Categories
Daily Compliance News

February 18, 2022 the NY AG Edition


In today’s edition of Daily Compliance News:

  • NY AG can question Trump, kids under oath. (NYT)
  • SEC widens investigation into Activision Blizzard.  (WSJ)
  • Surprise Surprise, BoJo drops Minster to fight corruption. (Business Insider)
  • Tesla says SEC being unfair to Musk. (WSJ)
Categories
Everything Compliance

Episode 94, the National Archives 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 full gang of Jonathan Marks, Karen Woody, Jonathan Armstrong, Tom Fox, Matt Kelly and Jay Rosen. We discuss a potpourri of issues. We conclude with our fan favorite Shout Outs and Rants.

  1. Karen Woody reviews the recent HeadSpin SEC enforcement action, explaining how the SEC has jurisdiction over a private company, the significance of an enforcement action with no fine or penalty and the corporate governance issues involved. Karen shouts out to the Super Bowl Halftime show for throwing love on 90s music and musical stars.
  1. Jay Rosen discusses the recently released Commission on Combatting Synthetic Opioid Trafficking Report. Rosen shouts out to celebrity chef Jose Andreas for creating the Gazpacho Police in the 1990s long before Marjorie Green Taylor accused Nancy Pelosi of doing so and for inviting Rep. Taylor to join, provided she is vaccinated and wears a mask to the restaurant.
  1. Matt Kelly looks at the Joe Rogan and Spotify imbroglio, focusing the attempts of Spotify CEO Daniel Ek to focus the spotlight on Rogan and not Spotify. Kelly shouts out to that unknown US criminal enforcement agency, the National Archives which raided Mar-A-Lago where the former President had purloined some 15 boxes of Presidential papers and materials. He also gives a minor shout out to New York Times columnist Maggie Haberman who in an upcoming book reported the former President flushed documents down the toilets at the White House.
  1. Jonathan Marks discusses continuous controls monitoring and continuous auditing as best practices for compliance, risk management and fraud prevention programs. Marks shouts out to the Philadelphia 76ers for getting rid of Ben Simmons who refused to play for them. He implores Simmons to get a new agent for his disastrous handling of the entire situation.
  1. Jonathan Armstrong discusses the civil verdict for HP in its case against Autonomy and the Extradition Order delivered by the Home Secretary for Mike Lynch to go to America to stand for a US criminal trial. Armstrong shouts out to Queen Elizabeth II for her 70-year reign on the English throne.
  1. Tom Fox has a melancholy shout out to the University of Michigan School of Law and greater legal education profession, which lost two stalwart professors recently; Yale Kamisar, Father of Miranda and Terrance Sandalow, former Dean of the Law School. 

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
Compliance Into the Weeds

Elon Musk and Tesla Redux

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 return to one of Matt’s favorite topics Elon Musk/Tesla. Some of the issues we consider:

·      What happens when a business is lead by a runaway CEO?

·      Implications of new SEC investigation.

·       State of California investigation into racial discrimination.

·      Where has the Board been all this time?

·      Will the attitude of the SEC regarding enforcement change?

Resources
Matt in Radical Compliance

Categories
Daily Compliance News

February 12, 2022 the Corruption or Sour Grapes Edition


In today’s edition of Daily Compliance News:

  • Corruption at the Olympics or just sour grapes? (YaHooNews)
  • Rio Tinto Chair to review CEO.  (Reuters)
  • Shareholder voices could grow louder under this SEC. (WSJ)
  • Wells Fargo Chief Auditor Passes (Radical Compliance)66
Categories
Daily Compliance News

February 11, 2022 the How to Talk and Eat Edition


In today’s edition of Daily Compliance News:

  • Credit Suisse had more training on how to talk and eat than on compliance. (FT)
  • Rio Tinto and toxic culture.  (Economist)
  • After Clayton tried to decrease whistleblower awards, Gensler widens them. (WSJ)
  • Is Roger Ng a scapegoat, rogue employee or active fraudster. (Reuters)
Categories
Compliance Into the Weeds

Two Obscure Academic Papers and Compliance


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 up two recent academic papers which every compliance practitioner should study as they provide insight about how communications can impact both fraud prevention and compliance. Some of the issues we consider

  • Berger and Lee on state FCA claims cutting overall accounting fraud.
  • Jinjie Lin on SEC tweeting and reduction of SEC violations.
  • What do these communication strategies portend?
  • How can they be used by the compliance professional?
  • Why whistleblowing does more than simply prevent fraud, waste and abuse. Itimproves the bottom line.
  • Investment in communications strategies pays off.

Resources
Matt in Radical Compliance
 

Categories
Daily Compliance News

February 9, 2022 the Tour de Suisse Edition


In today’s edition of Daily Compliance News:
·      Whistleblower practices surge.  (Reuters)
·      More allegations of Chinese trade secret thefts.   (WSJ)
·      What is a ‘Tour de Suisse”? (NYT)
·      Citgo 6 sentences upheld in Venezuela. (Jalopnik)

Categories
ESG Compliance Podcast

Unfolding ESG for Private Investments with Trysha Daskam


Thoughtful evaluation – that’s what Trysha Daskam says about what sets apart Silver Regulatory Associates from other investment firms.
Thoughtful evaluation – that’s what Trysha Daskam says about what sets apart Silver Regulatory Associates from other investment firms.
With her strong foundation in compliance and regulatory expertise, Trysha unpacks the fundamentals, trends, and projections of ESG through the lens of private fund managers.
▶️ Unfolding ESG for Private Investments with Trysha Daskam.
Key points discussed in the episode:
(00:34) Trysha Daskam gives a rundown of her professional background as the managing director and head of ESG strategy in Silver Regulatory Associates.
(01:16) The three distinct services that Silver Regulatory Associates provides and the type of clients they’ve been working with since 2018.
(02:09) The unique ways Silver Regulatory Associates helps firms “shine” in the regulated space. Daskam explains how their firm evaluates managerial decisions through the lens of the investment strategy, putting themselves in their clients’ shoes.
(03:42): ESG programs must be treated with the same cautiousness and prudence as other policies. There should be an emphasis on training members to regulate and execute the program efficiently and properly.
(05:37): Having an ESG program is more than just an idea. Daskam describes how she guides investment firms into putting their strategies to fruition with the correct procedures, monitoring practices, and tools.
(07:28) Different industries are starting to realize the importance of ESG rolling out climate–centered projects and transparent DENI statistics. Financial services are pressured to come into the picture. Daskam predicts 2022 as a hallmark year for regulatory momentum among fund managers.
(09:31) The three key areas of focus for private investment managers in 2022.
(12:44) Greenwashing has become the core of regulatory movements. The U.S. Securities and Exchange Commission sees it as “a major risk in the current marketplace.” The urgent call for established standards to prevent misleading investors with deceptive language continues to intensify.
(14:31) Daskam forecasts a standardization of ESG reporting in the DENI and the FCC in 2022 as two prominent organizations have utilized diversity, equity, and inclusion questionnaires.
(15:54) Fierce competition in the investment space regarding managers putting extra effort in ESG programs and joining meaningful organizations to import outwardly on their climate impact.
(18:08) Comparable data is difficult to find in ESG market participants. But standardization progress is projected for 2022 as the International Finance Reporting Standards Board developed the International Sustainability Standards Board.
(22:38) A more sophisticated marketplace among investment firms is taking place as more players enter to take a slice of the pie.
(25:13) The investment space going into the future.
Trysha Daskam is a seasoned sustainability practitioner with an academic background unique to the industry and manages ESG strategy for investment firms, including the development and implementation of ESG policies, procedures, and internal reporting processes and conducting and overseeing ESG due diligence. Expert in policy writing and implementing regulatory controls, Trysha specializes in interpreting the impact of global regulation on a firm’s ESG program.
Connect: tdaskam@silverreg.com
 
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Do you have a podcast (or do you want to)? Join the only network dedicated to compliance, risk management, and business ethics, the Compliance Podcast Network. For more information, contact Tom Fox at tfox@tfoxlaw.com.

Categories
Daily Compliance News

February 8, 2022 the Ng Trial Begins Edition


In today’s edition of Daily Compliance News:

  • Roger Ng trial jury selection begins. (Reuters)
  • NFL microcosm of country.  (WSJ)
  • Elon Musk and Tesla under SEC scrutiny yet again. (NYT)
  • Ex-Goldman banker settles discrimination suit with fund. (Bloomberg)
Categories
Daily Compliance News

February 2, 2022 the NFL Sued Edition

In today’s edition of Daily Compliance News:

  • SEC flags ESG risks for ratings firms. (Reuters)
  • Former Miami coach sues NFL for racial discrimination.  (WSJ)
  • Alberto Salazar was banned for assault. (NYT)
  • International Anti-Corruption Court? (National Post)