Compliance Perspectives show

Compliance Perspectives

Summary: Podcast featuring the top Compliance and Ethics thought leaders from around the globe. The Society of Corporate Compliance and Ethics and the Health Care Compliance Association will keep you up to date on enforcement trends, current events, and best practices in the compliance and ethics arena. To submit ideas and questions, please email: service@corporatecompliance.org

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  • Artist: SCCE
  • Copyright: Society of Corporate Compliance & Ethics

Podcasts:

 Chris Bohjalian on Good and Bad People in Fiction and What We Can Learn From Them [Podcast] | File Type: audio/mpeg | Duration: 14:24

By Adam Turteltaub adam.turteltaub@corporatecompliance.org Editor’s Note:  Chris Bohjalian’s latest novel The Flight Attendant just made the NY Times Bestseller List.  We are sharing his October 2017 podcast with us again in case you missed it.  We hope you enjoy his perspective on ethics in fiction and in real life. One of the stranger things in compliance and ethics is that if you sit people down for compliance and ethics training, they tend to issue at a minimum a silent groan.  Yet, those same people will happily sit down with a novel where the protagonist is wrestling between right and wrong. There is much that can be learned from the ability of novels, as well as TV and movies, to help us learn about right and wrong.  This media can also teach us a great deal about how we react when we see others behaving badly. To explore this issue I sat down for a podcast with Chris Bohjalian, whose book Midwives was selected for Oprah’s Book Club.  His novel The Sleepwalker was just released in paperback, and in March 2018 (not 2019 like I said in the interview) his newest book, The Flight Attendant, arrives. Listen in to the podcast as we discuss: * The human fascination with moral ambiguity and people who do the wrong thing * Our fascination with how good people can do the wrong thing and the recognition that we easily could make moral mistakes * The influence of television, movies and books on whom we see as good and evil * Our discomfort with people who are “too good” * What Tony Soprano and Don Draper have done to our perception of what people will tolerate * The notion that “it’s only business, nothing personal” and the problems that may create * The cover up being worse than the crime and the value of stopping problems when they are small * Why people welcome ethical dilemmas, and right and wrong in novels, films and TV, but not when it is a part of training

 Hossam El Shaffei on Compliance in the Middle East [Podcast] | File Type: audio/mpeg | Duration: 11:50

By Adam Turteltaub adam.turteltaub@corporatecompliance.org Hossam El Shaffei from RSM Consulting is an expert on doing business in the Middle East.  An Egyptian by birth, he has worked throughout the region and currently calls Jordan his home (not Lebanon as I mistakenly said on the podcast). We met in Abu Dhabi at the ACFE regional conference there, and his insights were deep and plentiful.  He agreed to share them in this podcast.  Listen in as he explains: * It is important to realize that there is no one culture in the region, but many * Things like baksheesh, the giving of gifts, is common but has risen from a voluntary gift for helping you to an outright bribe that is often considered required * Tribal cultures and family-owned businesses are much more common * Sanctions are a particular risk since they are not consistently followed * Tone at the top is critical * Whistleblowing is a challenge in the Middle East, as it is elsewhere, including protection against retaliation.

 Frank Brown on the Changing Global Compliance Environment [Podcast] | File Type: audio/mpeg | Duration: 12:51

By Adam Turteltaub adam.turteltaub@corporatecompliance.org The world is often a difficult place in which to do business.  Many countries lack the rule of law, are corrupt, and make it hard for a company to do business and to do so lawfully and ethically. The Center for International Private Enterprise (CIPE) is trying to make a difference.  Its mission is to strengthen “…democracy around the globe through private enterprise and market-oriented reform.”  That mission puts them on the forefront of the fight against corruption. In this podcast, Frank Brown, the Director of the Anti-Corruption and Governance Center at CIPE, provides an overview of the Center for International Private Enterprise and its work outside the US. The podcast shares some notable progress.  As he explains, there is a very strong anti-corruption wave in Indonesia, and the KPK, the anti-corruption authority there, has had a 100% conviction rate.  In so doing, it has become a model for much of the world. In this far-ranging conversation he discusses: * The traction ISO 37001 is gaining in some countries, but not others * Due to the new French anti-corruption law, a very specific approach to how state-owned enterprises should act is starting to spread * Some mid-sized firms are not always motivated to change their behavior because they may not see the benefits of an anti-corruption compliance program because they feel that they are not likely to be prosecuted

 Robert Bond on the European General Data Protection Regulation [Podcast] | File Type: audio/mpeg | Duration: 11:10

By Adam Turteltaub adam.turteltaub@corporatecompliance.org The EU’s new General Data Protection Regulation (GDPR) is due to come into effect on May 25, 2018, and it is a game changer for companies in Europe and around the world. Robert Bond, a member of the board of the Society of Corporate Compliance and Ethics and Health Care Compliance Association, and a partner at the law firm of Bristows in London, explains that it is a different regime since it applies both to controllers of data and the processors who manage the data. Notably, the new GDPR is also extraterritorial, applying to businesses in non-EU countries if they are handling the data of EU citizens.  Companies in the US, accustomed to dealing with US requirements and having privacy policies based on US laws, may be in for a bit of a shock and will need to do some work to see how their policies measure up to this new, higher bar. As Robert explains in the podcast, to start complying, companies need to understand the who, what, when, why, where and how of what data they are collecting, as well as what data they already have.  In addition, the more sensitive the data, the higher the ante in terms of complying. Costs for non-compliance can be as high as 4% of global avenue revenues.  Plus, class action law suits are likely to occur, and under the law only need to prove emotional distress, not actual financial loss. Listen in to learn more, including what companies need to do first to begin complying with the new GDPR.

 Leigh Faugust on Root Cause Analysis [Podcast] | File Type: audio/mpeg | Duration: 14:15

By Adam Turteltaub adam.turteltaub@corporatecompliance.org “Root cause analysis” is an oft-used phrase in compliance, but what is it in practice?  In this podcast, Leigh Faugust, Counsel at the North American Electric Reliability Corporation (NERC) brings insight into what root cause analysis is and how to do it properly. She explains that * Root cause analysis looks at what happened, why it happened and should it have happened * Getting to the root cause uses iterative digging: asking a “why” question over and over again until you get to something that you can fix * Generally, five why questions are enough to identify the controls you need to make sure you can get to and fix what went wrong * One key to success is to put together a team of subject matter experts to help you identify what happened * Once there is a clear picture of the problem can start figuring out why it happened * Having a good report writer is essential to help ensure support of the change * Identifying a problem as human error is really the start, not the end Listen in and better understand how to get to the roots of your compliance challenges.

 Jeff Williams on Transition from Accounting and Audit to Compliance [Podcast] | File Type: audio/mpeg | Duration: 7:12

By Adam Turteltaub adam.turteltaub@corporatecompliance.org Jeff Williams works now as a compliance director, but before that, he had been working in accounting with experience in external audit. He was no stranger to the world of compliance, but, as he notes, there’s a huge difference once you move into the role. In this podcast he shares his experience and what an accountant or auditor considering a role in compliance should know. Listen in as he discusses the working understanding he had of compliance going in.  He rightly understood the job to be about creating internal controls, managing risk, teaching the workforce, building trust and serving as a go-to resource.  Once he got into the job, though, he was met by some surprises, including how dreaded an appearance from the compliance officer could be. He addresses how he learned the new role, and how it’s important to make sure others understand that compliance officers are human beings who are there to listen to and support the business team. From a skills perspective, he shares that an accounting background is a great asset since it provides experience in looking for consistency in controls and understanding what the controls to be. But, there are adjustments to be made such as working on a much smaller team. This podcast is a valuable asset for anyone from accounting looking to make the leap into compliance, and for compliance officers adding someone with an accounting or audit background to their team.

 Pyter Stradioto on the Changing Compliance Environment in Brazil [Podcast] | File Type: audio/mpeg | Duration: 13:00

By Adam Turteltaub adam.turteltaub@corporatecompliance.org Looking at the corruption prosecutions in Brazil, it may easy to be discouraged about the chances of operating a business compliantly there. But, that would be a mistake. Pyter Stradioto, Latin America Legal, Compliance and Government Relations Director for Samsung sees this as an asset. According to Pyter, prosecutions in Brazil have demonstrated that the institutions are growing stronger, which is a positive development for the business community. There is now a wave, Pyter reports, demanding a better business environment, particularly in the corruption arena. As a result, companies are in the midst of a massive investment in compliance and ethics programs. Business is recognizing that it needs a better risk management approach, and that includes areas other than anti-corruption. Brazil, for example, is very aggressive in enforcement of labor, environmental, and consumer law (especially data protection and privacy). Listen in for a frontline view from an experienced compliance officer in Brazil.

 Charly Shugg on Compliance & Ethics Lessons from the Military [Podcast] | File Type: audio/mpeg | Duration: 19:57

By Adam Turteltaub adam.turteltaub@corporatecompliance.org There is a great deal of discussion in the compliance community about the impact that pressure has on decision making.  Studies show that under pressure people are likely to make poor decisions and often grow more superstitious and less rational.  That’s difficult for a compliance and ethics program to manage in a business setting. Imagine the added complexity for the military where decisions of life and death are made under extraordinary demands. Charly Shugg (cshugg@usinfosec.com) is currently a partner at the cyber security firm Sylint.  Notably, he is a retired Brigadier General in the US Air Force and a graduate of the Air Force Academy.   In this conversation, he shares how the military has made compliance and ethics a part of training and day-to-day life.  He also shares his perspectives on the importance of providing real-life examples, creating the right code of conduct and core values, and getting learning from ethics and compliance failures. Listen in to gain the benefit of his wisdom.

 Mark Allenbaugh on North Korean Supply Chain Risk [Podcast] | File Type: audio/mpeg | Duration: 10:09

By Adam Turteltaub adam.turteltaub@corporatecompliance.org Your IT department needs some code written for the website, or maybe for handling an inventory management issue.  So, they go online to one of the sites for finding coding talent, and hire a firm.  Believe it or not, there’s a chance that the person writing the code could be North Korean, and that could put your organization at substantial risk, both in legal and reputational terms. Mark Allenbaugh is a trade consultant for companies doing business in China, and he warns that North Korean programmers living in China may be doing coding for your company.  Either your IT manager doesn’t realize that the person is North Korean, or a company your firm hires in, for example, Germany, subcontracts the work out to Chinese firm, which uses North Korean workers. It’s a scary prospect, but there is some good news:  North Korean programmers often leave a digital fingerprint. Listen in to learn more about this risk and what you should do to avoid it.

 Lance Lanciault on Culture [Podcast] | File Type: audio/mpeg | Duration: 10:31

By Adam Turteltaub adam.turteltaub@corporatecompliance.org When we think of Walmart, we tend to think of big box stores with an elderly greeter at the door, but Walmart is also a huge player in the e-commerce world.  The company forecasted over $11 billion in online sales in 2017. With those sales comes a team based in Silicon Valley, including a compliance team.  Lance Lanciault, Senior Vice President, Chief Ethics and Compliance Officer for US eCommerce for Walmart, was good enough to talk with us about how their compliance program is structured, and some of the challenges he and the company faces. Listen in for a far-reaching discussion covering: * Creating common values across multiple cultures * Managing expectations for the compliance program during and after an acquisition * The importance of recognizing the distinction between cultures and values, and the importance of finding common values

 Dale Skivington and Page Motes on Compliance, Ethics, Mergers and Acquisitions [Podcast] | File Type: audio/mpeg | Duration: 15:02

By Adam Turteltaub adam.turteltaub@corporatecompliance.org It is generally reported that about half of all mergers and acquisitions fail on culture issues.  It’s also well known in the compliance community that the integration of two companies is often fraught with risk.  What is okay in one company may not be okay behavior in another.  Plus, in the chaos of change, there is great danger if the compliance controls get lost in the shuffle. In 2016 Dell Technologies completed its acquisition of EMC Corporation, which virtually doubled the company’s numbers of employees. In this podcast two members of the Global Ethics & Compliance Team – Dale Skivington, Vice President of Compliance, and Page Motes, Director of the Strategic Programs Office — share how Dell made the integration work.  They recount the experience Dell had from past integrations as well as some of the specifics that went into this very large undertaking.  Listen in and enjoy some key takeaways including: * The importance of making the compliance integration part of the broader integration program * The need to communicate frequently, regularly and in a structured way * The role that key strategic milestones played * How setting key actions items to the milestones helped * The value of a collaborative approach

 Terry Lawrence on Making it Okay to be Wrong [Podcast] | File Type: audio/mpeg | Duration: 11:40

By Adam Turteltaub adam.turteltaub@corporatecompliance.org One of the hardest things in the world is admitting you are wrong.  Kathryn Schulz has written a book and has an intriguing Ted Talk on the subject. In business it’s particularly difficult since being wrong is too often seen as an admission of failure.  That’s why a practice instituted by Terry Lawrence, the CEO of Bone Joint is especially unusual.  At management meetings he asks the managers to report on the mistakes they have recently made. The effects of this unusual approach have been very positive, both for management in general and the compliance program.  Listen to the podcasts as he explains: * The goal is to learn from mistakes so as to become better leaders * Expect initial hesitation: people were incredulous, thinking he was kidding. * As he embedded the practice into weekly and monthly meetings it quickly gained traction * Expect positive movement to come incrementally, with periodic leaps forward * The key message to deliver is that you are in a safe zone: what is said in the meeting stays in the meeting * The practice helped them change from a culture of mistrust to a culture of trust, respect, and high performance. * How he encouraged staff to step forward and raise compliance issues * How as a leader you have to model the behavior and be supportive. If you like to learn more about this practice, feel free to email Terry:  tlawrence@bonejoint.net

 Ted Banks on Moving from a Legal Role into Compliance [Podcast] | File Type: audio/mpeg | Duration: 15:57

By Adam Turteltaub adam.turteltaub@corporatecompliance.org Compliance starts with the law, but simply thinking like a lawyer isn’t enough.  Ted Banks, partner at Scharf Banks Marmor learned that lesson firsthand. Today he is an experienced compliance professional who has worked in compliance at Kraft and served as a monitor for both the FTC and the Canadian Competition Bureau.  Compliance professionals engage him for his guidance. But, many years ago, he was a lawyer new to compliance, and, as he tells in this podcast, made quite a few mistakes. In this podcast he provides advice to legal counsel moving into a compliance role.  Some of the highlights include: * Remember that compliance work has legal content, but it’s different than the work that a lawyer does * Don’t treat employees like law school students * Learn from the manual for drivers from your local department of motor vehicles: It doesn’t cite specific statutes, but focuses on what to do and not to do * Concentrate your efforts on the key issues that have to be communicated, not every possible nuance. * Put yourself in the shoes of the employees: make the training in their interest, ideally showing how this information will help their career * Try to insert compliance messages in training that isn’t compliance-related, such as sales skills courses * Understand the psychological principles of how to communicate with employees

 Janet Kennedy on US Embassy Economic Officers [Podcast] | File Type: audio/mpeg | Duration: 10:13

By Adam Turteltaub adam.turteltaub@corporatecompliance.org Typically, when compliance professionals interact with members of the US Government it is in an enforcement context. Not all parts of the government, though, serve that role.  When putting together the SCCE regional compliance meeting in Sarajevo in October, we contacted the local embassy for help, which they were more than happy to provide. Janet Kennedy is an Economics Officer in the embassy, and in this podcast, she explains the role and how she and her colleagues, who can be found at embassies and consulates worldwide, can help.  She explains: * Their main role is economic diplomacy: building the economic relationship between the US and the host country * They meet this goal by providing advocacy for US companies operating overseas * Advocacy can include providing information to US businesses about the country, working to improve market access, encouraging fair treatment for investors, protecting intellectual property, and combatting corruption * They can be particularly helpful when bidding on foreign government tenders * On the less formal side, they can help promote businesses and establish an initial presence * Don’t expect an economics officer to provide legal advice, but they may provide a list of local lawyers * Generally, don’t count on them to intervene in commercial disputes * If your company is solicited for bribes by a foreign government official, it’s good to notify the embassy and to contact fcpa.fraud@usdoj.gov

 Liz Bilodeau on Preventing Copyright Violations [Podcast] | File Type: audio/mpeg | Duration: 12:46

By Adam Turteltaub adam.turteltaub@corporatecompliance.org Cats riding Roomba’s make YouTube great, and people love to share the links.  And sometimes employees want to put videos of these felines and other snippets in their presentations, or maybe an apt clip from a TV show, not to mention that great cartoon from The New Yorker. Problem is that all of that content is probably copyrighted. In this podcast, Liz Bilodreau, Senior Client Engagement  Manager of the Copyright Clearance Center explains what compliance professionals need to know to prevent misuse.  Listen in as she explains: * The importance of getting a better understanding of what your employees are sharing * The need to understand that employees don’t always know what they can and can’t share, and the difference between what you can share in your personal and professional lives * The necessity of ensuring that training also includes information about the process for securing permission and a reminder that even internal use within the company can constitute a public showing * When determining how employees use content, don’t do it with the goal of stopping it, but with the goal of identifying how media is used and what licenses your organization may need * What your policies on content should contain

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