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Compliance Into the Weeds

Compliance into the Weeds: Pre – taliation Illegality- from Employment Contracts to All Contracts

The award winning, 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. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds!

In this episode, Tom Fox and Matt Kelly take a deep dive into the recent SEC enforcement actions against several companies for pre-taliation clauses and related illegal intent.

Our conversation discusses recent enforcement actions by the SEC sanctioned against seven companies for a total of $3 million in civil penalties. The main issue was that these contracts required employees to forfeit any right to whistleblower awards if they reported misconduct to regulators. The conversation explores the legality of these contract clauses and the chilling effect they have on potential whistleblowers. Tom and Matt also discuss the challenges of remediation and the need for a comprehensive approach to address retaliatory clauses in all types of contracts.

Key Highlights:

  • SEC Enforcement Actions on Pre-Retaliation Language
  • The Illegality of Pre-Retaliation Clauses
  • Addressing Pre-Retaliation Clauses: Remediation Challenges
  • Expanding the Focus: From Employment Contracts to All Contracts

Resources:

Matt in Radical Compliance

Tom 

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10 For 10

10 For 10: Top Compliance Stories For The Week Ending September 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 to you, the compliance professional, the compliance stories you need to be aware of to end your busy week. Sit back, and in 10 minutes, hear about the stories every compliance professional should be aware of 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.

  • A Nigerian tech boss fined $250MM for a fictional company. (FT)
  • 7 people have died from a listeria outbreak so far. (NYT)
  • How much did Stewart Health Care pay its agent? (OCCRP)
  • The former VW chief goes to trial for the emissions testing scandal. (NYT)
  • HP to go after Lynch’s widow. (Reuters)
  • Another round of SEC enforcement actions for off-channel comms. (WSJ)
  • Corruption pushing Africans to immigrate. (Al Jazeera)
  • ENRC seeks $290MM from SFO for a botched investigation. (WSJ)
  • Did BoA share non-public information with investors? (WSJ)
  • Biden to block Japanese takeover of US Steel. (Bloomberg)

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.

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Daily Compliance News

Daily Compliance News: September 5, 2024 – The Botched Investigation 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 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.

In today’s edition of Daily Compliance News:

  • ENRC seeks $290MM from SFO for a botched investigation. (WSJ)
  • Another round of SEC enforcement actions for off-channel communications.  (WSJ)
  • Biden to block Japanese takeover of US Steel. (Bloomberg)
  • Corruption pushing Africans to immigrate. (Al Jazeera)

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

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Daily Compliance News

Daily Compliance News: September 3, 2024 – The Fictional Company 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 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.

In today’s edition of Daily Compliance News:

  • A Nigerian tech boss fined $250MM for a fictional company. (FT)
  • How much did Stewart Health Care pay its agent? (OCCRP)
  • 9 people have died from a listeria outbreak, so far. (NYT)
  • HP to go after Lynch’s widow. (Reuters)

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

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10 For 10

10 For 10: Top Compliance Stories For The Week Ending August 24, 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 to you, the compliance professional, the compliance stories you need to be aware of to end your busy week. Sit back, and in 10 minutes, hear about the stories every compliance professional should be aware of 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.

  • Corruption in the OIG? (The Hill)
  • Menendez resigns from the Senate. (AP)
  • Putin was shocked to find corruption in Russia. (Newsweek)
  • SEC censorship? (FT)
  • What to do about workplace assassins? (NYT)
  • Santos pleads guilty.  (WSJ)
  • TD Bank reserves $2.6 billion for the AML fine.  (WSJ)
  • An ex-Vitol trader pleads guilty. (Law360)
  • Mike Lynch’s body was found. (FT)
  • Michael Lewis issues mea culpa on SBF. (WaPo)

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

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

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Daily Compliance News

Daily Compliance News: August 20, 2024 – The No ‘X’ in Brazil 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 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.

In today’s edition of Daily Compliance News:

  • X suspends business in Brazil. (BBC)
  • State AGs seek triple damages against Live Nation. (Reuters)
  • Carl Icahn agrees to a $2 million SEC fine. (NYT)
  • Does the IRS even want whistleblowers? (WaPo)

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

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Corruption, Crime and Compliance

Deep Dive into The SEC’s Settlement with R&R Donnelly on Cybersecurity Controls

How does the SEC’s recent settlement with R.R. Donnelly & Sons Company impact internal controls for cybersecurity incidents?

In this episode of Corruption, Crime, and Compliance, Michael Volkov discusses a significant decision by the SEC involving a $2.1 million settlement with RR Donnelly & Sons Company (RRD) related to a 2021 ransomware attack.

The SEC’s decision marks the first time it has applied its internal controls enforcement authority to cover cybersecurity policies and procedures, representing a substantial expansion of its enforcement reach.

The SEC criticized RRD for failing to prioritize the review of security alerts and implement an effective workflow for escalating such reports. This oversight led to delayed detection and response to the cyber attack, during which hackers exfiltrated 70 gigabytes of data, including personal and financial information tied to 29 clients.

You’ll hear him talk about:

  • The importance of robust internal controls to ensure prompt investigation and escalation of potential cybersecurity incidents.
  • The need for companies to allocate sufficient resources and personnel to monitor and respond to third-party security alerts.
  • The SEC’s critique of RRD’s internal incident response policies, particularly the lack of clear lines of responsibility and efficient workflows.
  • The dissenting opinions within the SEC regarding the broad application of internal controls to cybersecurity, highlight the need for specific guidance on reasonable cybersecurity controls.

Resources:

Michael Volkov on LinkedIn | Twitter

The Volkov Law Group

SEC settlement

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Great Women in Compliance

Great Women in Compliance: Jane Norberg – What’s New with Whistleblowing

In today’s episode, Lisa Fine speaks with Jane Norberg, a partner at Arnold & Porter. Jane is also the former Chief of the Office of the Whistleblower at the SEC, and she is one of the people who built that office into what it is today, both as Chief and before that, Deputy Chief. She is one of the leading voices on the whistleblower process, and an advisor to organizations in building best practices for organizations to address concerns.

In March, Deputy Attorney General Lisa Monaco announced a pilot program to compensate whistleblowers who report “significant corporate or financial misconduct” of which the DOJ was not aware. Jane talks about the SEC program and how it has succeeded. She also explains the similarities and differences between the not-yet-enacted DOJ program and the SEC program. Jane provides her perspective and insight as to why she thinks there is a delay from the DOJ as the initial 90 days have passed and how funding, staffing and other factors may contribute.

Jane and Lisa also discuss the SEC reporting process, how tips come in globally from over 100 countries, and the importance of the Whistleblower program to deter and stop wrongdoing.  This goes along with the statistics that indicate that 80% of whistleblowers raise concerns internally, most frequently to the person’s manager most often go to management, not to the Ethics and Compliance teams or the helplines. To that end, Jane provides practical advice to make sure that E&C teams are providing the right training for managers to identify issues and raise them appropriately.

Supporting ethical decision-making is critical for every organization, but providing training to those who may hear concerns is a key component of that. While practitioners think about this for company culture, Jane provides insight on the larger picture of how our internal work is related to the larger scope of whistleblower reporting.

Topics Include:

  • Jane’s integral role as Chief of the SEC Office of the Whistleblower
  • The DOJ pilot whistleblower program and the SEC program and the distinctions
  • Global Impact of the SEC Whistleblower Program
  • Practical advice for E&C professionals building and managing hotlines

Resources

Join the Great Women in Compliance community on LinkedIn here.

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Compliance Into the Weeds

Compliance into the Weeds: Major Cybersecurity Incidents and Regulatory Challenges

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 more fully explore a subject.

Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds!

In this episode, Tom Fox and Matt Kelly take a deep dive into the dismissal of the SEC’s enforcement action against Solar Winds and CrowdStrike cybersecurity failures.

Tom and Matt begin with UnitedHealth’s costly ransomware attack, a federal judge’s ruling against the SEC’s lawsuit over SolarWinds’ cybersecurity practices, and CrowdStrike’s flawed software update impacting global corporations.

The episode explores the regulatory challenges of enforcing effective cybersecurity controls and the implications for companies and their compliance programs. The discussion highlights the need for better IT general controls and the role of different stakeholders, including Congress, regulatory agencies, and audit firms, in addressing these cybersecurity risks.

Key Highlights:

  • UnitedHealth Ransomware Attack Breakdown
  • SolarWinds Cybersecurity Lawsuit
  • Regulatory Challenges and Implications
  • Operational Risk Management and IT Controls
  • Call to Action for Compliance and Audit Professionals

Resources:

Matt on Radical Compliance

Tom 

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10 For 10

10 For 10: Top Compliance Stories For The Week Ending July 20, 2024

Welcome to 10 For 10, the podcast which brings you the week’s Top 10 compliance stories in one podcast each week. Tom Fox, the Voice of Compliance brings to you, the compliance professional, the compliance stories you need to be aware of to end your busy week. Sit back, and in 10 minutes hear about the stories every compliance professional should be aware of 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.

  • Does Amazon Prime Day cause injuries?   (WaPo)
  • Deutsch Bank flouted accounting rules. (FT)
  • Senator Robert Menendez is guilty.  (WSJ)
  • Carlos Watson was found guilty. (Bloomberg)
  • The mayor of Venice is under investigation for corruption.   (ABCNews)
  • An ex-Goldman banker pleads not guilty to bribery and corruption charges.   (WSJ)
  • Nigeria refuses to release Binance compliance professionals. (Bloomberg)
  • The judge tosses the SEC suit against Solar Winds. (Law360)
  • A Chinese tycoon was convicted of fraud in US.   (BBC)
  • An ex-Segantii Capital Management employee was alleged to be accused of ‘disreputable conduct’. (FT)

For more information on the Ethico ROI Calculator and a free White Paper on the ROI of Compliance, click here.

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

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