Tag: SEC

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Great Women in Compliance

Great Women in Compliance – GWIC X Everything Compliance

Welcome to the Great Women in Compliance podcast on the Compliance Podcast Network, sponsored by Corporate Compliance Insights. Today’s episode is a special episode cross-posted with Everything Compliance.

In this episode, host Kristy Grant-Hart joins Everything Compliance panelists Karen Moore and Karen Woody to team up with the Great Women in Compliance regulars Hemma Lomax and Lisa Fine to dissect current issues in the compliance landscape. They look into the implications of the U.S. Constitution’s 10th Amendment on state rights amidst federal executive action, affecting data privacy and ESG regulations. The panel also explores the shifting terrain of DEI programs under recent executive orders, shedding light on both opportunities and challenges for compliance officers in advocating for ethical practices and maintaining organizational morale during these turbulent times, considering the role of the SEC going forward and the current chaos coming out of Washington. The episode concludes with their signature rants and raves, highlighting frustrations and positive notes from the compliance field.

  • Karen Woody on change to require SEC Commission approval to launch investigations.
  • Karen Moore on the importance of the 10th
  • Lisa Fine on morale, destruction, and confusion.
  • Hemma Lomax on change management and employee engagement.
  • Rants and Raves

You can join the LinkedIn podcast community Or the Great Women in Compliance podcast community here.

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31 Days to More Effective Compliance Programs

31 Days to a More Effective Compliance Program: Day 24 – Internal Reporting and Triage

Welcome to a special podcast series on the Compliance Podcast Network, 31 Days to a More Effective Compliance Program. Over these 31 days of the series in January 2025, Tom Fox will post a key part of a best practices compliance program daily. By the end of January, you will have enough information to create, design, or enhance a compliance program. Each podcast will be short, at 6–8 minutes, and will include three key takeaways you can implement at little or no cost to help update your compliance program. I hope you will join us each day in January for this exploration of best practices in compliance.

On Day 24, we look into the critical internal reporting process and triaging of FCPA claims. As the CCO, you will oversee the initial steps when suspicious activities are reported. Jonathan Marks’ five-step process on early assessment of incoming information is explored, providing a structured approach for evaluating the severity of allegations from low-threat level to crisis management mode. Moreover, this episode emphasizes the necessity of effective hotlines, trained managers, and a culture of listening to employees to foster a safe reporting environment. Key takeaways include the DOJ and SEC’s emphasis on internal reporting lines, regularly testing hotlines, and the triage of claims to ensure appropriate investigation levels.

Key highlights:

  • Guidelines for Effective Compliance Programs
  • Jonathan Marks’ Five-Step Process for Early Assessment
  • Key Takeaways

Resources:

Click here to receive a 20% discount on The Compliance Handbook, 5th edition, for listeners to this podcast.

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Daily Compliance News

Daily Compliance News: January 16, 2025 – The SEC Sues Musk (Again) 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 morning coffee, and listen 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.

Top stories include:

  • What is forced labor? (BBC)
  • Is China aiming to sell TikTok to Musk? (NYT)
  • KPMG will open a US law firm in AZ. (Reuters)
  • SEC sues Elon Musk yet again, this time over Twitter purchase. (Bloomberg)

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

Check out The FCPA Survival Guide on Amazon.com.

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Classroom Insiders

Classroom Insiders, Season 2 – US v. Chow and the Personal Benefit Test

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 Karen Woody and law students Alex Hudson and Alon Gokovski review the insider trading case of United States v. Chow. And its impact on the Personal Benefit Test. Their discussion sheds light on the sensational facts of this case, including secret code words, live lobsters, and jars of honey, all used in a complex tippers-and-tippees scheme. The episode also examines the legal intricacies of the personal benefit test and its broader implications in insider trading law. The students discuss the trial, the appeal, and the ultimate impact of this case on the interpretation of insider trading laws. Insights are shared on the US Attorney’s crackdown during this period, the discrepancies in sentencing, and where the law stands today post-United States v. Chow and subsequent cases.

Key highlights:

  • Meet the Students: Alex and Alon
  • Introducing the Case: United States v. Chow
  • Understanding Insider Trading Law
  • The Sensational Details of the Chow Case
  • Trial and Sentencing of Winifred Chow
  • Appeal and Legal Implications
  • Final Thoughts and Broader Implications

Resources:

Washington and Lee School of Law

Professor Karen Woody

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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.

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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

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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

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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.

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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.

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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