Fcpa Compliance Report

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Joshua Drew, a Member of Miller & Chevalier who practices in the firm’s white collar and FCPA practice areas. Joshua Drew, a seasoned attorney with a rich background in the Department of Justice (DOJ) and the Foreign Corrupt Practices Act (FCPA), recently joined the litigation group at Miller & Chevalier. His perspective on joining the firm is largely influenced by his admiration for the team’s expertise, having interacted with several of the firm’s lawyers during his tenure at Vimple.com, now Veon. He also found the firm’s practice areas, particularly FCPA work and general litigation, to be in perfect alignment with his experience. Moreover, he appreciated the firm’s smaller size, strategic focus, and subject-matter expertise, making his decision to join Miller & Chevalier a no-brainer. To learn more about Joshua Drew’s journey and his insights, join Tom Fox and Joshua Drew on thi

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, I visited Dr. Karen Jacobson, a renowned expert in organizational leadership and communication. She provides guidance for compliance professionals around leadership. Dr. Karen Jacobson is a seasoned professional with a rich background in healthcare, public speaking, and business consulting. Her perspective on effective leadership and communication in diverse workplaces is shaped by her experiences in war, the military, healthcare, and even her time as a competitive amateur ballroom dancer. Jacobson believes that effective leadership requires understanding and adapting to the needs of different audiences, tailoring communication to resonate with them, and being culturally aware. She emphasizes the importance of leaders adapting their language and communication style based on the audience’s behavior style, emotions, and level of understanding and learning about the customs, language, and etiquette of the cultu

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Professor Karen Woody and they take a deep dive into the Segway case from Delaware. The bottom line is that proving bad faith and breaching the duty of oversight remains a challenging task. The conversation delved into the fiduciary duties of directors and officers, specifically the duty of care and the duty of loyalty. The duty of care requires fiduciaries to be well-informed about material information and exercise prudence in decision-making. On the other hand, the duty of loyalty necessitates undivided interests towards the corporation, with no conflicts of interest or self-dealing. The duty of oversight, derived from the landmark Caremark case in 1996, is an extension of the duty of loyalty. It requires the establishment of information reporting systems and compliance programs to inform senior management and the board about potential issues. There are two prongs to bring a duty

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Jay Rosen who discusses the recent FCPA enforcement action involving the software giant SAP. Jay Rosen is a seasoned compliance professional with a deep understanding of the SAP FCPA enforcement case. His perspective on the topic of SAP’s FCPA enforcement case and the importance of cooperation and self-disclosure is shaped by his belief that self-disclosure is paramount in any FCPA investigation or enforcement action. He points out that SAP did not initially self-disclose, but began to cooperate only after investigative reports were made public in South Africa. Despite this, Rosen acknowledges SAP’s commendable efforts in providing regular, prompt, and detailed updates to the fraud section, producing relevant documents, and undertaking extensive remediation actions. He underscores the importance of conducting a root cause analysis, implementing data analytics, and enhancing complia

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Frank Orlowski. Frank Orlowski is a seasoned professional with a wealth of experience in managing emerging markets in the pharmaceutical industry, having spent over 25 years at Pfizer Pharmaceuticals. His extensive knowledge, particularly in South America, Middle East Asia, and Eastern Europe, where he faced difficulties in compliance, controls, and adhering to US accounting regulations, has shaped his perspective on managing emerging markets. Orlowski emphasizes the importance of understanding different cultures, regulations, and geopolitical issues when working in these markets. After retiring from Pfizer, he founded the Ation Advisory Group, where he leverages his expertise to assist companies in commercializing products in the life science industry. Join Tom Fox and Frank Orlowski on this episode of the FCPA Compliance Report podcast to gain more insights into managing emerging

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes John Gebauer, Chief Regulatory Officer at COMPLY, and John Van Der Wal, Senior Director, Compliance Advisory at COMPLY. John Gebauer and John Van Der Wal are seasoned professionals in the financial industry, each with over three decades of experience and a focus on regulatory changes and compliance challenges. Gebauer believes that there is a need for stricter controls and requirements in the ESG space. He emphasizes the importance of firms having the necessary documents and procedures to back up their claims of being ESG advisors. Van Der Wal shares a similar perspective. He stresses the need for more controls and requirements in ESG advising, the importance of vendor due diligence, and the potential of AI and machine learning technologies in preventing inappropriate activity. Both Gebauer and Van Der Wal highlight the importance of staying up-to-date with changing rules and regul

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back Carrie Penman from Navex with insights from the SEC’s Office of the Whistleblower Annual Report. Carrie Penman is a seasoned compliance professional and writer with a profound understanding of the surge in whistleblower reports and concerns in the SEC’s office. Penman’s perspective on the topic is that the significant rise in whistleblower tips being reported to the SEC is due to high-profile cases where whistleblowers have received substantial financial awards, which has raised awareness among employees and encouraged them to utilize the whistleblower program. She also notes a decrease in internal reporting on accounting-related issues, suggesting that organizations should further examine this trend. Penman emphasizes the importance of addressing retaliation issues and fostering a culture that encourages internal reporting. She advocates for training first-line managers and s

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back Sam Tate, partner at RPC, who discusses the UK's Economic Crime and Corporate Transparency Act. Sam Tate is a seasoned partner at RPC, an international law firm specializing in anti-corruption, compliance, and financial crimes. With a rich background in the oil and gas industry, including a stint as the head of anti-corruption at BP, Sam has a unique perspective on the UK's Economic Crime and Corporate Transparency Act and its role in enhancing corporate transparency and accountability. He believes that the Act is a significant development, particularly in its expansion of liability to senior managers and the introduction of a new failure to prevent fraud. These changes, he argues, necessitate a reevaluation and adaptation of companies' compliance programs to safeguard against potential offenses. Join Tom Fox and Sam Tate as they delve deeper into this topic on this episode of

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Ryan Lougheed, Director, of Product Management at Onspring. Ryan Lougheed has over twelve years of experience in the Governance, Risk, and Compliance (GRC) field, currently serving as the director of a platform at Onspring, a SaaS GRC platform and business process automation platform. Drawing from his background in esports, Lougheed believes that teamwork and communication are crucial in both the GRC space and the world of esports. He emphasizes the importance of effective and efficient communication, especially in high-stress situations, and believes that these skills can be carried over to a compliance-focused career. In the context of esports, Lougheed explains that communication is vital in a team of five players and that professional esports organizations provide resources such as physical trainers and sports psychologists to support their players' communication skills. He als

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Sam Silverstein to talk about the new software product, The Culture Audit™ which allows a compliance professional to perform a culture assessment as required by the Department of Justice. In the ever-evolving corporate world, the importance of assessing and improving corporate culture cannot be overstated. This is the focus of The Culture Audit™, a software tool that provides a comprehensive assessment of a company's culture, identifying potential risks and areas for improvement, developed by Sam Silverstein and the Accountability Institute. Tom views The Culture Audit™ as a valuable tool, especially in light of the Department of Justice's focus on corporate culture in white-collar enforcement actions. He sees culture as a risk that can be assessed, managed, and continuously improved. Sam shares this perspective and with his extensive experience in accountability and leadership, he

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Alexander Cotoia and Daniela Meléndez from the Volkov Law Group to discuss the challenges and legal implications of ephemeral messaging in business. Cotoia's perspective emphasizes the significant risks ephemeral messaging poses for companies, particularly in terms of compliance and data preservation. He advocates for proactive measures, such as refining data preservation policies and monitoring all business-related electronic data. Similarly, Melendez, with her extensive knowledge and experience in conducting internal investigations, underscores the potential legal liabilities companies may face if they fail to secure relevant information. She cites real-world examples, like the Google case, to stress the importance of enforcing document preservation policies and educating employees on their responsibilities. Join Tom Fox, Alex Cotoia, and Daniela Meléndez as they delve deeper int

In Part 3 of this special 3-episode series, we explore how Venice created the first modern hotline and whistleblower reporting system. Whistleblower and hotline reporting systems in compliance programs are crucial tools for organizations, providing a confidential platform for employees to report misconduct. Fox emphasizes the value of using an external hotline system, which offers an additional layer of anonymity and impartiality and can bring specialized expertise that may be difficult to match within an organization. He also highlights the role of hotlines in collecting detailed information, which can provide greater insight into situations and help protect companies from accusations of negligence or wrongdoing. Furthermore, Fox underscores the need for hotlines to inspire employee confidence, offer on-demand support from subject matter experts, and provide inbuilt litigation support and avoidance tools. Join Tom Fox in this episode of the Compliance Lessons from Venice podcast to delve deeper into the sign

In Part 2 of this special 3-part series, we continue our look at compliance lessons from Venice by reviewing the Arsenale and corporate culture. The Arsenale district in Venice, a significant maritime hub from the mid-1200s to mid-1400s, serves as a fascinating historical example of compliance program implementation. The district was renowned for its innovative shipbuilding techniques, which were zealously guarded as state secrets through strict regulations and severe punishments for violators. Tom draws parallels between the practices of the Arsenale district and the guidance provided by the DOJ and SEC. He emphasizes the importance of a balanced approach to compliance, incorporating both incentives and discipline. Fox suggests that companies should provide job security, compensation for mishaps, and assistance to families as incentives for employees to remain loyal and compliant, while also using financial rewards, promotions, and acknowledgments as effective tools for incentivizing compliance. Join Tom F

Today we begin a special holiday podcast series on compliance lessons from Venice. In Part 1, we are doing compliance in the old-fashioned way. The importance of compliance departments and the simplicity of compliance programs cannot be overstated. These elements are vital in maintaining ethical standards within an organization. An effective compliance program must have a compliance department that is adequately staffed with professionals who can handle the day-to-day compliance work. He argues that these departments should not only have the necessary headcount but also the expertise to answer questions and provide guidance to company personnel. Fox also underscores the significance of basic methods in compliance programs, likening them to the simple yet effective block-and-tackle pulley system used in Venice. Join Tom Fox as he delves deeper into this topic in the Compliance Lessons from Venice podcast episode. Learn more about your ad choices. Visit megaphone.fm/adchoices

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Billy Jacobson, well-known to the compliance community, who recently opened a new boutique law firm, Jacobson Lopez. We talk about why he co-founded the firm, the type of work it takes on, and where he hopes it might grow. Billy Jacobson is a seasoned attorney with a rich background in white-collar law and compliance, having served as a DOJ attorney and worked on high-profile fraud cases such as the Enron trials and as CCO at Weatherford. His perspective on Jacobson Lopez, a boutique law firm specializing in compliance and investigations, is shaped by his experience and expertise in AML, FCPA, and BSA practices. With his partner, Jonathan Lopez, Billy co-founded Jacobson Lopez, a boutique law firm offering specialized services in compliance work, internal investigations, government enforcement, and individual representation. They aim to provide big law firm expertise at more modest

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes back LRN’s Susan Divers to discuss the second report 2023 from LRN on the LRN Ethics & Compliance Program Effectiveness Report, 2023 Global Standards Edition. Susan Divers is a seasoned professional in ethics and compliance, working closely with Tom Fox and associated with LRN. She strongly believes in the significance of ethics and compliance programs in companies, emphasizing the need for continuous training and reminders to ensure employees understand and adhere to the rules and expectations. Susan has noticed a trend of integrating ethics and compliance considerations into HR systems, such as performance reviews and promotions, to hold individuals accountable for their actions. She advocates for a shift from rule-based to values-focused programs, emphasizing personal responsibility and implementing policies like Clawback to address misconduct and enforce consequences. Join Tom

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Marco Goldberg, Managing Director of EQS Group's North American Business, which assists organizations in navigating the complex world of compliance and building a culture of trust. Marco Goldberg is a seasoned professional in corporate compliance and investor relations solutions, with a rich background in international industrial management and an MBA from the Berlin School of Business and Entrepreneurship. The EQS Group is a leading provider of corporate compliance and investor relations solutions, serving about 9,000 customers globally. He emphasizes the importance of trust in international organizations and sees EQS Group's mission as helping to create trusted companies through their solutions. His experiences in the industry and his active participation in hosting the ECEC, Europe's largest compliance conference, have shaped his perspective. Join Tom Fox and Marco Goldberg on t

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, Tom Fox welcomes Chip Jones to discuss the recent spate of enforcement actions in the messaging compliance arena. Chip Jones, the Executive Vice President of Compliance at Global Relay, is an expert in e-communications archiving and compliance solutions for the financial services industry, focusing on instant messaging compliance and enforcement actions related to off-channel communications. Chip believes technology plays a vital role in regulating off-channel communications in financial services, emphasizing the importance of capturing and supervising all communications, including those on personal devices, to ensure compliance with SEC record-keeping requirements. He acknowledges that using personal devices for communication has been prevalent for years, but the pandemic has accelerated this trend. Chip suggests that technological solutions, such as the Global Relay app, can help financial profes

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, we begin a short podcast series on the Albemarle FCPA enforcement action. Today, Kristy Grant-Hart reviews the holdbacks on the internal control failures and other areas identified in the SEC enforcement action. In this episode of the FCPA Compliance Report podcast, we delve into clawbacks and consequence management in compliance programs, particularly about the Foreign Corrupt Practices Act (FCPA). Our host, Tom Fox, brings a unique perspective, expressing disappointment over the lack of clawbacks in a recent case but emphasizing the importance of consequence management, such as withholding bonuses from employees involved in misconduct. His extensive experience in the field shapes Fox’s insights, and he underscores the need for businesses to shift their models in response to investigations and compliance violations. He also highlights the significance of a proactive approach to addressing compliance issues

Welcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Today, we begin a short podcast series on the Albemarle FCPA enforcement action. Today, we have Karen Moore on the internal controls failures and other areas identified in the SEC enforcement action. The recent FCPA enforcement action against Albemarle has sparked a lively debate in the compliance community, particularly regarding the company’s internal controls, imposed penalties, and the lack of monitorship. While Karen is surprised at this development, Tom believes it is consistent with the new DOJ FCPA policy. One of the key takeaways from the episode is the importance of thorough due diligence and stronger measures to prevent corruption. The case highlights the need for compliance officers to operate beyond their comfort zones and ensure that the right people receive the right training to spot issues. It also raises questions about the credibility of messages about risk tolerance from senior leadership and the