Compliance Perspectives

By Adam Turteltaub If you’re looking for compliance direction only from the US Department of Justice, you’re missing the wider picture. There is a lot going on in Europe that companies operating in that geography need to be complying with. Dr. Tobias Kruis, Head of Corporate Compliance, Giesecke+Devrient, shares what is going on both in this podcast in his session “Dancing with the Acronyms: Jiving Through LkSG and CSDDDD in the European Compliance Ballroom” at the 2025 SCCE Annual Compliance & Ethics Institute. The German Supply Chain Due Diligence Act, also known under the acronym LkSG, is focused on human rights, occupational health and safety and environmental projects. It requires regular and systematic risk assessments as well as remediation and preventative measures if risks are found. Grievance procedures are also a mandate, as are annual effectiveness reports on the supplier due diligence process. Sanctions for non-compliance can be as high as 2% of annual turnover. The German regulator has already conducted over 1,000 proactive reviews since the act was adopted. The EU Corporate Sustainability Due Diligence Directive was adopted in 2024 and builds on some existing national laws. The aim is to ensure a level playing field for companies in Europe by requiring them to address human rights and environmental concerns in the supply chain. It has much broader reach than the German law in its requirements, including a mandate to conduct due diligence beyond the first tier of suppliers. While enforcement has not yet begun and several changes are contemplated, compliance teams can begin preparing now, taking a risk-based approach to their due diligence efforts. They should also start building cross-functional partnerships with HR, quality, management, procurement and the sustainability teams. Listen in to learn more about what’s happening in Europe, and then don’t miss his session “Dancing with the Acronyms: Jiving Through LkSG and CSDDDD in the European Compliance Ballroom” at the 2025 SCCE Annual Compliance & Ethics Institute. Listen now The Compliance Perspectives Podcast is sponsored by Athennian, a leading provider of entity management and governance software. Get started at www.athennian.com.

By Adam Turteltaub There’s always a “but” when it comes to AI. It has great potential, but there’s always the risk of bad things happening. In the case of the False Claims Act and healthcare, that’s very much the case. In a recent article for Compliance Today – “AI and the False Claims Act: Navigating compliance in the age of automation” -- Phoebe Roth and Colton Kopcik of Day Pitney warn that the same “but” applies to medical coding. AI and coding seem to be a match made in heaven. There is enormous potential for ensuring that bills get processed quickly and all the proper charges are made.  But (of course) plenty of risks come with it. First and foremost, a lack of human oversight can lead small errors to quickly multiply, especially if the AI model was trained on biased historical data or follows patterns of mis-billing. False claims can then can quickly spiral out of control, leading to expensive refunds and settlements. Other areas of risk include telehealth and remote care fraud, especially at a time of increased government scrutiny of medically unnecessary services or improper billing. So what should you do? It is prudent when embracing AI, they warn, to ensure that the algorithm is always up to date on the latest changes to the regulations. Whether the AI was created in-house or by a vendor, be sure there is a plan in place to monitor for changes and make accurate, real-time adjustments. Having in place an AI steering committee is also a good idea. Be sure to include IT, coders, clinical staff, compliance and others. Finally, turn the staff into your front line of defense. Help them be on the alert for potential issues so that you can head off problems before they become big problems. Listen in to learn other ways to manage the “buts” of AI. This podcast is for educational purposes only and does not constitute legal advice. Listen now The Compliance Perspectives Podcast is sponsored by Athennian, a leading provider of entity management and governance software. Get started at www.athennian.com.

By Adam Turteltaub As important as gaining access to the board is, using that time properly is even more crucial. Becky Rohr, Chief Compliance Officer and head of Investigations at Ericsson, will be sharing her insights and advice on this topic in her session “Board Reporting, Not Bored Reporting: Presenting to Boards and Other Senior Stakeholders by Using Data and Storytelling” at the 2025 SCCE Annual Compliance & Ethics Institute in Nashville. In this podcast and preview of her session, she advises that, even before entering the boardroom it’s important to take the time to know your audience. Talking to the board, a board committee or senior executives is different since each has its own priorities. Be sure that what you say and show them speaks directly to their role. Remember, too, that the board is focused on the organization as a whole. She cautions that the board will feel obligated to read anything you send it. So, be sure to avoid overwhelming them and to focus on the larger issues that could materially affect the organization. When presenting data, don’t just give them the raw numbers. Prepare a concise analysis that tells them what those numbers mean and what the key takeaways are. She found that a slide showing opportunities, challenges, highlights and lowlights in a simple quadrant graphic can be particularly useful. Dashboards, too, can be valuable, so long as every light on it isn’t green. That’s bound to raise suspicions. Take the time, too, to anticipate what questions they are likely to ask. She warns that boards tend to want to know how the organization stacks up against its industry peers. So, be sure to take the time to benchmark. Be sure to also take the time to listen to the podcast and join us in Nashville, September 14-17, at the SCCE Annual Compliance & Ethics Institute. Listen now The Compliance Perspectives Podcast is sponsored by Athennian, a leading provider of entity management and governance software. Get started at www.athennian.com.

By Adam Turteltaub What you don’t know can hurt you. And what you do know can hurt you.  Such is the dilemma of background screening. Companies want to know who they are hiring, but, explains Al Firato, CEO & Founder of HireSafe, some information is off limits. The 1964 Civil Rights Act and Title VII prohibit examinations of race, religion, ethnicity and more. In addition, federal and state regulations set limits on what background check firms can look at. That’s not always a bad thing, Al points out. A conviction for a criminal offense from decades earlier should not be cause for immediate disqualification, especially if the person has since made amends. In addition, the conviction may not be relevant for the job at hand: a DUI for a prospective delivery driver is a lot different than one for someone who will be working at a desk all day. The EEOC has also made it clear that people are, in most cases, entitled to a second chance. With that said, background checks can be very useful for revealing exaggerated academic and work histories. Many prospective employees take advantage of the fact that, with so many mergers, it may be difficult, if not impossible, to verify previous employment. Listen in to learn more about the do’s and don’ts of background screening. Listen now The Compliance Perspectives Podcast is sponsored by Athennian, a leading provider of entity management and governance software. Get started at www.athennian.com.

By Adam Turteltaub Dr. Hemma R. Lomax, Vice President, Deputy General Counsel and Global Head of Ethics and Compliance for DocuSign thinks a lot about leaving a legacy, not just for herself but in general. She’ll be addressing the topic Beyond the Rules: The Future of Compliance is Legacy-Driven Leadership at the SCCE 24th Annual Compliance & Ethics Institute, which takes place September 14-17, 2025 in Nashville. She is a strong advocate for thinking beyond quarterly goals and looking to operationalize best intentions to leave something behind that is more enduring. Getting there, she explains, requires first helping leaders understand that they know that a legacy is not out of reach, if they focus on doing the right thing and for the long run. Done correctly, the legacy they create can be an enduring strategic asset. For compliance teams it means recognizing that every human has a survivor and a sage brain. And, while we in compliance need to embrace that survivor brain and embrace bad scenarios, we cannot be prophets of doom, raising already high anxiety levels. Instead, we need to lead with transparency, embed purpose into processes, make ethics a design feature, and create internal accountability. Listen in to learn more and then join her session in Nashville at the SCCE 24th Annual Compliance & Ethics Institute. Listen now The Compliance Perspectives Podcast is sponsored by Athennian, a leading provider of entity management and governance software. Get started at www.athennian.com.

By Adam Turteltaub Joint ventures are created to capitalize on a business opportunity, but they come with challenges. Each partner may have a different experience with or attitude towards compliance. They may have distinctly different cultures, and, in the worst case, may each be expecting the other to be watching compliance when, in fact, no one is. Hassan Chaudry, a member of the SCCE & HCCA Board and Chief Compliance Officer of POSCO JV, a General Motors joint venture, recommends several keys to success in JVs. First, having meaningful conversations with leadership right at the start is important, especially if it is face-to-face. This helps establish rapport and makes top management more comfortable with the role of compliance. Look to commonalities between the partners, not just the difference. In his case, with one party being from North America and the other from South Korea, there were different approaches and laws, but both countries are members of the OECD, and its guidance for compliance programs provided a common reference point. Once the groundwork is set, take the time to meet with employees from senior and middle management, as well as the front line. Also, don’t forget the board: setting expectations with them and building an ongoing line of communication is essential. He also recommends treating the JV like a start-up, not an established company. Finally, put yourself in the shoes of joint venture partners. Look at the business from their perspective, and that will help you better understand what will make for a truly successful compliance program. Listen now The Compliance Perspectives Podcast is sponsored by Athennian, a leading provider of entity management and governance software. Get started at www.athennian.com.

By Adam Turteltaub Don’t take it personally if it’s taking you forever to find a new compliance job. According to Matt Kelly (LinkedIn), Editor and CEO at Radical Compliance, you’re far from alone. It’s not that there aren’t jobs out there, he explains. There is just a hesitancy to hire due to the macro-economic environment. With so much economic instability and unpredictability, organizations are slower to hire. Adding to the challenge is technology. A job posted on LinkedIn can generate hundreds or thousands of applications, making it more difficult for organizations to wade through them. So how do you make yourself stand out and become a must-hire? He recommends moving beyond showcasing your ability to manage regulatory issues and instead focus on how your skills can help the organization navigate the range of operational risks that they face. Be sure to also shift from focusing on what you can do to defend the company to how you can help the company grow. Finally, he advises showcasing your certifications and  cutting edge experiences, and using technology to help. There are AI tools out there which will help you tailor your resume to the posted job description. Listen in to learn more and accelerate your job hunt. Listen now The Compliance Perspectives Podcast is sponsored by Athennian, a leading provider of entity management and governance software. Get started at www.athennian.com.

By Adam Turteltaub Professors Todd Haugh (LinkedIn) and Suneal Bedi (LinkedIn) of the Institute for Corporate Governance & Ethics at the Kelley School of Business at Indiana University recently published a paper: Retheorizing Corporate Compliance. In it they argued strongly that compliance needs to be seen not just as a defense against potential corporate legal liability. It also needs to be recognized as a proactive offensive tool for building market share and competitive advantage. On this podcast they explain that compliance creates numerous non-market strategies for helping the business. For example, organizations with stronger programs can demonstrate to regulators that they would be a good choice to acquire a troubled company. Leading compliance programs can also help to set the standard of practices for their industry, giving their organizations an advantage over those with lagging compliance practices. In sum, by thinking of how compliance can help the business, not just protect it, there are significant opportunities created to grow the business, and change the way people think about compliance. Listen now The Compliance Perspectives Podcast is sponsored by Athennian, a leading provider of entity management and governance software. Get started at www.athennian.com.

By Adam Turteltaub In November 2024, the Office of Inspector General at Health and Human Services  released its Nursing Facility: Industry Segment-Specific Compliance Program Guidance. The document is part of an effort to modernize how HHS OIG is communicating to industry and providing information about risks, how to mitigate them and best practices for compliance programs. Jillian Willis (LinkedIn/Firm Page) and Melissa Scott (LinkedIn/Firm Page) of Nelson Mullins explain that the new guidance contains four main sections: quality of care and quality of life, Medicare and Medicaid billing requirements, Federal anti-kickback statute and other risk areas such as physician self-referral, HIPAA and related-party transactions. It shares best practices. Notably, the guidance, complements other guidance out there, including the Department of Justice’s. And, in addition to focusing compliance efforts, it can be helpful for promoting operational efficiency. Listen in and then spend some time reading the Nursing Facility: Industry Segment-Specific Compliance Program Guidance. Listen now The Compliance Perspectives Podcast is sponsored by Athennian, a leading provider of entity management and governance software. Get started at www.athennian.com.

By Adam Turteltaub Professors Guido Palazzo and Ulrich Hoffrage are skeptical. When they hear that there was a bad apple at the core of a scandal, they are hesitant to accept that explanation. Instead, they argue in this podcast and in their new book, The Dark Pattern: The Hidden Dynamics of Corporate Scandals, that the problem is typically much deeper and wider. There are dark patterns, as they call them, that lead to bad behavior. Underlying the patterns are nine building blocks.  They explain: Rigid ideology is a shared belief system that narrows the view of decision-makers at the expense of other views, risking them losing sight of ethical dimensions. Toxic leadership can create fearful contexts when narcissistic, Machiavellian, or psychopathic leaders abuse their power and cause harm, be it through direct orders, leading by example, or a carrot- and- stick approach. Manipulative language restricts how things are perceived and evaluated, influencing people’s judgments, decisions, and behaviors in ways that contribute to evil. Corrupting goals and unrealistic targets divert people’s attention so that they lose the ability to see the bigger picture in which their decisions are embedded— and the ethical dimension of their behavior. Destructive incentives create a tunnel vision of reality and lead to unhealthy competition and fights. Ambiguous rules create a gray area where people at best are confused and at worst can morally disengage when they do something bad because, after all, they were just following the rules. Perceived unfairness can lead people to engage in illegal practices while feeling that they are restoring justice. Dangerous groups may force individuals to conform, encourage aggression against members of out- groups, or pressure those who are considering speaking up not to do so. Finally, people who are on a slippery slope may not realize how they are straying from the right path to the point of escalating their commitment to evil things without even realizing how they have changed. While there are ways to manage for these risk areas, the challenge is that they are too often missed. The solution they advocate for includes compliance teams educating themselves more in areas such as social psychology so that they are more attuned to the human factors. Within the office there is a need for companies to resist the need to move on from scandals and to instead engage in deeper soul searching to understand what went wrong and why. Finally, they are advocates for making ethics a much more important part of compliance programs. Listen in to better understand what dark patterns are and how to keep them from taking hold of your organization. Listen now Sponsored by Case IQ, a global provider of whistleblowing, case management, and compliance solutions.