirely in her personal capacity and nothing she said should be attributed to her office.
Connect with Hui Chen
Website: www.HuiChenEthics.com
Twitter @HuiChenEthics
____________________________________________________________________
The “Nuts and Bolts” for Creating a Comprehensive Compliance Plan 
This chapter of this unique work lays out a succinct yet thorough one month approach to operationalizing a company’s compliance regimen. Beginning with a section on what 2020 brought to the compliance landscape, each chapter methodically outlines best practices for everything from establishing policies, procedures, and internal controls, to assessing risk, training, handling investigations, and more. Each day ends with three key takeaways you can implement at little or no cost.
Understanding Compliance Responsibility Across the Organization
The Compliance Handbook also takes a close look at all professionals’ roles with compliance responsibility, from Compliance Officers and Boards of Directors to Human Resources, to Internal Audit and Internal Controls and Communications and Training professionals.
In-Depth Treatment of Hot Topics and Trends
The Handbook provides an in-depth look at the latest thinking and trends for the full range of critical compliance topics, including:

  • Compliance and business ventures
  • Third-party risk management
  • The Board’s Role in Compliance
  • Continuous improvement
  • Compliance innovation
  • And much more.

Incorporating Current Government Pronouncements
The Second Edition incorporates the most current government pronouncements governing best practices compliance programs, including the 2019 Evaluation of Corporate Compliance Programs released by the Fraud Section of the Department of Justice, and its 2020 Update; the updated FCPA Resource Guide 2nd edition; the Framework for OFAC Compliance Commitments; and the 2019 DOJ Antitrust Division’s Evaluation of Corporate Compliance Programs in Criminal Antitrust.
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