Tag: Matt Kelly

Categories
Compliance Into the Weeds

Having a Values Conversation

The award-winning, Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject. In this episode, Matt and I take a deep dive into having a value conversation to help companies start a conversation about values. If companies do not focus on matters, a vacuum is created where employees are left to make their own decisions, and those decisions may not always be in the company’s best interest. Tune into Compliance into the Weeds-Having a Values Conversation to learn how to start the conversation and create a safety culture.

Key Highlights

  • The Importance of Workplace Safety [00:04:58]:
  • The Need for Embedding Conversations about Values in the Workplace [00:09:00]
  • Creating a Positive Corporate Culture. [00:12:26]
  • The Dangers of Not Doing Corporate Compliance Properly [00:15:56]

 Notable Quotes

 1.     “It makes a lot of sense to try to embed awareness of them initially, but it feels weird. It’s kind of outside of people’s comfort zone. It’s outside your comfort zone if you are not an ethics and compliance professional.”

2.     “These questions can help people like that. And as you had mentioned before, middle managers are the crucial element in all of this.”

3.     “It’s easy for senior executives. To talk about ethical values. I think for many low-level employees, and those messages go in 1 ear and out the other because Why does anybody ever pay attention to what senior management says? It’s your middle manager. It’s your boss. You pay attention to what they say.”

4.     “These questions are geared to help those managers, that audience, and their crucial tool.”

 Resources

Matt Kelly in Radical Compliance

Categories
Everything Compliance

Episode 111 – The Duty of Oversight Edition

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. Everything Compliance has been honored by W3 as the top talk show in podcasting. In this episode, we have the quintet of Jay Rosen, Karen Woody, Jonathan Marks, Tom Fox, and Matt Kelly, who review the recent Delaware Court of Chancery decision creating a duty of oversight for corporate officers. We conclude with our fan-fav Shout Outs and Rants section.

1. Matt Kelly sets the stage for our discussion and poses a question about what it all means for CCOs going forward. He rants to the State of Texas Legislature for creating a ‘Gold Card’ for physicians who have over 90% of all requested procedures covered by insurance. (1:30)

2. Jonathan Marks looks at the case from the internal audit and corporate governance perspectives. He rants about the Pentagon’s failure to shoot down a Chinese spy balloon.

3. Tom Fox shouts out to Hindenburg Research and all other short sellers who help uncover fraud, waste, and abuse.

4. Karen Woody looks at the case from a legal perspective and unpacks the court’s legal reasoning. Woody shouts to Amtrak and asks us to ‘ride the train more often.’ (11:08)

5. Jay Rosen reviews the changes wrought for CCOs over the past year, from CCO certification to the Delaware court decision. He shouts out to his twin daughters on their 15th birthday. (41:13)

The members of Everything Compliance are:

•       Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com

•       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu

•       Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com

•       Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com

•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com

The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox, the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

Categories
Everything Compliance - Shout Outs and Rants

Everything Compliance – Episode 111, Shout Outs and Rants

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows with our fan-fav Shout Outs and Rants section.

1. Matt Kelly shouts out to the State of Texas Legislature for creating a ‘Gold Card’ for physicians who have over 90% of all requested procedures covered by insurance.

2. Jonathan Marks rants about the Pentagon’s failure to shoot down a Chinese spy balloon.

3. Tom Fox shouts out to Hindenburg Research and all other short sellers who help uncover fraud, waste, and abuse.

4. Karen Woody shouts out to Amtrak and asks us all to ‘ride the train more often.’

5. Jay Rosen shouts out his twin daughters on their 15th birthday.

Categories
Compliance Into the Weeds

300th Anniversary Episode – Policies Policies Policies

The award-winning, Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject. In this special 300th Anniversary episode, we consider a recent academic paper that suggests that policies play a small role in persuading employees not to engage in bribery and corruption. Highlights include:

·       What did the paper conclude?

·       What is the role of procedures?

·       Tom details the one function of policies.

·       How does an operationalized compliance program work?

·       What is the intersection of policies and internal controls?

 Resources

Matt in Radical Compliance

Categories
Compliance Into the Weeds

Thinking about Clawbacks

The award-winning, Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject. In this episode, we consider the recent SEC requirement for companies to publicly report clawback provisions and their effects in conjunction with the DOJ requirements for clawbacks. Highlights include:

·       What are clawbacks?

·       What does the SEC rule require?

·       Are clawbacks the mirror of executive incentives?

·       How does the DOJ position, as laid out in the Monaco Memo, differ (if any) from the SEC requirements?

·       How far down the corporate chain must a clawback provision impact?

Categories
Everything Compliance

Episode 104 – the Back to School Edition

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. In 2021, Everything Compliance was honored by W3 as a top talk show in podcasting. In this episode, we have the quartet of Jonathan Marks, Jonathan Armstrong, Jay Rosen and Matt Kelly on a variety of topics. We conclude with our fan Shout Outs and Rants section.

1. Jay Rosen looks at a recent report about the number and quality of SEC whistleblower awards.  Rosen shouts out to scientists who are trying to create Oxygen from CO2 so that life can exist on Mars.

2. Matt Kelly discusses the Mudge whistleblower allegations regarding Twitter.  Kelly shouts out to NASA engineers who scrubbed the space shuttle launch due to safety concerns.

3. Jonathan Marks considers the role of internal audit in M&A work specifically and how the Board should utilize internal audit more generally. Marks shouts out the 30the anniversary of the US Sentencing Guidelines.

4. Tom Fox shouts out the American League leading Houston Astros.

5. Jonathan Armstrong looks at the newly released Lloyd’s regulations around denial of coverage for cyber-attacks made by foreign governments and state actors. He shouts out to the British television show “Have I Got News” for skewering Boris Johnson with his own words.

The members of the Everything Compliance are:

•       Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com

•       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu

•       Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com

•       Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com

•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com

The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

Categories
Everything Compliance - Shout Outs and Rants

Everything Compliance-Shout Outs and Rants from Episode 102

Welcome to our fan-favorite Shout Outs and Rants.

  1. Matt Kelly rants about the LIV exhibit golf tour and the insane amount of money being spent by Saudi Arabia to rehabilitate its reputation through sports.
  2. Jonathan Marks shouts out SEC Chairman Gary Gensler on the 20th anniversary of the enactment of SOX.
  3. Tom Fox shouts out to Vin Scully, the former play-by-play announcer for the Los Angeles Dodgers.
  4. Jay Rosen shouts out to Celtic great Bill Russell, who died this week.

The members of Everything Compliance are:

  • Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
  • Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu
  • Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com.
  • Jonathan Armstrong is our UK colleague, an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at armstrong@corderycompliance.com.
  • Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at marks@bakertilly.com.

The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox, the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.

Categories
Compliance Into the Weeds

Unintended Consequences of CCO Certifications

Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. In this episode, we take a deep dive into some of the unintended consequences of CCO certifications as required by the Department of Justice.  Highlights include:

·      What happened to reasonable and proportional?

·      What about control override?

·      What is the purpose of compliance training?

·      What is effective compliance training?

·      Is compliance training complimentary to compliance training effectiveness?

Resources

Matt in Radical Compliance

Categories
Compliance Into the Weeds

Compliance Craziness

Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to more fully explore a subject. In this episode, we deep dive into some recent crazy stories involving CCOs, compliance professionals and the compliance function.  Highlights include:

·      New CCO at Facebook and the results.

·      Did Penn State CCO engage in retaliation, discrimination and harassment?

·      Is a contract non-renewal retaliation?

Resources

Matt in Radical Compliance

Categories
Everything Compliance

Episode 101, the Glencore Edition


Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. In 2021, Everything Compliance was honored by W3 as a top talk show in podcasting. In this episode, we have the quintet of Jonathan Marks, Karen Woody, Jonathan Armstrong, Tom Fox and Matt Kelly. In this episode, we take up the Glencore FCPA settlement. We conclude with our fan favorite Shout Outs and Rants.

1. Karen Woody takes a deep dive into the history of Glencore, from its founding by Marc Rich in the 1980s through the allegations of bribery, corruption and market manipulation which led to the FCPA and CFTC settlements.  Woody shouts out the US National and state parks systems which provide much needed green spaces for Americans.

2. Matt Kelly takes a deep dive into CCO certification issue and what it might mean for individual CCO criminal liability going forward.  Kelly has a dual shout out and rant. He shouts out to the Boston Celtics for having the greatest NBA Finals-Game 1 comeback to win the game. He rants about the DOJ failing to post the speech by AAG Kenneth Polite where he announced the new requirement for CCO certification.

3. Jonathan Marks explores the role of internal audit in contributing to the compliance failures and what IA can do to facilitate a culture change at the company. Marks also has a dual shout out and rant. He shouts out to the Philadelphia Phillies for firing manager Joe Girardi and rants about Glencore’s Press Release about their updated compliance which he rants “says nothing”.

4. Tom Fox considers the dual monitor aspect of the resolution and the requirements of the monitorships. Fox reads out the names of the students and teachers who were killed in the recent massacre in Uvalde,  TX.

5. Jonathan Armstrong explores the settlement from the UK perspective and considers, what if any charges against individuals that the UK-Serious Fraud Office might bring. Armstrong shouts out to the Queen’s Platinum Jubilee and Sir Andy Murray for speaking out against the murder of school children. Murray is a survivor of a similar event in Scotland.

The members of the Everything Compliance are:
•       Jay Rosen– Jay is Vice President, Business Development Corporate Monitoring at Affiliated Monitors. Rosen can be reached at JRosen@affiliatedmonitors.com
•       Karen Woody – One of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu
•       Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
•       Jonathan Armstrong –is our UK colleague, who is an experienced data privacy/data protection lawyer with Cordery in London. Armstrong can be reached at jonathan.armstrong@corderycompliance.com
•       Jonathan Marks is Partner, Firm Practice Leader – Global Forensic, Compliance & Integrity Services at Baker Tilly. Marks can be reached at jonathan.marks@bakertilly.com

The host and producer, ranter (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the Compliance Podcast Network.