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Compliance Into the Weeds

SEC Proposed Rules on Disclosure of Cyber Breaches

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 are joined by Karen Woody and Jonathan Marks to consider the SEC’s recent proposed rules for disclosure of cyber breaches. Highlights include:

·      What was in the proposals? The 60-day comment period is running.

·      The 4-day disclosure requirement for material breaches.

·      The corporate governance issues around Board reporting.

·      What is the SEC trying to accomplish?

·      Should your company have a cyber-risk committee? If so, who should be on it.

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Everything Compliance - Shout Outs and Rants

Everything Compliance – Shout Outs and Rants from Episode 98


In this episode of Shout Outs and Rants, we submit the following for your consideration:

1. Jay Rosen rants the Academy of Motion Picture snubbing of the Director of Dune for Best Director when the picture won 6 other Oscars.

2. Matt Kelly shouts out to the Golden Raspberry Foundation, who award the ‘Razzie’s’ for withdrawing their previously created award of Worst Performance by Bruce Willis in a Bruce Willis movie after the actor retired due to Aphasia.

3. Jonathan Armstrong shouts out to Tina Turner for advancing the cause of GDPR and explaining once and for all time ‘what’s love got to do with it.’

4. Karen Woody shouts out to the magic of Harry Potter World in Orlando have what she described as ‘awesome’ roller coaster rides, well worth the 3-hour wait in line.

5.Tom Fox rants Academy of Motion Picture Arts and Sciences for their incompetent response to Will Smith slapping Chris Rock at the Oscars and reminds us that workplace violence is never acceptable. 

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 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.

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Everything Compliance

Episode 91, the Year End Review Edition


Welcome to the only roundtable podcast in compliance. The entire gang was also thrilled to be honored by W3 as a top talk show in podcasting. In this episode, we have the sextet of Karen Woody, Jonathan Armstrong, Matt Kelly, Jonathan Marks, and Jay Rosen, with host Tom Fox also weighing in on this episode. We also discuss our favorite story of 2021. We end with a veritable mélange of shouts outs and rants.

1. Karen Woody reviews the increase in SEC enforcement that the regulators have told us throughout the year that is coming. Karen shouts out to starting early Emmy buzz for Ted Lasso.

2. Jay Rosen reviews the Activision imbroglio from the missteps of the CCO to the disseminations of the CEO. Rosen shouts out to civility.

3. Matt Kelly reviews the latest iteration of ransomware attacks and contrasts it with data privacy breaches from the past. Kelly shouts out to the NJ sandwich shop Hometown International, which with $35K in annual sales resulting in a $100MM market cap evaluation.

4. Jonathan Armstrong goes back to consider the long running soap opera, sage and story that is Carlos Ghosn and Nissan. Armstrong shouts out to who show true leadership in a crisis and the Spirit of Christmas.

5. Jonathan Marks reviews the increase Caremark duties for Boards of Directors coming out of the Delaware courts. Marks expands on his rant about Hall of Fame horse trainer Bob Blaffert.

6. Tom Fox reviews the year in ESG and why compliance is the most well-suited corporate function to lead a corporate ESG effort. shouts out to John Lee Dumas, who as a college senior on 9/11, knew that night he was going to war, and to all the men and women who served in combat in America’s 20-year war in Iraq and Afghanistan.   

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.

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Great Women in Compliance

Matt Kelly-the Compliance Observer


Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.
In today’s episode, Lisa talks with Matt Kelly, who is the CEO and Editor of Radical Compliance. Matt is a journalist who is a long-time reporter and writer about compliance and GRC. He is also a supporter and advocate of women in compliance and of the Great Women in Compliance podcast, as he was the unofficial tech support, advisor and one of the first podcast subscribers.
Matt and Lisa discuss the continuing influence of #MeToo, and how this has impacted organizations and how it relates to the social justice movements and Black Lives Matter. They also talk about how the influence of social media and how it is used as a tool to raise and publicize concerns, and how this impacts corporate culture, investigations and compliance functions.
Matt also writes about retaliation – both for reporters, and as an issue for compliance professionals. He also gives his view of things of what someone should do in their 20s in their careers, and we won’t spoil that for you!
Join the Great Women in Compliance community on LinkedIn here.

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FCPA Compliance Report

Matt Kelly on the Role of Internal Audit


In this special five-part podcast series, I take a deep dive into the recent Herbalife FCPA Resolution. Over the next 5 podcasts Mike Volkov, Jay Rosen, Matt Kelly, Jonathan Marks and Jonathan Armstrong will all bring their own unique perspectives to this settlement. In this Part 3, Matt Kelly joins me to consider the role internal audit in this matter and the (non) actions of Herbalife’s Board of Directors.
Some of the highlights include:

  • Internal Audit as window dressing does not good government make.
  • How high up must internal audit push?
  • What is the Board’s duty?
  • Is there a Caremark claim against the Herbalife Board of Directors?
Categories
FCPA Compliance Report

Matt Kelly on Changes Seen by the 4th Estate

The FCPA Compliance Report is the longest running podcast in compliance, premiering on July 31, 2015. This week begins a series of podcasts leading up to the 500th anniversary episode of the FCPA Compliance Report, which will post on Monday, August 31. Over the next five episodes, I will post podcasts of 5 top FCPA and compliance commentators. Over this week, I will be joined by Mike Volkov, Matt Kelly, Jonathan Armstrong, Jay Rosen and Jonathan Marks. Each will speak about the evolution of compliance from their own unique perspective. In this episode, I visit with Matt Kelly, founder of Radical Compliance. Kelly is a business journalist who was one of the first to gravitate to compliance. We take a look back at the evolution compliance over the past 10 years from the perspective of the 4th Estate.
Some of the highlights include:

  • How compliance has moved into the mainstream of business news and the discussions about business.
  • How social media has led to a more robust discussion about corporate ethics and democratized other people’s ability to hold companies accountable to ethical standards.
  • The significance of the COSO 2013 Internal Controls Framework.
  • Kelly sees FCPA enforcement as fundamentally different than corporate scandals which led to SOX and Dodd-Frank.
  • The convergence of compliance & ethics and audit & risk management.
  • The increased use of data in compliance as emphasized in the 2020 Update to the Evaluation of Corporate Compliance Program.

Lineup
I hope you will listen in to each episode over this week. The lineup will be:
Monday, August 24-Episode 495-Mike Volkov on changes in FCPA enforcement.
Wednesday 26, August Episode 497-Jonathan Armstrong in changes in data protection/data privacy compliance.
Thursday August 27-, August Episode 498-Jay Rosen in changes in compliance from the business development perspective.
Friday August 28-, August Episode 499-Joanthan Marks on changes compliance mirroring those from internal audit.
Monday, August Episode 500-the Anniversary Episode.