Tag: monitors

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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.

Categories
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

Categories
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)
Categories
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.

Categories
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 

 

Categories
Great Women in Compliance

All Star Women Monitors

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

Today is the first 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.

 In Part 1, we get to hear more about their backgrounds and the road to their current roles.  They also explain more about work as a monitor, including how they are appointed, what they do as monitors, and the field in general.  They also share their experiences in reviewing programs and what impresses them when they are assessing a program, and, conversely, what concerns them.

They also provide advice for women who want to get into the field, and some of the things they have learned.

 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.

Categories
Daily Compliance News

November 1, 2022 the Good Governance Edition

In today’s edition of Daily Compliance News:

  • Musk fires Twitter Board and makes himself sole director. (WSJ)
  • EU wants stronger anti-forced labor law. (WSJ)
  • Trump companies don’t want to monitor. (Reuters)
  • Companies under clawback pressures from SEC. (WSJ)
Categories
FCPA Compliance Report

The EC Gang on the Monaco Doctrine

In this special 5 part podcast series, I am deeply diving into the Monaco Memo and analyzing it from various angles. In this episode of the FCPA Compliance Report, we have the Award-Winning Everything Compliance quartet of Jonathan Marks, Jonathan Armstrong, Karen Woody, and Tom Fox on the Monaco Memo.

1. Tom Fox looks at the Monaco Memo through the monitorship language and answers a listener’s questions about compliance programs under the Monaco Memo.

2. Karen Woody reviews the Monaco Memo, the self-disclosure angle, and investigatory considerations and ponders the role of defense counsel going forward.

3. Jonathan Marks also looks at investigatory issues under the Monaco Memo, the role of the Board of Directors, and the role of the forensic auditor under the Monaco Memo.

4. Jonathan Armstrong’s self-disclosure from a UK angle joins Karen Woody in questioning how defense counsel should move forward.

Resources

Tom 5-Part blog post series in the FCPA Compliance and Ethics Blog

1.     A Jolt for Compliance

2.     Timely Self-Disclosure

3.     Corporate Compliance Programs

4.     Monitors

5.     The Heat is On

Monaco Memo

Categories
FCPA Compliance Report

Laura Perkins on the Monaco Memo

In this special 5 part podcast series, I am deeply diving into the Monaco Memo and analyzing it from various angles. In this episode of the FCPA Compliance Report, I am joined by Hughes Hubbard partner Laura Perkins to take a deep dive into the Monaco Memo. Some of the highlights include:

  1. Determination of Monitor Need.
  2. Roadmap to proa-active compliance.
  3. Timely self-disclosure as criteria for monitorship?
  4. Monitor selection criteria.
  5. Monitor review and oversight.

 Resources

Laura Perkins on HughesHubbard.com

Tom 5-Part blog post series in the FCPA Compliance and Ethics Blog

  1. A Jolt for Compliance
  2. Timely Self-Disclosure
  3. Corporate Compliance Programs
  4. Monitors
  5. Polite Speech

Monaco Memo

Categories
FCPA Compliance Report

Matt Kelly on the Monaco Memo

In this special 5 part podcast series, I am deeply diving into the Monaco Memo and analyzing it from various angles. In this episode of the FCPA Compliance Report, I am joined by my Compliance into the Weeds co-host Matt Kelly for a deep dive into the weeds of the Monaco Memo. Some of the highlights include:

  1. Corporate accountability.
  2. Timeliness in turning over evidence of wrongdoing.
  3. Baby Carrots in evaluating the corporate history of misconduct.
  4. Additions to Evaluation of Corporate Compliance Programs.
  5. Tweaks to the Yates Memo formulation.
  6. Monitors and Monitorships.

 Resources

Matt in Radical Compliance

Tom in the FCPA Compliance and Ethics Blog

  1. Introduction
  2. Self-Disclosure
  3. Corporate Compliance Programs
  4. Monitors
  5. What it all means

Monaco Memo