Categories
Everything Compliance

Everything Compliance: Episode 146, The Holiday Season Edition

Welcome to this Special Edition of Everything Compliance. In this episode, Matt Kelly, Jonathan Marks, Karen Woody, and Karen Moore examine various issues for compliance professionals under the incoming administration.

  1. Jonathan Marks discusses how deepfake videos facilitate fraud and how companies can combat this scourge. He shouts out to Miriam Chamani and her Voodoo Spiritual Temple.
  2. Karen Moore takes a deep dive into sustainability requirements in the EU and what these obligations mean for US companies under the second Trump administration. She shouts out to all the delivery folks this holiday season.
  3. Matt Kelly examines the DOGE initiative and its potential impact on compliance. He rants about the Pete Hegseth nomination and praises the South Korean people who opposed the presidential coup.
  4. Karen Woody examines what the new Trump administration may mean for the SEC in the future and rants about Time Magazine naming Donald Trump its Man of the Year.
  5. Tom Fox shouts out to the Shuffle Mamas.

The members of the Everything Compliance are:

The host and producer, rantor (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 award-winning Compliance Podcast Network.

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

Check out the full 3-book series, The Compliance Kids on Amazon.com.

Categories
Classroom Insiders

Classroom Insiders, Season 2 – Exploring the Complexities of SEC vs. OBIS and the Misappropriate Theory

Welcome to Season 2 of Classroom Insiders, a podcast with Professor Karen Woody and her Insider Trading Seminar students from Washington and Lee University. They explore the arc and evolution of insider trading over the last century. Each episode will feature a discussion between Karen Woody and students about insider trading and regulation. Find out what the future lawyers of the university think about past and current legislation and learn more about this fascinating area of law.

In this episode of Classroom Insider Season 2, Professor Woody chats with Noah Gallagher and Ahmed. Together, they explore the intricate details of the famous insider trading case, SEC vs. OBIS. The episode dives into the initial allegations, the roles of various individuals involved, and the complex theories of insider trading used in the case, including the classical and misappropriation theories. The discussion also highlights the various legal challenges and court rulings that shaped the case’s outcome, mainly focusing on fiduciary duty, personal benefit, and scienter requirements.

Listeners will understand how the courts handle insider trading cases and the nuances that legal practitioners face. Noteworthy is the conversation on the impact of the court’s interpretations on the personal benefit test and how this case stands about the broader legal landscape of insider trading.

Key highlights:

  • Overview of SEC vs. OBIS Case
  • Details of the Insider Trading Allegations
  • Theories of Insider Trading Explained
  • Court Proceedings and Initial Rulings
  • Appeal and Trial Outcomes
  • Implications and Legal Interpretations

Resources:

Washington and Lee School of Law

Professor Karen Woody

Categories
Compliance Into the Weeds

Compliance into the Weeds: Potpourri of Compliance Issues

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 more fully. Are you looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode, Tom Fox and Matt Kelly dive into a potpourri of issues, including Paul Atkins’s appointment to chair the SEC, a massaging of DOJ and the Corporate Enforcement Policy, and McKinsey’s FCPA resolution.

Tom and Matt discuss various compliance issues, focusing on the implications of Paul Atkins’ appointment as SEC chairman, the challenges of enforcement and corporate penalties, the role of whistleblowers, and recent FCPA enforcement actions, including the McKinsey settlement. They explore how Atkins’ conservative views may shape SEC policies and the potential impact on compliance officers and corporate governance.

Key highlights:

  • Paul Atkins and the SEC
  • Enforcement Challenges and Corporate Penalties
  • Whistleblower Protections and Compliance Officers
  • FCPA Enforcement and McKinsey Settlement

Resources:

Matt in Radical Compliance

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Daily Compliance News

Daily Compliance News: December 11, 2024 – The Atomic Make-Up 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.

  • Continued robust export control enforcement is predicted. (WSJ)
  • Patagonia fighting forced labor through exploring ‘atomic make-up’ of clothing. (WSJ)
  • PCAOB critic to oversee the agency. (WSJ)
  • SEC is keeping an eye on PE deals.  (WSJ)

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

Check out the entire 3-book series, The Compliance Kids, on Amazon.com.

Categories
10 For 10

10 For 10: Top Compliance Stories For the Week Ending December 7, 2024

Welcome to 10 For 10, the podcast that brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance, brings you the compliance professional and the compliance stories you need to know to end your busy week. Sit back, and in 10 minutes, hear the stories every compliance professional should know from the prior week. Every Saturday, 10 For 10 highlights the most important news, insights, and analysis for the compliance professional, all curated by the Voice of Compliance, Tom Fox. Get your weekly filling of compliance stories with 10 for 10, a podcast produced by the Compliance Podcast Network.

  • McKinsey agrees to FCPA settlement for corruption in South Africa. (DOJ Press Release)
  • Judge rejects DOJ/Boeing settlement.  (WSJ)
  • Defense in Trafigura case can’t knock out star prosecution witness. (FT)
  • Was it corruption or a smart (or dumb) business deal? (TNR)
  • Tesla lost the case on the 2nd Musk pay package. (WSJ)
  • Was it fraud or worse? (NYT)
  • Paul Atkins was selected to head SEC. (FT)
  • Trump-appointed Texas judge enjoins CTA nationally. (Bloomberg)
  • OIG looks to hold nursing care execs responsible. (McKnight’s Long-Term Care News)
  • Buying/Selling homes and compliance.  (Mortgage News Daily)

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

You can check out the Daily Compliance News for four curated compliance and ethics-related stories each day here.

Check out the entire 3-book series, The Compliance Kids, on Amazon.com.

Connect with Tom 

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Classroom Insiders

Classroom Insiders, Season 2 – Understanding Injunctions in SEC Cases: Standards and Circuit Differences

Welcome to Season 2 of Classroom Insiders, a podcast with Professor Karen Woody and her Insider Trading Seminar students from Washington and Lee University. They explore the arc and evolution of insider trading over the last century. Each episode will feature a discussion between Karen Woody and students about insider trading and regulation. Find out what the future lawyers of the university think about past and current legislation and learn more about this fascinating area of law.

In this episode of Classroom Insiders, Professor Woody is joined by law students Allison and Emilio to delve into the complexities of injunctions in SEC cases. They explore the differences between the Second and Third Circuit standards for granting preliminary injunctions, mainly focusing on the statutory injunction standard versus the traditional four-part test. Through real-world examples, such as the SEC v. David Smith case, they discuss the practical implications of these standards on asset freezes, insider trading cases, and overall SEC enforcement efficacy. The conversation also touches on the constitutional implications of pre-trial asset freezes and the potential for judicial forum shopping, making this episode a must-listen for anyone interested in securities law and corporate compliance.

Key highlights:

  • Meet the Students: Allison and Emilio
  • Topic Overview: Insider Trading and Injunctions
  • Deep Dive: Circuit Differences in Injunction Standards
  • Case Studies: SEC Actions and Asset Freezes
  • Debate: Pros and Cons of Injunction Standards
  • Forum Shopping and Judicial Discretion

Resources:

Washington and Lee School of Law

Professor Karen Woody

Categories
Daily Compliance News

Daily Compliance News: December 5, 2024 – The CTA Enjoined 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.

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

Check out the entire 3-book series, The Compliance Kids, on Amazon.com.

Categories
FCPA Compliance Report

FCPA Compliance Report – Episode 737 – Navigating Compliance in a Trump Presidency: Insights and Concerns

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. This edition delves into the implications of Donald Trump’s presidency for corporate compliance and ethics.

We share some initial thoughts from compliance officers and industry experts, exploring the widespread concern over Trump’s controversial character and potential impact on businesses’ ethical cultures. Key discussion points include the existential angst among compliance professionals, the future of FCPA enforcement, and the role of influential figures like Elon Musk in the Trump administration. The episode underscores the importance of maintaining robust compliance programs despite political uncertainties and the potential for increased regulatory challenges and internal corporate risks.

Highlights in this episode:

  • Compliance in the Trump Era
  • Existential Angst in Compliance
  • FCPA Enforcement Under Trump
  • Elon Musk’s Role in the Administration
  • The Future of Compliance and Governance
  • Conclusion: The Risks of Relaxed Controls

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

Check out the full 3-book series, The Compliance Kids, on Amazon.com.

For an audio/video version of the Compliance Kids book, Speaking Up is AWESOME, contact Tom Fox.

Categories
Daily Compliance News

Daily Compliance News: November 21, 2024-the Adani Group Edition

Welcome to the Daily Compliance News. Each day, Tom Fox, the Voice of Compliance brings to 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.

For the first time ever, the Daily Compliance News focuses on one story, the massive civil and criminal set of charges brought against the Adani Group and its founder Gautam Adani. Articles featured in this edition include, the NYT, FT and WSJ.

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

Check out the full 3-book series, The Compliance Kids on Amazon.com.

Categories
2 Gurus Talk Compliance

2 Gurus Talk Compliance – Episode 41 – The Where Are We Headed 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!

Stories This Week Include:

  • End of ESG and crypt initiatives at SEC.  (WSJ)
  • What science reveals about corruption. (El Pais)
  • FinCEN, corruption, and the real estate industry.  (Reuters)
  • Would you trust Mattel to list your website?   (NYT)
  • Fat Leonard was sentenced. (NYT)
  • 10 Compliance Lessons Learned from the Telefónica Venezolana FCPA Enforcement Action (JDSUPRA)
  • DOJ has received 200 tips since launching the whistleblower program (LEGALDIVE)
  • Retaliation – The Reality From passive policy to a data-driven active anti-retaliation program (IDEAS & ANSWERS)
  • Connect With One Old Colleague or Boss (WSJ)
  • A quick guide to rekindling a business relationship gone dormant—and why it’s important to do it  
  • Ex-Disney Employee Accused of Hacking Disney World Menus, Changing Font to Wingdings (404 MEDIA)

 

Register for the First Annual Compliance Podcast Network, Agora Awards for Excellence in Podcasting. Our inaugural winners are Mary Shirely and Lisa Fine for co-founding Great Women in Compliance. The event is free on Tuesday, November 19, from 12-3 PM ET. Registration and Information here.

Resources:

Kristy Grant-Hart on LinkedIn

Spark Consulting

Prove Your Worth

Tom

Instagram

Facebook

YouTube

Twitter

LinkedIn