Hotlines are an incredibly valuable tool for identifying compliance issues and many other problems. Every organization should have a system for people to report—either anonymously or with reporter identification....more
The Wall Street Journal recently reported that the CEO of Uber spent time driving for the company under an assumed name. He filled out the forms like any prospective driver and drove around customers....more
On April 24, at this year’s Compliance Institute, the U.S. Department of Health & Human Services (HHS) Inspector General (IG) Christi Grimm announced an important initiative, which was posted in the Federal Register the next...more
In May, I had the opportunity to participate in a panel discussion on the harmonization of American and European approaches to compliance and ethics at the 7th Compliance & Technology Conference of the Institut du Risk &...more
I’ve written about proving intent before, but a recent session (and subsequent conversation) at a conference reminded me of its importance, as well as a common misconception. Not all laws require intent be proven; some are...more
I can’t think of a better example of the convergence of environmental, social, and governance (ESG) factors, compliance, and ethics than in marketing and public relations. This area is filled with opportunities and risks...more
7/13/2023
/ Business Strategies ,
Compliance ,
Corporate Governance ,
Corporate Social Responsibility ,
Diversity and Inclusion Standards (D&I) ,
Environmental Social & Governance (ESG) ,
Ethics ,
Federal Trade Commission (FTC) ,
Greenwashing ,
Marketing ,
Public Communications ,
Public Relations ,
Reporting Requirements ,
Risk Management ,
Shareholders
I recently was at HCCA’s 27th Annual Compliance Institute, and among the many great sessions was one in which the discussion addressed the use of fear tactics in compliance training. Citing examples of organizations and...more
As I write this in early April, we are fresh off an invigorating 11th-Annual European Compliance & Ethics Institute (ECEI) held in Amsterdam. ECEI was an in-person-only gathering of more than 300 people representing 30...more
Office romances are nothing new. The compliance unit doesn’t often get involved in investigating them unless they violate company policy or include allegations of harassment or other misconduct. Even then, they might be...more
A recent news report reminded me of how difficult it can be to manage compliance and environmental, social, and governance (ESG) risks. You may have seen the report: a tiny capsule the size of a small coin fell out of a truck...more
Don’t look now, but the noisy debate over artificial intelligence (AI) has risen a few notches with the recent introduction of ChatGPT. AI has been a topic of conversation for several years, but ChatGPT has taken everyone’s...more
5/3/2023
/ Artificial Intelligence ,
Automated Systems ,
Bots ,
Chief Compliance Officers ,
Compliance ,
Compliance Management Systems ,
Compliance Monitoring ,
Machine Learning ,
Risk Assessment ,
Risk Management ,
Technology
I appreciate that you are reading this magazine and its useful information regarding compliance and ethics. But I’d like to use this month’s column to encourage you to read something else—a good book that has nothing to do...more
Many people take vacations but don’t really know how to take one effectively. Others foolishly say they don’t need a vacation. But everyone can benefit from getting away. As I write this, I am still feeling the benefits of a...more
As winter starts to recede, thoughts turn to warmer days and the need to embark on the traditional spring cleaning. While that’s usually an at-home affair, it can and should also apply to your compliance program. And while a...more
In the United States, the Securities and Exchange Commission (SEC) has been active in providing guidance and publishing new environmental, social, and governance (ESG) requirements. But the European community continues to...more
3/2/2023
/ Climate Change ,
Corporate Governance ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
EU ,
Investment ,
Reporting Requirements ,
Securities and Exchange Commission (SEC) ,
SFDR ,
Sustainable Business Practices ,
Transparency
There appears to be a bit of a lull in corporate prosecutions lately. The big banner cases tend to involve crypto firms rather than household names. There are a few significant settlements, such as in opioid cases, but we...more
3/2/2023
/ Corporate Crimes ,
Criminal Liability ,
Criminal Prosecution ,
Cryptocurrency ,
Data Privacy ,
Data Protection ,
Department of Justice (DOJ) ,
EU ,
Foreign Corrupt Practices Act (FCPA) ,
Settlement ,
UK
This month’s column is devoted to the idea of “testing out” of compliance training, a topic I addressed in my opening comments at the Compliance & Ethics Institute in October, but in a clumsy manner. I think I came across as...more
I managed not to lose my temper when a training skeptic informed me that he wasn’t a fan of compliance training because “it’s not going to make a dishonest person do the right thing.” Indeed, I doubt anyone who previously had...more
2/2/2023
/ Best Practices ,
Chief Compliance Officers ,
Chief Ethics and Compliance Officers (CECO) ,
Compliance ,
Employee Training ,
Employees ,
Ethics ,
Policies and Procedures ,
Risk Assessment ,
Risk Management ,
Training
Minimizing a corporation’s taxes through legitimate tax planning is perfectly legal, whereas tax evasion is a compliance issue. Somewhere in between is a plethora of other tax issues, making tax transparency an important...more
I recently returned from the Corporate Compliance Outreach Event—presented in late September by the Federal Bureau of Investigation (FBI)—a popular event SCCE & HCCA has sponsored with the FBI annually. I last wrote about the...more
For inspiration in writing this month’s column, I looked no further than my own colleague, Adam Turteltaub, SCCE & HCCA’s chief engagement and strategy officer, who wrote a piece for the Society of Corporate Compliance and...more
CEP Magazine - December 2022 -
In September, U.S. Department of Justice (DOJ) Deputy Attorney General Lisa O. Monaco announced new guidelines the department will use in connection with criminal enforcement. Those...more
12/8/2022
/ Clawbacks ,
Cooperative Compliance Regime ,
Corporate Counsel ,
Corporate Crimes ,
Corporate Governance ,
Corporate Misconduct ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Compensation ,
Investigations ,
New Guidance
Compliance Today - December 2022 -
Having a solid understanding of the challenges our operating units face provides tremendous perspective for the compliance team, enabling it to more fully understand and assist with...more
CEP Magazine - November 2022 -
Much has been made lately about whether environmental, social, and governance (ESG) as we know it is already failing and about to go away, only to re-emerge with a new twist and a new label....more
CEP Magazine - November 2022 -
Inspiration sometimes comes from unexpected places. I like to read books on a variety of topics. In one I read recently, the astrophysicist author described the second law of thermodynamics...more