Categories
Compliance Tip of the Day

Compliance Tip of the Day: Internal Reporting and Layoffs

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 look at the always tricky issue of internal reporting, whistleblowers during layoffs.

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: Internal Reporting Outside The US, Part 2

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, I conclude a two-part discussion of steps a company needs to consider for internal reporting in jurisdictions outside the US.

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

Categories
Compliance Into the Weeds

Compliance into The Weeds: Monaco on DOJ Whistleblower Initiative and AI

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 and Matt take a deep dive into a recent speech by Deputy Attorney General Lisa Monaco on the DOJ’s creation of a whistleblower program and compliance oversight of AI.

The Department of Justice Whistleblower Awards Program is a recent development that has prompted considerable discussion due to its possible implications and the potential range of awards. The program, which is designed to protect whistleblowers, raises a number of complex issues, particularly for compliance officers. According to Tom, the program is aligned with those from other regulatory bodies, like the SEC, and is not necessarily groundbreaking. He points out potential limitations in the range of awards and questions the efficiency of the review process.

Matt views the program as a significant, yet familiar, development for compliance officers. He highlights that the program seems to follow an existing trend, rather than pioneering a new approach and points out the need for further clarification on the eligibility criteria and the procedure for issuing awards. Both Fox and Kelly, from their extensive experience in the field, emphasize the program’s potential benefits for whistleblowers seeking protection but concur that there are still many details to be clarified.

Key Highlights:

  • Navigating DOJ Whistleblower Program: Award Dynamics
  • Navigating Compliance in DOJ’s Whistleblower Program
  • Enhancing Criminal Penalties for AI-based Crimes
  • Enforcement Challenges in AI Technology Governance

Resources:

Matt on Radical Compliance

Tom 

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
Daily Compliance News

Daily Compliance News: March 8, 2024 – The DOJ Whistleblower Day 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:

  • The DOJ announces a whistleblower program.  (WSJ)
  • More from DAG Monaco. Changes to ECCP regarding AI. (Compliance Week)
  • The NYT asks for Boeing whistleblowers. (NYT)
  • SEC prepares to be sued for pro- and con-climate reporting rules. (FT)

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

Categories
FCPA Compliance Report

FCPA Compliance Report – Nick Gallo on The Ethics and Compliance Optimization System

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back Nick Gallo, co-CEO at Ethico, to discuss its Ethics and Compliance Optimization System.

Nick Gallo, co-CEO of Ethico, is a seasoned professional with a robust background in ethics and compliance, and a key player in the development and promotion of Ethico’s ethics and compliance optimization system. Gallo’s perspective on the topic of ethics and compliance optimization systems is shaped by his belief in a comprehensive, integrated approach to managing compliance efforts. He sees this system as a next-generation tool that interacts with other data pools, generating more analytics and insights. His experience has led him to advocate for a centralized repository for various types of business information, which can be accessed by compliance teams for better visibility across all data silos within an organization. Gallo also stresses the importance of automation and integration to eliminate manual and repetitive tasks, allowing compliance professionals to focus on more strategic and value-added activities.

 

Key Highlight:

  • Creating a centralized system for streamlining ethics and compliance
  • Why compliance needs a centralized data system for compliance professionals
  • The prevalence of retaliation in organizations
  • Leveraging data for proactive risk mitigation

Resources:

Nick Gallo on LinkedIn

Ethico

Ethics and Compliance Optimization System

Tom Fox

Instagram

Facebook

YouTube

Twitter

LinkedIn

For more information on Ethico and a free White Paper on top compliance issues in 2024, click here.

Categories
Blog

Pre-taliation Protection Extends to Third Parties

The Securities and Exchange Commission (SEC) has been cracking down on companies that engage in pre-taliation, imposing increasing fines. This was evident in the recent case of JP Morgan,  which faced an $18 million sanction for including a pre-taliation clause in their contracts. This enforcement action highlighted companies’ importance in addressing pre-taliation risk by implementing contract language that protects individuals’ rights to report misconduct. Matt Kelly and I recently had the chance to take a deep dive into the decision in a recent episode of Compliance into the Weeds.

Corey Schuster, co-chief of the Asset Management Unit in the SEC Division of Enforcement, said in an SEC Press Release, “Whether retail or otherwise, must be free to report complaints to the SEC without interference. Those drafting or using confidentiality agreements must ensure that they do not include provisions impeding potential whistleblowers.” Gurbir Grewal, Director of the SEC Enforcement Division, added,  “Whether in your employment contracts, settlement agreements or elsewhere, you simply cannot include provisions that prevent individuals from contacting the SEC with evidence of wrongdoing.” Matt noted in his blog post on the case, “SEC enforcement against pre-taliation is not exactly news, since the agency has been filing such cases since 2016 — but until now, those enforcement actions have always been about companies using pre-taliation clauses in contracts with employees. Now we have our first case over pre-taliation against customers — and it came with the biggest pre-taliation fine we’ve ever seen.”

Pre-taliation occurs when a company restricts individuals from speaking out about corporate misconduct to regulators. While previous pre-taliation cases primarily focused on restrictions placed on employees, the JP Morgan securities case marked a significant shift. For the first time, the SEC sanctioned a company for imposing a pre-taliation clause on customers. This expands the range of individuals who may fall victim to pre-taliation and underscores the need for companies to be vigilant in their compliance efforts.

Companies must understand that pre-taliation clauses are problematic, regardless of whether they are included in employment contracts, settlement agreements, or elsewhere. The SEC has clarified that provisions preventing individuals from contacting the SEC with evidence of wrongdoing are unacceptable. Compliance officers must conduct regulatory assessments to understand applicable laws and review contracts for problematic language.

The fines imposed by the SEC for pre-taliation cases have been increasing over time. In the case of JP Morgan securities, the $18 million sanction was the largest fine ever seen for a simple fix. The remediation action required in these cases is relatively straightforward: companies must delete the problematic language from their agreements and inform anyone who signed the old language that they are free to report misconduct to the SEC or any other regulator. While the mechanics of executing this remediation may be challenging for large organizations with contracts stored in different data warehouses, the basic idea remains the same.

It is worth noting that in most pre-taliation cases, companies rarely enforce the pre-taliation clauses. They often become an afterthought, and it is only years later that companies realize their mistake and attempt to rectify it. The SEC’s message is clear: companies must proactively identify and correct problematic language in their contracts to avoid facing significant fines.

The CBRE pre-taliation enforcement action serves as an example of effective remediation practices. CBRE swiftly identified and corrected problematic clauses, updated its code of conduct, and provided training on SEC rules to its compliance team. This proactive approach helped them avoid more severe penalties and garnered praise from the SEC. Here, Kelly noted,

  • Within one month of learning about the SEC investigation, revising all its U.S. severance agreement templates to assure compliance was followed by an audit of similar agreements worldwide, reviewing some 300 templates used by CBRE affiliates in 54 countries.
  • We are updating the CBRE Code of Conduct to add new language against pre-taliation.
  • Training more than 50 members of the compliance team globally on the Rule 21F-17 language added to all relevant templates;
  • They were undertaking a mandatory re-certification process, where more than 100,000 employees worldwide certified that they had reviewed the updated Code of Conduct and attested to their understanding that they were always free to bring concerns to regulators without any advanced notice to CBRE.

Compliance officers face the challenge of balancing various factors when addressing pre-taliation risk. They must consider the impact of state laws, federal whistleblower protection laws, and securities laws that may apply to their company. Conducting a regulatory assessment and thoroughly reviewing contracts can help identify potential areas of concern.

In conclusion, the SEC’s increasing fines for company pre-taliation highlight the importance of compliance and the need for companies to address pre-taliation risk. Companies must eliminate pre-taliation clauses from their contracts and ensure individuals can report misconduct to regulators. Companies can mitigate the risk of facing significant fines and reputational damage by taking proactive measures and conducting thorough assessments.

Categories
Compliance Into the Weeds

Compliance Into The Weeds: Pre-Taliation is Illegal as to All

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 and Matt take a deep dive into the recent SEC enforcement action for pre-taliation against JPMorgan and what it means for whistleblower programs going forward.

The Securities and Exchange Commission (SEC) has been ramping up fines for companies found guilty of retaliation, as evidenced by the recent JP Morgan securities case, which resulted in an $18 million sanction. This development underscores the importance of compliance and the need for companies to protect individuals’ rights to report misconduct. Tom views this as a significant shift, expanding the range of individuals who may be affected by retaliation claims. He predicts a broader legal discussion and increased protection for those who bring claims related to misconduct. Matt emphasizes the need for companies to be proactive in preventing retaliation. He points out that enforcement has been increasing since 2016 and that companies should already be aware that they cannot restrict employees from reporting wrongdoing to the SEC. Join Tom Fox and Matt Kelly as they delve deeper into this topic on the Compliance into the Weeds podcast.

Key Highlights:

  • The underlying facts
  • Expanding Retaliation Risk in Corporate Settings
  • Retaliation Clauses and Whistleblower Protection
  • CBRE’s Swift Remediation Efforts and SEC Settlement

Resources:

Matt on Radical Compliance

 Tom 

Instagram

Facebook

YouTube

Twitter

LinkedIn

Categories
FCPA Compliance Report

Compliance Lessons from Venice – Into The Lion’s Mouth

In Part 3 of this special 3-episode series, we explore how Venice created the first modern hotline and whistleblower reporting system. Whistleblower and hotline reporting systems in compliance programs are crucial tools for organizations, providing a confidential platform for employees to report misconduct. Fox emphasizes the value of using an external hotline system, which offers an additional layer of anonymity and impartiality and can bring specialized expertise that may be difficult to match within an organization.

He also highlights the role of hotlines in collecting detailed information, which can provide greater insight into situations and help protect companies from accusations of negligence or wrongdoing. Fox underscores the need for hotlines to inspire employee confidence, offer on-demand support from subject matter experts, and provide in-built litigation support and avoidance tools. Join Tom Fox in this episode of the Compliance Lessons from Venice podcast to delve deeper into the significance of hotline reporting systems in compliance programs.

Categories
Blog

How Triage and Investigations Can Drive 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 3, we consider why and how having an effective triage for reports and investigations can drive a culture of speaking up in your organization.

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. He is a passionate and determined team player with experience in prospecting and implementing complex global solutions in various industries. Experience working in cross-functional and multi-cultural teams in Canada, the United States, Germany, and India. His specialties include business strategy and development, international management, ethics and compliance, investigation management, and global implementation strategy.

Jakub emphasized the need for organizations to consider the assessment and triage process before receiving complaints or allegations. This proactive approach allows for increased response time and the ability to set realistic stakeholder expectations.

One of the key points highlighted by Jakub is the importance of setting service level agreements (SLAs) to determine response times based on the nature of the allegation. This concept, borrowed from customer service practices, ensures that employees who come forward with complaints or allegations are provided with a clear understanding of the expected timeline for response and communication. By setting these expectations, organizations can foster a culture of open communication and trust.

The triage process is particularly important for multinational companies that operate across different regions. With varying compliance programs and regulations in different countries, having a well-documented process becomes essential. It allows compliance departments to navigate the complexities of compliance programs and investigations, ensuring consistency and adherence to local laws.

Technology also plays a crucial role in establishing effective compliance processes. Jakub points out that many organizations still need efficient documentation and tracking processes. Implementing technology, such as a case management solution, can help establish accountability and defensibility. It allows for establishing clear procedures monitoring performance and provides documentation that can be used to assess the effectiveness of compliance programs.

There is an overriding need for organizations to build accountability and defensibility into their compliance processes. By having a documented triage process and utilizing technology, organizations can ensure that complaints and allegations are handled promptly and consistently. This fosters a culture of speaking up and provides employees with the confidence that their concerns will be taken seriously and addressed promptly.

However, it is important to recognize the tradeoffs in balancing different factors when implementing a triage process and technology in organizational compliance. While efficiency and speed are crucial, organizations must also consider the need for thorough investigations and the protection of employee rights. Striking the right balance requires careful consideration and ongoing evaluation of processes to ensure continuous improvement.

In conclusion, the triage process and technology are vital in promoting a speak-up culture and ensuring organizational compliance. By proactively assessing and triaging complaints and allegations, organizations can increase response time and set realistic expectations for stakeholders. Implementing technology, such as a case management solution, helps establish accountability and defensibility. However, it is important to consider the impact on employee rights and the need for thorough investigations when making decisions about the importance of the triage process and technology in organizational compliance.

Join us tomorrow when we discuss closing the loop by improving your compliance program through a culture of speaking up.

Listen to Jakub Ficner on Innovation in Compliance here.

Categories
Innovation in Compliance

Breaking the Silence: How Speaking Up Enhances Corporate Cultures – Kenneth McCarthy on Non-Retaliation and Protections for Those 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 2, Tom Fox visits with Kenneth McCarthy on the importance of non-retaliation and protections for those who speak up.

Kenneth McCarthy is a seasoned professional with a diverse background in government and entrepreneurship and a wealth of experience in handling whistleblowers, including sexual harassment cases. Kenneth’s perspective on addressing sexual harassment retaliation and encouraging reporting in workplaces is rooted in his belief in the importance of non-retaliation protocols and processes. He emphasizes the need to create a safe and supportive environment for individuals to report concerns, particularly in cases of sexual harassment. Drawing from personal experiences, he has seen the damaging effects of retaliation on individuals’ willingness to speak up and the potential legal and reputational implications for employers who fail to protect whistleblowers. Join Tom Fox and Kenneth McCarthy as they delve deeper into this topic in this episode.

 Key Highlights:

  • Systemic Retaliation in Sexual Harassment Cases
  • Creating a Safe Reporting Environment
  • The Crucial Role of Empowered Bystanders
  • Encouraging Bystanders: Protecting and Supporting Witnesses

Resources:

Kenneth McCarthy on LinkedIn

Integrity by McCarthy

Case IQ