In today’s edition of Daily Compliance News:
Tag: SEC
As the NY Mets have the best record in baseball and we prepare for the celebrations of Easter and Passover, Tom and Jay are back to look at some of the week’s top compliance and ethics stories in the Ng Convicted edition.
Stories
-
- Roger Ng was convicted. Tom in the FCPA Compliance and Ethics Blog.
- Lessons from DOJ’s first cyber fraud settlement? Annie Hudgins in the FCPA Blog.
- Depression as corporate materiality issue. Dick Cassin in the FCPA Blog.
- Should CCOs be required to certify compliance programs? Mike Volkov in Corruption Crime and Compliance.
- CEO fined by SEC for impeding whistleblower. Aaron Nicodemus in Compliance Week. (sub req’d) Matt Kelly in Radical Compliance.
- How much BOD oversight of compliance is enough? Jeff Kaplan in Conflict of Interest Blog.
- Compliance in recessionary times. Jim DeLoach in CCI.
- Water and corruption. Rick Messick in GAB.
- Why should an organization disclose diversity information? Antinuke Adrian in Harvard Law School Forum on Corporate Governance.
- Data governance best practices. Eray Eliaçik in Data Economy.
Podcasts and More
- Tom visits with Matt Galvin and Dan Kahn over a 2-part podcast series. In Part 1, they talk about dealing with the DOJ during an FCPA investigation and thereafter.
- Into Star Trek, then join Tom and John Champion, who is on a 15-year mission to do a podcast on every episode of Star Trek, television, movie, and animated show on the podcast MissionLogPodcast.com. In Part 1, from TOS up to the start of TNG. In Part 2, from TNG to today.
- This month on the Compliance Life, I visit with Susan Divers, Director of Thought Leadership at LRN. In Part 1, academic life and early professional career. In Part 2, she moves to the corporate world.
- Why should you attend Compliance Week 2022? Find out on this episode of From the Editor’s Desk. Listeners get a $200 discount to CW 2022 with the code Fox200. More here.
- Join Tom and Jay at ECI Impact 2022. Listeners to this podcast can save 20% off registration
by entering discount code: TOM20 at checkout. - Welcome back, Sam Rubenfeld.
Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.
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. This week, Matt and Tom take on the strange comings and goings of Elon Musk and his participation on the Twitter Board of Directors. Highlights include:
· When and how did Musk become Twitter’s largest shareholder?
· Why was he asked to come on to the Board?
· SEC filing requirement issues?
· What role did the various stakeholder groups, including employees, have in Musk turning down the Twitter Board seat?
· What are the compliance and governance issues to be learned?
Categories
Episode 97-the ESG Edition
Welcome to the only roundtable podcast in compliance. The entire gang was also recently honored by W3 as a top talk show in podcasting. In this episode, we have the quartet of Jay Rosen, Jonathan Armstrong, Karen Woody and Matt Kelly. We conclude with our fan favorite Shout Outs and Rants.
1. Jay Rosen discusses the connection an ethics and compliance corporate culture survey and an ESG culture survey. Rosen also discusses what companies can do to improve overall ESG culture. 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 takes a deep dive into the SEC proposed rules on climate risk disclosure and their impact on the compliance profession. 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 looks at greenwashing and how companies which are trying to do the right thing often get in trouble by doing it the wrong way. 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 explains the SEC rule making process and how it can be challenged and responds to SEC Commissioner Peirce’s dissent to the proposed rules. 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 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.
SEC issues proposed rules on climate impact disclosures; requests public comment.
The SEC releases regulations around climate change as Tom take a solo turn to look at some of the week’s top compliance and ethics stories in the Seeing Green edition.
Stories
1. SEC comes out with climate change regs. Andrew Ross Sorkin in NYTimes Dealbook. Matt Kelly in Radical Compliance. Tom and Matt in Compliance into the Weeds.
2. SFO spanked again. Andrew Crowley in MLex.
3. Getting rid of old data critical. Debevoise lawyers in Compliance and Enforcement.
4. The ‘S’ in ESG. Mike Volkov in Corruption Crime and Compliance.
5. FINRA and CCO liability. Matt Kelly in Radical Compliance.
6. IDB debars construction company. Harry Cassin in the FCPA Blog.
7. First ZTE monitorship ends. Jaclyn Jaeger in Compliance Week (sub req’d)
8. DOJ raises stakes. Todd Fishman, Noah Brumfield, Eun Woo Jhang and Elaine Johnston in CCI.
9. Top 6 ESG issues for 2022. Giles Newman in Risk and Compliance Matters.
10. A Privacy Shield replacement on the horizon? Neil Hodge in Compliance Week. (sub req’d)
Podcasts and More
11. In March on The Compliance Life, I visit with Audrey Harris, Managing Director at AMI, formerly CCO at BHP. In Part 1, she discussed her academic background and early professional career. In Episode 2, Audrey moved to the CCO chair at BHP. In Episode 3, she moved back to private practice. In Episode 4, she moves to AMI.
12. Tom has a two part series with Aly McDevitt on her recent Ransomware case study, on Greetings and Felicitations, Part 1 and Part 2.
13. Why should you attend Compliance Week 2022? Find out on this episode of From the Editor’s Desk. Listeners get a $200 discount to CW 2022 with the code Fox200. More here.
14. Tom visits with Pop Hair Art Salon founder, Michele Van Fossen on The Hill Country Podcast.
15. An undergrad degree focusing on ESG? Jules Oringel explains on the ESG Compliance Podcast.
Tom Fox is the Voice of Compliance and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.
Welcome to the only roundtable podcast in compliance. The entire gang was also recently honored by W3 as a top talk show in podcasting. In this episode, we have the quartet of Jay Rosen, Jonathan Armstrong, Tom Fox and Matt Kelly. We conclude with our fan favorite Shout Outs and Rants.
1. Jay Rosen discusses the connection between corruption and the Russian invasion of Ukraine and the leadership differences between Presidents Putin and Zelensky. Rosen rants about Mavericks owner Mark Cuban over the allegations of former GM Donnie Nelson that Nelson was fired for reporting a sexual assault of a Maverick employee.
2. Matt Kelly looks cybersecurity and the state of proposed new rules from the SEC governing the conduct of public companies which sustain a cyber breach. Kelly rants about West Virginia Senator Joe Manchin opposes electric cars because customers would have to wait too long at charging stations for batteries to be replaced (electric car batteries are recharged not replaced).
3. Jonathan Armstrong looks at the increase in cyber-attacks and ransomware demands and a GDPR enforcement action involving Tucker’s. Armstrong shouts out to TV show editor Marina Ovsyannikova who on live TV in Moscow, stood up to the President Putin by holding a sign which said, “Russian: “Don’t believe the propaganda. They’re lying to you here.” In English it said: “No war … Russians against war.”
4. Tom Fox discusses the recent District Court decision in the Coburn case and what it means for all involved; the DOJ, companies under FCPA investigation and counsel who perform internal investigations. Fox rants about Texas AG Ken Paxton who once again disobeyed a District Court injunction forbidding the state of Texas from investigating the parents of transgender teens for child abuse.
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.
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 take a look at the proposed SEC climate change risk disclosure regulations released on Monday. Highlights include:
- The history of this issue.
- Is the SEC over-reaching?
- Why climate change regulations only? What about a broader set on ESG?
- The role of internal controls, audit and oversight.
- What does all this mean for the compliance function?
Resources
Matt Kelly in Radical Compliance
