Compliance into the Weeds

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. This week, Matt and Tom take look at a recent speech by SEC Commissioner Alison Herron Lee where she considered the role of lawyers as gatekeepers under SOX 307. Some of the issues we consider ·      Who do lawyers represent?·      What is the difference between lawyers and gatekeepers?·      How can or should lawyers represent multiple interests on SOX issues?·       How does this comport with state bar requirements? ·      How, if at all, does SOX 307 impact compliance professionals?·      Was the speech a policy change announcement, trial balloon or something else. ResourcesMatt in Radical ComplianceSOX 307 Learn more about your ad choices. Visit megaphone.fm/adchoices

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. This week, Matt and Tom take a somewhat somber view on the Russia invasion of Ukraine. Some of the issues we consider: Discussion of sanctions. What do sanctions mean for US, UK and EU countries? How companies should think about doing business in Russia going forward. What about energy production and consumption? US company employees in Ukraine and Russia. The role of China in a potential resolution. ResourcesTom in the FCPA Compliance and Ethics BlogMatt in Radical Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices

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. This week, Matt and Tom turn to the recent FCPA enforcement action brought by the SEC involving the Korean company KT Corp. Some of the issues we consider Background facts and a corrupt culture, literally from the top. How does the SEC have jurisdiction over KT Corp? Why you need a flow chart of the bribery schemes and a scorecard of the players. Corruption leading to the Korean Blue House. Bags of cash delivered and kept in office safes. Was the resolution an interim step before a monitor is employed? ResourcesTom with a 3-part series in the FCPA Compliance and Ethics BlogMatt in Radical Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices

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. This week, Matt and Tom return to one of Matt’s favorite topics Elon Musk/Tesla. Some of the issues we consider:·      What happens when a business is lead by a runaway CEO?·      Implications of new SEC investigation.·       State of California investigation into racial discrimination. ·      Where has the Board been all this time?·      Will the attitude of the SEC regarding enforcement change? ResourcesMatt in Radical Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices

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. This week, Matt and Tom take up two recent academic papers which every compliance practitioner should study as they provide insight about how communications can impact both fraud prevention and compliance. Some of the issues we consider Berger and Lee on state FCA claims cutting overall accounting fraud. Jinjie Lin on SEC tweeting and reduction of SEC violations. What do these communication strategies portend? How can they be used by the compliance professional? Why whistleblowing does more than simply prevent fraud, waste and abuse. If improves the bottom line. Investment in communications strategies pays off? ResourcesMatt in Radical Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices

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. This week, Matt and Tom are pleased to host Mike Volkov, host of the Corruption Crime and Compliance podcast on the Compliance Podcast Network. Mike formerly worked in the DOJ, Antitrust Division. We consider the current evolution of antitrust enforcement by the DOJ and FTC and how it might impact the Microsoft acquisition of Activision Blizzard. Some of the issues we consider include:·      Is the focus of antitrust enforcement changing from consumers to others?·      What is a Section 2 Sherman Act claim?·       What are structural v. behavioral remedies? ·      Have partial divestitures fallen out of favor?·      How might all this play out in the Microsoft acquisition of Activision Blizzard?·      What is the role of compliance going forward?ResourcesMatt in Radical ComplianceMike Volkov in  Corruption Crime and Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices

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. This week, Matt and Tom take up the Log4j imbroglio. Some of the issues we consider:·      Why is this matter of such importance to compliance and audit?·      Is your IT security out-sourced? If so how do you perform 3rd party due diligence on these companies?·       What is the intersection of 3rd party, cyber and operational risk? ·      How can you implement at 3rd party risk management program in cyber?·      Have you audited a 3rd party in the cyber realm?ResourcesMatt in Radical Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices

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. This week, Matt and Tom take up compliance training and messages insights Matt had from the book, Get It Done, a newly released book by business professor Ayelet Fishbach. Some of the issues we consider ·      How has compliance training evolved?·      The differences in values-based training and rules-based training.·       How can you build aspirational goal setting into your compliance training and compliance messaging? ·      Incorporation of aspirational goal setting into your internal controls.·      What is the bottom line on your compliance goal setting?ResourcesMatt in Radical Compliance Get It Done by Ayelet Fishbach Learn more about your ad choices. Visit megaphone.fm/adchoices

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. This week, Matt and Tom conclude a special two-part podcast series of several topics they will be following in 2022. Today in our concluding Part 2, we consider:·      The time of reckoning is coming for SPACs funded in 2021 as their 18 month-deadline is fast approaching. Is the SEC looking at SPACs as an alternative form of IPO? What will the regulatory landscape look like going forward?·       CCO pay. Will it go up after several years of remaining flat? How did the Great Resignation impact compliance, if at all? What skills sets might a CCO need into 2025 and beyond? ·      The SEC investigation into Facebook. Are a company’s public statements about having an ethical culture mere puffery or are they actionable for failing to live up to their public statements. Also, what does the Francis Haugen testimony mean for whistleblowers going forward.  ·      The SEC investigation into Activision’s toxic workplace and culture of misogyny. Are these new areas the SEC will be looking at in addition to its traditional role of financial reporting watchdog.ResourcesMatt in Radical Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices

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. This week, Matt and Tom begin a special two-part podcast series of several topics they will be following in 2022. Today in Part 1, we consider The Biden Administration’s Strategy on Countering Corruption, specifically around FinCEN and AML enforcement and how it may impact FCPA enforcement. The PCAOB was long dysfunctional before the Trump Administration eviscerated it. How will it change under the Biden Administration? The SEC plans for the regulation of and reporting on ESG. FCPA enforcement for recidivist corporations after DAG Lisa Monaco’s speech in October 2021. ResourcesMatt in Radical Compliance Learn more about your ad choices. Visit megaphone.fm/adchoices