Welcome to the only roundtable podcast in compliance. Today, we have a quartet of Jay Rosen, Matt Kelly, Jonathan Armstrong and Tom Fox. Rants and shouts outs follow the commentary for this episode.

  1. Jay Rosen takes a look at the recent white paper by ECI President Dr. Pay Harned on the new DOJ Evaluation of Corporate Compliance Programs and ECI’s High Quality Compliance Programs. Jay shouts out to Preet Bharara’s podcast “Stay Tuned”.
  1. Jonathan Armstrong considers the Sarclad Deferred Prosecution Agreement the SFO’s failures in prosecuting individuals former company employees. Jonathan shouts out to those who talk about mental health issues in public.
  1. Tom Fox considers the lessons learned from the TechnipFMC and Microsoft FCPA settlements. Tom shouts out to his fellow Southerner Moscow Mitch and his invitation to Mr. Putin to come on over during the next presidential election.
  1. Matt Kelly considers the lessons from the recent Facebook settlements with the FTC and SEC. Kelly shouts out to Federal Reserve examiners who reviewed tech vendors at banks they were auditing.

The members of the Everything Compliance are:

The host and producer (and sometime panelist) of Everything Compliance is Tom Fox the Compliance Evangelist. Everything Compliance is a part of the Compliance Podcast Network.

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. In this most somber episode, Matt Kelly  and I go into the weeds to explore what are some of the compliance responses to the twin tragedies of El Paso and Dayton.

Some of the highlights include:

  • How the lack of safety at the workplace impacts employee trust.
  • How should a company police hate and racist speech by employees online?
  • What is your company policy around firearms at the workplace? What if your state allows it?
  • What actions should Walmart take for the safety of its employees and customers?
  • What red flags on employee hate speech are actionable?
  • What employee hate speech puts a company on actual knowledge of an impending or even possible attack?
  • What is a company’s liability in such a situation?

The Astros hit a home run on the last minute of the trading deadline by obtaining Zack Greinke and Jay asks just how insufferable Tom will be until the Astros win the World Series again (Hint: Very). While Tom gloats, he and Jay turn their collective eyes to some of this week’s top compliance and ethics stories.

  1. Third parties are still the highest FCPA risk. So why are you still using them? Alexandra Gillies explores in the FCPA Blog.
  2. How to manage high-risk distributors? Mike Volkov with a 2 part series on Corruption Crime and Compliance. (Part 1 and Part 2)
  3. What is conspicuous integrity in the corporate setting? Shirin Ahlhauser explains in the FCPA Blog.
  4. What is cognitive governance? James Bone begins a series on Corporate Compliance Insights.
  5. What is present responsibility and how does it related to debarment? Jay explains on Corporate Compliance Insights.
  6. What are the disclosure and notification requirements when managing a crisis? Lawyers from Cleary Gottlieb on NYU’s Compliance and Enforcement Blog.
  7. Wonder if ethics and compliance still matter? Four Wachtel Lippon lawyers explain why on Harvard’s Corporate Governance and Financial Regulation Blog.
  8. Why do you need social media compliance as part of your ethics and compliance program. John Horowitz tells us in Navex Global’s Ethics and Compliance Matter
  9. Why the identification of high risk employees is critical. Jeff Kaplan explains in the Conflict of Interest Blog.
  10. Comings and goings in the DOJ Fraud Section. Dylan Tokar reports in the WSJ Risk and Compliance Journal.
  11. We are into Season 3 of Star Trek TOS on Trekking Through Compliance. Check out the week’s offerings: Monday-And The Children Shall Lead; Tuesday-Is There No Truth in Beauty; Wednesday-Spectre of the Gun; Thursday-Day of the Dove; Friday-For I Have Touched the Sky and the World Is Hollow.  The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotify and Corporate Compliance Insights. The Compliance Podcast Network joins C-Suite Radio.
  12. Our colleague Doug Cornelis participates in the annual 2-day, 192 mile Pan-Mass Bike Challenge which raises money for the fight against cancer. I hope you will join my again in supporting Doug by donating to PMC. Information on Doug’s ride, why he rides and donation button are all found here.

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.

On today’s episode of the Innovation in Compliance Podcast, our host Tom Fox has the pleasure of speaking with Alex Zlatin. Alex is the author of “Responsible Dental Ownership: Balancing Ethics and Business Through Purpose”, a book about how small business owners should think through the purchase of a technology upgrade.
Upgrading: is it a Must?
Alex explains how a lot of technologies such as Office Suite or even Windows are coming to the end of their lives, and so many companies are starting to look into upgrading their software to the next new thing. Alex points out that although such an upgrade can be beneficial, business owners have to ask themselves: is it an absolute must? Does it fit within the company’s budget? Is there a specific deadline the company needs to meet for every software to be upgraded? He adds that it is important to evaluate all of the options and weigh the pros and cons of which software upgrade to go with.
Balancing Ethics and Business Through Purpose
Tom goes deeper into some points found in Alex’s book, and asks, what are the necessary tools for operating a successful practice? Coming from a business background, Alex shares how a lot of his experience actually revolves around the dental world: a lot of dentists have so much experience in their profession, but they don’t have the experience in the business aspects of their practice – HR, being a landlord, and customer service to name a few. Alex also points out that as a corporate leader, you have to find your company’s purpose and then, make your entire business revolve around that purpose once you do.
An Open Letter to the Industry
Alex explains how every week, he and his marketing team have a brainstorming meeting, and during one of these meetings, they had the idea to share their values with the world via a letter, or as he puts it, “scream out who they are, what they represent and why they do what they do.” He adds that the reason they decided to do it was to build trust with their clients. In order to build a relationship you have to show vulnerability, and that’s what they tried to do.
Resources

While Facebook announces a settlement with the FTC and Microsoft settles an outstanding FCPA enforcement action, Tom and Jay return to discuss both events and some of this week’s top compliance and ethics stories which caught their collective eyes.

  1. Facebook settles with the FTC for $5bn. Does it matter? Mike Issac and Natasha Singer in the NYT. Kevin LaCroix on why data privacy is such a high corporate risk in the D&O Diary. SEC piles on with another $100MM. Jaclyn Jaeger reports in Compliance Week. (sub req’d)
  2. Microsoft settles FCPA enforcement action for $25MM. Dick Cassin reports in the FCPA Blog. Tom rocks out with drum solo week in his discussion of the settlement. (Part 1, Part 2, Part 3, Part 4)
  3. Can an ethical culture be measured? Vera Cherepanova says yes in the FCPA Blog.
  4. What is a ‘pulse check’ for compliance? Mary Shirely explains on Corporate Compliance Insights.
  5. What is the intersection of FCPA enforcement and suspension and debarment? Jay explains on Corporate Compliance Insights.
  6. What are the 5 complaince takeaways from the Walmart FCPA enforcement action? Jaclyn Jaeger weighs in on Compliance Week. (sub req’d)
  7. Is Santa Claus real? Jonathan Rusch on the Chinese anti-corruption efforts around Belt and Road, in Dipping Through Geometries.
  8. Are there too many cooks in the FCPA enforcement kitchen? Helen Jiang says no in the Global Anti-Corruption Blog.
  9. Trade sanction fines hit alltime high. Mengqi Sun reports in the WSJ Risk and Compliance Journal.
  10. The week’s notable milestone-Mike Volkov celebrates his 100thanniversary show. Tom guests to join in on the event on Corruption Crime and Compliance.
  11. This week Tom had a special 5-part podcast series sponsored by AMI on the use of monitors by State AGs, with Jerry Coyne. Check out the following: Part 1-Introduction to the Role of State AGs; Part 2-Big Tobacco litigation; Part 3– Litigation in the post-tobacco era; Part 4-Current Multistate litigation challenges; Part 5-the Road Ahead.  The podcast is available on multiple sites: the FCPA Compliance Report, iTunes, JDSupra, Megaphone,YouTube,  Spotifyand Corporate Compliance Insights. The Compliance Podcast Network joins C-Suite Radio.
  12. Our colleague Doug Cornelis participates in the annual 2-day, 192 mile Pan-Mass Bike Challenge which raises money for the fight against cancer. It is the first week of August. I hope you will join my again in supporting Doug by donating to PMC. Information on Doug’s ride, why he rides and donation button are all found here.
  13. If you happen to be attending the National Speakers Association, Influence 2019, next week in Denver, I hope you will join me on a panel hosted by Jeffery Hayzlett, 7:30 to 8:30 AM on Tuesday, July 30. We will cover ideas, promotion, partners, and processes all around podcasting. Details and registration are found here.

Tom Fox is the Compliance Evangelist and can be reached at tfox@tfoxlaw.com. Jay Rosen is Mr. Monitor and can be reached at jrosen@affiliatedmonitors.com.

For more information on how an independent monitor can help improve your company’s ethics and compliance program, visit our sponsor Affiliated Monitors at www.affiliatedmonitors.com.