Episode 143, The North to South Episode

Oct 24, 2024

Guest

Matt Kelly

Guest

Jonathan Marks

Guest

Karen Moore

Matt Kelly, Founder of Radical Compliance, shares insights on compliance failures at TD Bank, emphasizing the risks of poor strategies. Jonathan Marks, a seasoned data privacy lawyer, unpacks the nuances of Root Cause Analysis versus standard investigations, while Karen Moore from Sounding Board Compliance dives into DEI implications in Boeing's monitorship. The discussion also highlights criticisms of a misguided advertising campaign and the necessity for robust compliance frameworks to prevent future failures.

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Intro

00:00 • 2min

TD Bank's Compliance Crisis

01:46 • 14min

Understanding Root Cause Analysis in Compliance

16:01 • 13min

Recent Developments in FCPA Enforcement and Boeing's Compliance Journey

28:46 • 4min

Judge's Ruling: DEI in Boeing's Plea Agreement

33:09 • 16min

Liabilities, Compliance, and Women's Sports

49:10 • 16min

Civility in Parking Lots and Legislative Intervention

01:04:45 • 5min

Welcome to the only roundtable podcast in compliance as we celebrate our second century of shows.

In this episode, we have the quartet of Matt Kelly, Jonathan Marks, and Karen Moore; with host Tom Fox wearing a double hat as a commentator as well. We take up Root Cause Analysis, DEI questions in the Boeing monitorship, failures at TD Bank and a possible Caremark claim.

1. Matt Kelly takes a look into the commercial strategies which led to the compliance failures at TD Banks. He rants about the Boston’s National Women’s Soccer League team (now deleted) advertising campaign announcing the new team with the tagline ‘too many balls’.

2. Jonathan Marks explains the differences in a Root Cause Analysis and investigations. He shouts out the WNBA and the person who solved the Golden Owl puzzle.

3. Karen Moore takes a deep dive into the district court’s request for more information on the impact of DEI on the Boeing monitorship. She rants about non-civility in the Supermarkets of America’s Parking Lots.

4. Tom Fox takes a look at the potential Caremark claim against TD Bank for both Directors and Officers failures in their duties. He shouts out to GOP dominated Texas Legislature for subpoenaing Robert Roberson for an appearance before the House, one day before his scheduled execution and the Texas Supreme Court for staying his execution until he could appear.

The members of the Everything Compliance are:

Karen Woody – Is one of the top academic experts on the SEC. Woody can be reached at kwoody@wlu.edu
Matt Kelly – Founder and CEO of Radical Compliance. Kelly can be reached at mkelly@radicalcompliance.com
Jonathan Armstrong – is our UK colleague and an experienced data privacy/data protection lawyer in London. He can be reached at Armstrong@puntersouthall.law
Jonathan Marks can be reached at jtmarks@gmail.com
Karen Moore is a principal at Sounding Board Compliance, and can be reached at: Karen.moore@soundingboardcompliance.com

The host and producer, rantor (and sometime panelist) of Everything Compliance is Tom Fox the Voice of Compliance. He can be reached at tfox@tfoxlaw.com. Everything Compliance is a part of the award-winning Compliance Podcast Network.

Additional Resources:

1. Jonathan Marks on Root Cause Analysis on LinkedIn.

2. Matt Kelly on TD Bank’s Enforcement Action on Radical Compliance.

3. Tom Fox on the potential Caremark claims in the TD Bank case on the Compliance Podcast Network blog.

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

Check out the full 3-book series, The Compliance Kids on Amazon.com.

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