Tag: monitors

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Compliance Tip of the Day

Compliance Tip of the Day: Monitor Selection, Is it Still a Thing

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 this episode, we ask the question of whether monitor selection is still something an organization needs to consider.

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

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Everything Compliance

Everything Compliance – Episode 131, The Whistleblower Edition

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows. In this episode, we have a quintet of commentators; Jonathan Marks, Matt Kelly, Jonathan Armstrong, Jay Rosen, and Special Guest Mary Inman; all hosted by Tom Fox.

1. Matt Kelly bemoans the lack of monitoring in recent FCPA enforcement actions. He shouts out to Ken Buck for his resignation from Congress.

2. Host Tom Fox shouts out to the Ides of March and the Mooring Theater Company’s Production of Shakespeare’s play Julius Caesar,  starring Corin and Vanessa Redgrave.

3. Jonathan Armstrong reviews NIS2 and the changing climate around cybersecurity regulation. He rants about the disaster management failures of the British Crown around Kate Middleton.

4. Jay Rosen looks at the enforcement action involving Gunvor S.A. and the potential Vice-Presidential candidacy of Aaron Rogers and says, “You ain’t no Bill Bradley.”.

5. Special Guest Mary Inman takes a deep dive into the DOJ whistleblower bounty program.  She shouts out to whistleblower John Barnett and rants about the need for mental health resources to be made available to whistleblowers.

6. Jonathan Marks looks at the DOJ’s renewed call for self-disclosure. shouts out a fast-thinking and fast-acting McDonald’s employee who used CPR to save a customer who had a heart attack.

The members of the Everything Compliance are:

• Jay Rosen– Jay can be reached at Jay.r.rosen@gmail.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 in London.

• Jonathan Marks can be reached at jtmarks@gmail.com.

The host, producer, ranter (and sometimes 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

Great Women in Compliance – Alejandra Montenegro Almonte on Workplace Culture and Compliance

Welcome to the Great Women in Compliance Podcast. In this episode, Lisa visits with Alejandra Montenegro Almonte, who is a member at Miller & Chevalier and is the Chair of their International Practice and Practice Co-Lead, Workplace Culture. Prior to joining Miller & Chevalier, she was General Counsel for the North American and Latin American Division at Gategroup and an associate at Weil, Gotshal & Manges.  Alejandra has won awards and recognition from Chambers, Best Lawyers in America and Latin America, among others.

In this episode, Alejandra discusses her experience in global ethics and compliance programs, from advising on best practices to workplace investigations.  Alejandra has leveraged her experience in-house and at law firms to provide practical advice and explains her approach to advising clients.

Alejandra also provides insight on her experiences with monitorships, as she has advised clients in monitorships and acted as a monitor.  She talks about the importance of a proactive relationship between the monitor and the organization, as well as some thoughts about best practices for communications and meetings.

She applies a similar set of principles to all of her work, focusing on learning about a business, including its market dynamics and risks, as part of building the best program for that organization.  She uses that as a foundation for her work on program enhancements and on how to conduct workplace investigations.

As this is Women’s History Month, Alejandra provides some ideas on how we can best support women and diversity in our workplaces.

Key Highlights:

  • Building Global Ethics & Compliance Programs
  • Experience in Monitorships as an Advisor and a Monitor
  • Providing Practical Advice on Compliance Risks
  • Cultural Nuances in Global Workplace Dynamics
  • Insights During Women’s History Month

Resources

Join the Great Women in Compliance community on LinkedIn here.

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Compliance Into the Weeds

Compliance into The Weeds: To Monitor or Not to Monitor: What is even The Question?

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 more fully explore a subject. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into the seeming inconsistency in approaches to monitoring (or lack thereof) in two recent DOJ enforcement actions involving eBay and SAP.

The Department of Justice’s (DOJ) seemingly inconsistent approach to corporate enforcement and compliance monitoring has been a topic of much debate and confusion. Or has it? This inconsistency is particularly evident in the assignment of compliance monitors and CCO certification, as seen in the contrasting cases of eBay and SAP. Does the DOJ have a contradictory approach? What are the criteria for assigning monitors? Are local U.S. Attorneys may be following their own agendas, leading to this inconsistency. Is there a lack of logic and effectiveness in the DOJ’s policies? To delve deeper into this issue, join Tom Fox and Matt Kelly in this episode of Compliance into the Weeds.

Key Highlights:

  • Effectiveness and Consistency of Compliance Monitors
  • Incentivizing self-disclosure and remediation in corporate enforcement
  • Inconsistent assignment of monitors based on misconduct
  • Inconsistent enforcement practices by U.S. Attorneys

Resources:

Matt on Radical Compliance

Tom 

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2 Gurus Talk Compliance

2 Gurus Talk Compliance – Episode 17: Self-Improvement 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 take on various topics, including the self-improvement of Florida Man gone astray.

Challenges are constant in the ever-evolving regulatory compliance and risk management world, and strategies must be dynamic. Tom highlights the technological shortcomings of many compliance programs and the critical role of compliance officers in mitigating reputational damage. He emphasizes continuous improvement and vigilance, ensuring due diligence and monitoring compliance strategies. Kristy acknowledges the progress made in the field over the past two decades but also points out the technology gap in integrating governance, risk, and compliance data. She underscores the need for better handling of integrated reporting in the future. Join Tom Fox and Kristy Grant-Hart as they delve deeper into these issues in this 2 Gurus Talk Compliance podcast episode.

Highlights Include:

  1. What does the lull in FCPA enforcement mean for chief compliance officers? (FCPA Blog)
  2. CA enacts climate change disclosures. (HLS Forum on Corp Governance)
  3. CFTC and monitors. (Compliance and Enforcement)
  4. U.S. Warns Businesses to Guard Against Iran Missile Push (WSJ)
  5. Combining COI and Risk Assessments. (COI Blog)
  6. U.S. Lifts Broad Sanctions Against Venezuela for Six Months (WSJ)
  7. The Gap In SEC Individual FCPA Enforcement Actions Is Over Three Years (FCPA Professor)
  8. Report: Insourcing Up, Confidence Too (Radical Compliance):
  9. Prosecutors in Sam Bankman-Fried trial compare defense argument to ‘Dumb and Dumber’ (CNBC)
  10. Florida man’s quest to fulfill ‘daily theft quota’ lands him in jail across county lines, deputies say (Fox Orlando)

 Resources: 

Kristy Grant-Hart on LinkedIn

Spark Consulting

Tom

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Everything Compliance

Episode 114, The Monaco, Polite & ECCP 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 quartet of Tom Fox, Jonathan Marks, Matt Kelly and special guest Scott Garland from Affiliated Monitors, who discuss at the recent speeches by DAG Lisa Monaco and Kenneth Polite, announcing changes in the DOJ’s Evaluation of Corporate Compliance Programs. We conclude with our fan fav Shout Outs and Rants section.

  1. Matt Kelly looks at the changes around clawbacks. He shouts out to the PCAOB for reminding folks that cryptocurrency ‘reserve reports’ are not worth the paper they are printed on.
  2. Jonathan Marks considers what the two speeches and changes in the ECCP mean for corporate governance. He shouts out to US House of Representatives for overwhelmingly voting to investigate the origins of Covid-19.
  3. Tom Fox looks at the changes to incentives, both financial and non-financial in the 2023 ECCP. He rants about the Tennessee legislature attempt to ban Shakespeare, movies such as Tootie and Some Like It Hot, politicians such as George Santos; all in the guise of banning drag shows.
  1. Special Guest Scott Garland looks at the changes in the monitor selection process and what that means for the line attorney prosecuting a FCPA violation. He shouts out to the Department of Justice for their continued evolution in their thinking about compliance and compliance programs.

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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FCPA Compliance Report

Scott Garland and Zach Hafer – Practice After the DOJ

Welcome to the award-winning FCPA Compliance Report, the most senior podcast in compliance. I have double trouble in this episode as I welcome Scott Garland and Zach Hafer. They worked together for many years at the US Attorney’s Office for the District of Massachusetts. Both are now in private practice, Garland as a Managing Director at Affiliated Monitors, Inc. and Hafer as a Partner at Cooley LLP in Boston.

Some of the highlights include:

In this podcast, we consider DOJ corporate enforcement through the mechanisms of DPAs and NPAs based upon Hafer’s tenure as the Criminal Chief. They discussed the need to balance approving prosecutions for general impact vs. based on the case’s merits. We also consider how, if at all, the Monaco Memo changes DOJ focus. Garland leads us through a discussion of compliance issues within a prosecutor’s office, why your compliance philosophy is so critical, and some of the biggest issues and situations they both confronted while in the US Attorney’s Office for the District of Massachusetts. We conclude this section with a discussion of receiving compliance advice: what worked and what did not.

We conclude with a discussion of transitioning from DOJ to private practice, and both Zach and Scott summarize some of the key questions they are getting from clients. Garland opines on key issues he sees for monitors after Monaco Memo, and we conclude with why proactive monitoring can be such a powerful tool.

 Resources

Scott Garland at Affiliated Monitors

Zach Hafer at  Cooley LLP

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Daily Compliance News

November 10, 2022 the Binance Walks Edition

In today’s edition of Daily Compliance News:

  • French raid Rugby World Cup headquarters. (France24)
  • Trump monitor to move forward. (Reuters)
  • Corporations and consent to be sued. (NYT)
  • Binance walks away from buying FTX. (WSJ)
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Great Women in Compliance

All Star Women Monitors, Part 2

Welcome to the Great Women in Compliance Podcast, co-hosted by Lisa Fine and Mary Shirley.

Today is the second part of a 2-part series that we have been planning for a while, and the timing turned out to be perfect.  Lisa is speaking with an all-star panel of Audrey Harris, Bethany Hengsbach and Dionne Lomax,  Managing Directors from Affiliated Monitors.  Audrey’s area is  Global Anticorruption, Compliance, Ethics & Non–Financial Risk, Bethany focuses on Global Corporate Compliance, with a focus on healthcare, and Dionne works in Antitrust and Trade Regulation, as well as being a professor at Boston University. The timing for this series turned out perfectly, as the group was able to get into an in-depth discussion about Lisa Monaco’s statements in September about the Monaco Doctrine and some of their key takeaways.

In Part 2, the group discusses the statements about compensation and clawbacks, and the importance of appropriate resources, among other topics. They also provide their individual perspectives on two other topics that many of us discuss.  One is the reporting line for CECOs, and the importance of a direct line to the Board or Audit Committees.  The other is the certification of Corporate Compliance programs by CEOs and CECOs. The entire discussion was extremely insightful, filled with practical ideas and good tips for everyone who is trying to build and/or maintain a program.

Listen to Part 1 here.

The Great Women in Compliance Podcast is on the Compliance Podcast Network with a selection of other Compliance related offerings to listen in to.  If you are enjoying this episode, please rate it on your preferred podcast player to help other likeminded Ethics and Compliance professionals find it.  If you have a moment to leave a review at the same time, Mary and Lisa would be so grateful.  You can also find the GWIC podcast on Corporate Compliance Insights where Lisa and Mary have a landing page with additional information about them and the story of the podcast.  Corporate Compliance Insights is a much-appreciated sponsor and supporter of GWIC, including affiliate organization CCI Press publishing the related book; “Sending the Elevator Back Down, What We’ve Learned from Great Women in Compliance” (CCI Press, 2020).

If you enjoyed the book, the GWIC team would be very grateful if you would consider rating it on Goodreads and Amazon and leaving a short review.  Don’t forget to send the elevator back down by passing on your copy to someone who you think might enjoy reading it when you’re done, or if you can’t bear parting with your copy, consider it as a holiday or appreciation gift for someone in Compliance who deserves a treat.

You can subscribe to the Great Women in Compliance podcast on any podcast player by searching for it and we welcome new subscribers to our podcast.

Join the Great Women in Compliance community on LinkedIn here.

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Innovation in Compliance

The Many Marketing Uses of Podcasts with Jay Rosen

Jay Rosen is the Vice President of Business Development at Affiliated Monitors, Inc., a company that helps businesses face certain types of ethics and compliance challenges. Tom Fox and Jay talk about the power of podcasting as a new component of marketing for Affiliated Monitors in this week’s show. 

 

 

Getting The Message Out

Tom asks Jay to elaborate on how he’s been able to help people within his organization become more comfortable with having short and direct messages to send out about Affiliated Monitors. “My message – and our message internally to our folks – is that they are just so well versed and so talented, there’s nothing to be afraid of,” Jay says. He adds that they are removing barriers of entry and letting employees know that no matter what level of staff they’re at, they have a story to tell. “Personalize your experience at AMI, and that enthusiasm will come through to the people who want to watch.”

 

The Beauty of Evergreen

Jay talks about previous podcast series he’s had with Tom and explains that AMI was able to evolve its thinking around podcasts because the previous series was evergreen. The beauty of evergreen podcast content is that you’re able to repurpose it, repackage it, and use it in your target marketing. “It exists on the AMI website, and it’s still valuable content as well as an incredibly cost-effective tool for you because if you want to slice and dice something you did a couple of years ago in a different way, for a different reason, today, it doesn’t cost you anything but your time,” Tom adds. 

 

Podcasts As a Channel Tool

A podcast you make lives somewhere, such as your website or Apple Podcast. Your podcast connects you digitally to people you’ve never met in person and that’s a powerful networking tool. You’re connecting companies and services. 

 

Resources

Jay Rosen | LinkedIn | Twitter 

Affiliated Monitors, Inc

Podcast for Business