Categories
Upping Your Game

Upping Your Game: Crowd-Sourcing Risk Management Intelligence with AI

In February, the Trump Administration suspended investigations under and enforcement of the FCPA. Many compliance professionals have since wondered what this will mean for corporate compliance programs going forward. Hui Chen challenged compliance professionals with the statement, “It’s time to up your game.”

This podcast series, sponsored by Ethico and co-hosted with Ethico co-CEO Nick Gallo, hopes to meet Hui Chen’s challenge. We will discuss how compliance professionals can ‘Up Their Game’ by utilizing currently existing Generative AI (GenAI) tools to significantly enhance their compliance programs. As compliance professionals, it is critical to recognize that this moment is not merely about incremental improvements but about elevating our profession to an entirely new level of effectiveness, efficiency, and organizational value.

In this episode, hosts Tom Fox and Nick Gallo explore the revolutionary potential of AI for Speak Up Cultures by introducing risk intelligence directly into business operations. They discuss the intricacies of whistleblowing, speak-up culture, and the integral role of AI and machine learning in enhancing compliance programs. They highlight deficiencies in current systems and propose how AI can crowdsource risk intelligence at scale, improve case triage, and facilitate a collaborative environment. Key points include the importance of anonymity, efficient triage, and how AI facilitates communication with employees in their preferred settings. The discussion also explores transforming the culture of compliance into proactive risk management, ultimately driving efficiency, effectiveness, and a better corporate culture.

Key highlights:

  • Deficiencies in Whistleblowing Processes
  • Crowdsourcing Risk Intelligence
  • The Importance of Anonymity and AI in Reporting
  • Engagement and Communication Strategies
  • AI in Triage and Investigation

Resources:

Upping Your Game-How Compliance and Risk Management Move to 2030 and Beyond on Amazon.com

Nick Gallo on LinkedIn

Ethico

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Blog

Empowering Middle Managers: A Compliance Training Guide

A culture where employees feel safe to voice concerns through a speak-up culture is foundational to an ethical and compliant organization. However, fostering this environment is a two-way street; employees must feel encouraged to raise issues and confident that their voices will be heard and respected. Middle managers play a vital role in this process, serving as a bridge between employees and leadership. Training these managers to be effective listeners and supportive leaders is critical to embedding a true speak-up and listen-up culture. Today, I want to provide a comprehensive guide to structuring compliance training for middle managers to empower them in this essential role.

Establishing a Foundation for Openness and Trust

Middle managers are often employees’ first contact when they have questions, suggestions, or concerns. For this reason, the training should prioritize methods to create a welcoming and open environment. Employees are more likely to speak up in a space where psychological safety is present.

Training should focus on helping managers:

  • Set a Positive Tone. Managers can model openness by actively seeking input, acknowledging diverse viewpoints, and demonstrating that they value honest feedback.
  • Practice Respectful Communication. Respect and empathy should be at the core of all interactions. Managers should receive guidance on fostering a culture where positive or critical feedback is welcomed and used constructively.
  • Address Barriers to Speaking Up. Training should include understanding common barriers, such as fear of retaliation or judgment, that might deter employees from sharing their concerns. Managers need to learn techniques to overcome these barriers, assuring employees that feedback is welcomed and issues are handled impartially

Mastering the Art of Active Listening

Active listening is the cornerstone of a listen-up culture. To create a sense of safety and encourage more openness, managers should learn to develop strong listening skills:

  • Concentrate on the Speaker. Active listening involves more than just hearing words; it means being fully engaged and present. Managers should learn techniques to eliminate distractions, maintain eye contact, and show genuine interest in the employee’s concerns.
  • Show Empathy and Support. Employees feel more valued when managers respond with empathy. Compliance training should include exercises to help managers practice empathy in real-time, learn to listen without judgment, and offer support without prematurely reaching conclusions.
  • Utilize Non-Verbal Communication. Body language and facial expressions are powerful communicators. Managers should be trained to become aware of their non-verbal cues, such as maintaining an open posture, nodding, and mirroring, to convey that they are fully engaged and receptive to what the employee shares.

Reinforcing Confidentiality and Non-Retaliation

One of the most significant obstacles to a speak-up culture is the fear of retaliation or breach of confidentiality. Employees need assurance that speaking up will not negatively impact their role or relationships within the company. Training should address these concerns by teaching managers how to:

  • Communicate Non-Retaliation Policies. Emphasize that the organization has a strict non-retaliation policy and that any reports made in good faith will not be used against the employee. Managers should be trained on what this means in practice and how to reiterate this assurance to their team.
  • Model Confidential Handling of Concerns. Managers must understand the importance of discretion and keeping sensitive information within appropriate boundaries. Training should cover practical examples and role-playing exercises to help managers practice discretion when handling real-life scenarios.
  • Know When and How to Escalate. Managers should learn the correct escalation protocols for concerns beyond their control, including when to involve HR, compliance, or other internal functions. This keeps matters within formal channels, allowing for a structured and consistent response to concerns.

Responding to Concerns with Consistency, Integrity, and Fairness

Consistency in handling concerns signals to employees that their voices are valued and treated equally. To encourage this, compliance training should incorporate strategies for managing responses to sensitive issues fairly and respectfully:

  • Role-Playing Scenarios. Managers should engage in simulated situations where they practice responding to different concerns, such as interpersonal conflicts, compliance issues, or ethical dilemmas. By exploring these scenarios, managers can prepare for potential challenges in a controlled environment, making them better equipped to handle real situations confidently.
  • Guided Self-Reflection and Assessments. Managers should regularly evaluate their response styles to ensure they meet company fairness, integrity, and transparency standards. Compliance training can include guided assessments that help managers identify areas for improvement, such as biases or tendencies that may unintentionally affect their responses.
  • Implement Escalation Protocols. Managers must understand that not all concerns can or should be handled independently. Training should include guidance on the importance of escalating certain issues, such as legal or safety concerns, to the compliance department or other designated channels. This structured process ensures consistency, limits liability, and enhances employee trust in it.

Using Feedback Loops to Promote Continuous Improvement

For a speak-up culture to thrive, there should be an ongoing feedback and improvement process. Regular communication and consistent messaging from middle managers are essential to reinforcing this culture:

  • Creating a Culture of Continuous Dialogue. Managers should be encouraged to check in with their teams regularly rather than wait for annual reviews or structured feedback sessions. This open, continuous dialogue builds familiarity and trust, making it easier for employees to speak up when they have concerns.
  • Leveraging Digital Communication Tools. Managers can integrate compliance reminders, policy updates, and reinforcement of ethical standards into digital platforms where employees frequently engage. For example, using intranet channels or corporate social media platforms allows periodic messages, reminders, and success stories to be shared, helping employees internalize compliance messages over time.
  • Self-Assessments for Managers. Incorporate periodic self-assessment exercises, where managers reflect on their actions and impact on the speak-up culture. This can include anonymous feedback from employees, allowing managers to gain insight into their perceptions and identify improvement areas. Regular self-assessments reinforce accountability and ensure that managers remain aligned with the company’s compliance goals.

Instilling the “Listen-Up” Culture in Managerial Training

A listen-up culture goes hand-in-hand with a speak-up culture. For managers to effectively handle the concerns brought forward, they must receive dedicated training on what it means to listen up:

  • Developing Emotional Intelligence. Managers should be trained to be aware of their emotions and biases. Emotional intelligence is crucial in handling sensitive topics, as it allows managers to approach discussions with patience, empathy, and a genuine willingness to understand employees’ perspectives.
  • Creating Safe Spaces in Daily Operations. Rather than waiting for formal review sessions, managers can be trained to set aside dedicated time during team meetings to allow employees to voice questions or concerns. Encouraging open discussions in a safe environment reinforces that the company values and listens to employee feedback on compliance issues.

A Continuous, Proactive Approach to Compliance Culture

By empowering middle managers to build trust, actively listen, and foster an open dialogue, a company can lay the groundwork for a resilient compliance culture. The speak-up and listen-up approach is about avoiding ethical or legal breaches and creating a workplace where employees feel valued and respected, leading to better overall engagement and performance. Compliance training that encourages middle managers to foster this culture of openness is an investment in the company’s ethical foundation and its long-term success. Ultimately, a strong compliance culture is only as robust as those who support and enact it, and middle managers are a critical part of that foundation.

Categories
Great Women in Compliance

Great Women in Compliance: Roxanne Petraeus and Susan Divers on Building a Listen Up Culture

In this episode of Great Women in Compliance, Hemma and Sarah visit with Roxanne Petraeus and Susan Frank Divers to talk about intentionally building a “Listen Up” culture. Tune in to hear the powerful origin stories of two great women in compliance who have been moved to drive significant impact in this space, from enterprising business solutions, to innovative learning and development strategies, to thoughtful approaches to measuring culture and employee sentiment as a measure of success.

Highlights include the ways in which listening builds trust, how to measure impact, not activity, how to achieve integrated risk management, how to design your employee training with employee experience and employee sentiment in mind, and despite our aspirational claims to be building a strong speak up culture, how our employees will always be the actual arbiter of our success.

You can learn more about Roxanne and Susan’s work at www.ethena.com.

Biographies:

Roxanne Petraeus is the CEO and Co-Founder of Ethena, a compliance training platform startup with intuitive and powerful admin tools that make required training easy, engaging, and effective.

Roxanne previously consulted for McKinsey, and before that, she was an officer in the US Army. She found that no matter the setting, whether consulting or in the military, there remained an opportunity to make compliance training better. She started Ethena in 2019 with Co-Founder Anne Solmssen.

Ethena enjoys incredibly positive word of mouth within the HR community, and is trusted by thousands of companies like Figma, Notion, Noom, Pinterest, and Carta to provide actionable training. And the employees love it: Ethena has a 93% positive rating, and over 2M positive reviews. Roxanne is a natural leader, and her eagerness to question and reinvent old paradigms is at the heart of Ethena’s ascendance.

Susan Frank Divers serves as an advisor to Ethena, Inc., an all-in-one compliance training platform that helps companies create more ethical and inclusive work cultures. Prior to joining Ethena, she was the director of thought leadership and best practices for LRN Corporation for seven years.

She has 30+ years’ accomplishments and experience in the ethics and compliance arena. This expertise includes building state-of-the-art compliance and training programs, designing user-friendly means of engaging and informing employees, fostering an embedded culture of compliance, and sharing substantial subject matter expertise in anti-corruption, export controls, sanctions, and other key areas of compliance.

Prior to joining LRN, Ms. Divers served as AECOM’s Assistant General for Global Ethics & Compliance and Chief Ethics & Compliance Officer. Under her leadership, AECOM’s ethics and compliance program garnered six external awards in recognition of its effectiveness and Ms. Divers’ thought leadership in the ethics field. In 2011, Ms. Divers received the AECOM CEO Award of Excellence, which recognized her work in advancing the company’s ethics and compliance program.

#GWIC is proud to announce that it has been nominated for the WomenInPodcastAwards.  This is a people’s choice award and whether you vote for #GWIC or other nominees, we ask that you send the elevator back down by voting. Voting opens August 1, 2024, and details can be found on the #GWIC LinkedIn page at http://www.linkedin.com/groups/12156164

Resources:

Join the Great Women in Compliance community on LinkedIn here.

Categories
Compliance Tip of the Day

Compliance Tip of the Day: How a Culture of Speak Up Improves Corporate Culture

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law.

Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this episode, we explore how a culture of speaking up improves corporate culture.

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

Categories
Compliance Tip of the Day

Compliance Tip of the Day: The ROI of a Culture of Speak Up

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law.

Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this episode, we explore the ROI of a speak-up culture.

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

Categories
Compliance Tip of the Day

Compliance Tip of the Day: Benefits of a Speak Up Culture

Welcome to “Compliance Tip of the Day,” the podcast where we bring you daily insights and practical advice on navigating the ever-evolving landscape of compliance and regulatory requirements.

Whether you’re a seasoned compliance professional or just starting your journey, our aim is to provide you with bite-sized, actionable tips to help you stay on top of your compliance game.

Join us as we explore the latest industry trends, share best practices, and demystify complex compliance issues to keep your organization on the right side of the law. Tune in daily for your dose of compliance wisdom, and let’s make compliance a little less daunting, one tip at a time.

In this episode, we discuss some of the benefits of a culture of speak up and reporting

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

Categories
31 Days to More Effective Compliance Programs

One Month to a More Effective Compliance Program Through Culture – Day 15 – The ROI of a Culture of Speak Up

We are now at a place where there is sufficient data, academic research, and actual use cases from corporations and businesses that demonstrate good ethics and compliance programs are not simply good for business but when properly used, they lead to greater profitability.

For 15 years, Ethisphere has been collecting data around its World’s Most Ethical Company awards. Companies that receive this designation have been found to outperform their peers on various stock indices. Ethisphere calls this the “Ethics Premium.” Ethisphere Executive Vice President (EVP) Erica Salmon Byrne has noted, “In tracking how the stock prices of publicly traded honorees compare to the U.S. Large Cap Index, we found that listed World’s Most Ethical Companies outperformed the large cap sector.” In 2010 that number was a delta of 4.5%. Yet by 2020, that number had skyrocketed to 13.5%. Clearly, Ethisphere has been on to something.

Academic research has also shown the efficacy of ethics and compliance programs. George Serafeim and Paul M. Healy demonstrated in their paper, An Analysis of Firm’s Self-Reported Anti-Corruption Efforts, that companies with robust compliance programs do better financially in countries prone to corruption than companies with less effective compliance programs. Without a robust compliance program, even with high sales in a high-risk country, the sales will drop off and lead to a negative Return on Equity (ROE) of between 24% to 30%.

Dr. Kyle Welch, Assistant Professor at George Washington University (GWU), in his paper, co-authored with Stephen Stubben, Associate Professor from The University of Utah, entitled “Evidence on the Use and Efficacy of Internal Whistleblowing Systems” (Report). In this paper, Welch and Stubben reviewed some 15 years of anonymized data from NAVEX Global, Inc. This data was from the company’s hotline reporting systems. Some of the key findings included that companies with a robust whistleblower and reporting system had greater profitability and workforce productivity as measured by Return on Assets (ROA) there were fewer material lawsuits brought against the company overall and there were lower settlement costs if a lawsuit did occur. Finally, there were fewer external whistleblower reports to regulatory agencies and other authorities.

 Three key takeaways:

1. It’s not simply speaking up, it’s a culture of speaking up.

2. Companies with speak-up culture, have a material reduction in legal fines and penalties.

3. Use Companies with a speak-up culture, to have a higher ROI.

Do you want to improve your culture? How can you assess your culture and develop a strategy to improve it going forward? In this free webinar on the new tool, The Culture Audit with Tom Fox and Sam Silverstein on Tuesday, November 28, 12 CT. For more information and registration, click here.

Categories
Innovation in Compliance

Breaking the Silence: How Speaking Up Enhances Corporate Cultures – Tom Fox on the ROI of a Speak Up Culture

Welcome to a special five-part podcast series on enhancing corporate culture through a great speak-up regime. This podcast series is sponsored by Case IQ. Over this series, Tom Fox will visit with Sharlyn Lauby, Jakub Ficner, Kenneth McCarthy, and Meric Bloch on the different facets of a great speak-up regime and how each of those facets will improve your corporate culture. They will tackle such topics as the indicia of a great corporate culture, the importance of triage and internal investigations in improving corporate culture, non-retaliation and protections for those who speak up, tying your entire system of speaking up to improving culture, and conclude with some thoughts on how an entire system of speaking up drives corporate culture to be better run and, at the end of the day, more profitably. In this concluding Part 5, Tom Fox discusses the ROI of a true culture of speaking up.

Strong reporting systems and a robust corporate culture must be balanced in business efficiency. One great academic paper demonstrates how companies with robust whistleblower and reporting systems enjoy greater profitability, increased workforce productivity, and fewer material lawsuits. Tom has seen firsthand the transformative power of a culture of speaking up. He emphasizes that it’s about having a hotline and an entire system with employee engagement. This culture of ‘SpeakUp’ can provide actionable information to prevent, detect, and remediate issues before they become legal violations and can contribute to a functioning and ethical corporate culture. A culture of trust and empowerment ultimately leads to motivated employees who can contribute to business efficiency and greater profitability. Join Tom Fox on this Breaking the Silence: How Speaking Up Enhances Corporate Culture podcast episode to delve deeper into this fascinating topic.

Key Highlights:

  • Academic research
  • Q2C and P2P
  • Material differences

Resources:

Case IQ

Categories
Blog

Improving Your Compliance Program Through a Culture of Speak Up

I recently concluded a podcast series with Case IQ. Over this series, I visited with Sharlyn Lauby, Jakub Ficner, Kenneth McCarthy, and Meric Bloch on the different facets of a great speak-up regime and how each of those facets will improve your corporate culture. We tackled such topics as the indicia of a great corporate culture, the importance of triage and internal investigations in improving corporate culture, non-retaliation and protections for those who speak up, tying your entire system of speaking up to improving culture, and will conclude with some thoughts on how an entire system of speaking up drives corporate culture to be better run and more profitably. This blog post series will expand on these topics. In Part 4, we will consider how to improve your overall compliance program through a robust culture of speaking up with Meric Bloch.

Meric Bloch is passionate about investigations. Meric created the Winter Method® for conducting workplace investigations, a methodology emphasizing root-cause analysis and business-related guidance. The Winter Method is a framework for investigators to consider the business risks created when misconduct arises. He designed, implemented, and managed workplace-investigations processes globally for three multinational companies and a healthcare system. He has trained thousands of HR, internal audit, legal, and compliance professionals to conduct investigations.

Meric has conducted over 800 internal fraud and serious workplace misconduct investigations globally. He has extensive professional experience counseling business executives on the legal and business issues arising from investigations. He is on the faculty of the Society of Corporate Investigations and Ethics’ Investigations and Ethics Academy, as well as a member of its Board of Directors. Finally, Meric is a Certified Fraud Examiner, a Certified Financial Crime Specialist, a Certified Information Privacy Professional – Europe, a Professional Certified Investigator, and a Certified Compliance and Ethics Professional-Fellow.

Workplace investigations are crucial in maintaining a culture of compliance within organizations. Meric, who specializes in training investigators and improving investigation processes, emphasized the need for organizations to create a culture where employees feel comfortable reporting issues and understand their role. He highlighted the challenge of integrating a culture of speaking up within organizations, stating that it goes beyond just setting up a hotline and establishing policies. Instead, organizations need to understand who is speaking up and why.

One of the key points raised by Meric is the importance of making speaking up meaningful and credible. He pointed out that companies often must communicate what should be reported, leading to employee clarity. To address this, organizations need to go beyond generic statements and provide specific guidance on what constitutes a reportable issue. By doing so, employees will better understand their role and the importance of their contribution to maintaining compliance.

Another challenge highlighted by Meric is the need for follow-up interviews and reporter education. He stressed the need for organizations to engage with reporters and gather additional information to understand better the context and potential gaps in the initial report. This not only helps in conducting thorough investigations but also ensures that reporters feel valued and supported throughout the process.

Meric also discussed the importance of addressing friction points within organizations. He mentioned that employees often hesitate to speak up due to concerns about the involvement of headquarters or fear of retaliation. Organizations must actively address these concerns and create an environment where employees feel safe and supported when reporting issues.

Organizations must move beyond passive measures such as hotlines and policies to create a culture of speaking up. They must actively engage with employees, educate them about their role in the process, and provide clear guidance on what should be reported. By doing so, organizations can foster a culture of compliance where employees feel empowered to speak up and contribute to maintaining ethical standards.

The podcast episode highlighted the importance of workplace investigations and employee compliance culture. It emphasized the need for organizations to go beyond superficial measures and actively engage with employees to create a meaningful and credible reporting system. Organizations can build a culture that values integrity and ethical behavior by addressing the challenges associated with speaking up and maintaining compliance.

Join us tomorrow to discuss how a robust culture of speaking up will make your organization run better and have greater profitability.

Listen to Meric Bloch on Innovation in Compliance here.

Categories
Innovation in Compliance

Breaking the Silence: How Speaking Up Enhances Corporate Cultures – Jakub Ficner on How Triage and Investigations Can Drive a Culture of Speak Up

Welcome to a special five-part podcast series on enhancing corporate culture through a great speak-up regime. This podcast series is sponsored by Case IQ. Over this series, Tom Fox will visit with Sharlyn Lauby, Jakub Ficner, Kenneth McCarthy, and Meric Bloch on the different facets of a great speak-up regime and how each of those facets will improve your corporate culture. They will tackle such topics as the indicia of a great corporate culture, the importance of triage and internal investigations in improving corporate culture, non-retaliation and protections for those who speak up, tying your entire system of speaking up to improving culture, and conclude with some thoughts on how an entire system of speaking up drives corporate culture to be better run and, at the end of the day, more profitably. In Part 3, Tom Fox visits with Jakub Ficner on the importance of your triage protocol and investigative process to foster a culture of speaking up.

Jakub Ficner has over 15 years of experience in the internal investigative space and is currently the Director of Partnership Development at Case IQ. He strongly advocates for the importance of the triage process and technology in organizational compliance. Jakub emphasizes the need for a rigorous reporting, triage, and investigation process, even before receiving a complaint or allegation. He believes that effective means of documenting and tracking investigative processes are crucial for establishing accountability and defensibility in compliance processes. Drawing from his extensive experience, Jakub highlights the significance of having a documented process, especially for multinational companies with compliance officers in various regions. He recommends using technology, such as a case management solution, to ensure accountability, defensibility, and easy information retrieval. Join Tom Fox and Jakub Ficner on this episode as they delve deeper into these topics of triage and investigations.

 Key Highlights:

  • The importance of effective triage
  • Improving Response Time and Setting Expectations
  • Effective Compliance Documentation and Tracking
  • Using Technology to Establish Accountability and Defensibility

Resources:

Jakub Ficner on LinkedIn

Case IQ