Sinopsis
Tom Fox has practiced law in Houston for 30 years and now brings you the FCPA Compliance and Ethics Report. Learn the latest in anti-corruption and anti-bribery compliance and international transaction issues, as well as business solutions to compliance problems.
Episodios
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Virginia Newman on Enhancing UFLPA Compliance: Solutions for Forced Labor Prevention
15/05/2023 Duración: 23minWelcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In the latest episode of FCPA Compliance Report, Tom Fox visits Virginia Newman from Miller & Chevalier, an expert on the Uyghur Forced Labor Prevention Act (UFLPA) and supply chain ESG work. Together, they discuss the UFLPA, its affirmative obligation on companies to comply with US import laws, and the burden of proof on businesses to prove their goods were not made using forced labor. Virginia shares valuable insight into the CBP’s enforcement efforts and how companies can exercise reasonable care to avoid having their goods detained. They also delve into trade compliance and third-party screening, predictive mapping, and the long-term changes companies must make to their compliance and sourcing programs. Thomas recommends Virginia as a source of knowledge on the subject because of her passion. Listen to this engaging and informative podcast to better understand the UFLPA and its impact on businesses. Key Highlig
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Candice Tal on Due Diligence: Levels and Evaluation
08/05/2023 Duración: 13minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. Join Tom Fox, the host of FCPA Compliance Report, as he speaks with Candice Tal, founder and CEO of Infortal. Get ready to boost your compliance program in this exciting episode of FCPA Compliance Report. In this episode, Tom and Candice discuss the three levels of due diligence typically used to investigate joint venture partners and senior executives and the significance of conducting thorough due diligence. Level one is for low-risk situations, level two is for moderate-risk situations, and level three is for high-risk situations that require deep dark web searches. The key takeaways are to never skimp out on basic due diligence and to consider level three due diligence for high-risk areas or key executives. Don't miss out on this informative episode of FCPA Compliance Report hosted by Tom Fox and featuring Candice Tal! Key Highlights · Introduction of Candice Tal · What are the 3 levels of due dilige
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Maria D’Avanzo on Privacy Issues in the US and Beyond
03/05/2023 Duración: 18minWelcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Join Tom Fox, the host of FCPA Compliance Report, as he speaks with Maria D'Avanzo, Chief Evangelist Officer at Traliant about privacy issues in the US and around the world. Discover the challenges businesses face due to the lack of national law in the US, with multiple state laws led by California. Compare this to the EU, where GDPR has been in place since 2018, and similar laws have been implemented in other countries such as Singapore, Australia, and Brazil. Learn how GDPR has changed the way businesses handle privacy by making it a part of business processes. Discover the importance of consulting with a good outside counsel, especially for global privacy policy implementation. Explore how to handle cybersecurity incidents and disclosure of information, as regulations on this topic are still developing. Hear from Maria on how to address these incidents internally and the importance of an incident response plan.
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Adrienne Bellehumeur on The 24 Hour Rule: Mastering Dynamic Documentation
01/05/2023 Duración: 25minWelcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Join Tom Fox, the host of FCPA Compliance Report, as he speaks with Adrienne Bellehumeur, a consultant specializing in business analysis, audit, internal control programs, and effective documentation. In this episode of the FCPA Compliance Report, they discuss the secrets to smarter organizations and the importance of the 24-hour rule for documenting and retaining information. Adrienne, author of “The 24-Hour Rule,” provides practical and comprehensive techniques for dynamic documentation and pushes individuals and organizations forward through a six-step process. The discussion also covers the challenges of managing information in communication tools like Slack and WhatsApp and the need for clear repositories for future value and legal purposes. Take advantage of this informative episode and get your hands on Adrienne’s book now! Key Highlights: · The 24-Hour Rule: Importance of Documentation · Dynamic documentati
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Executives at Risk Winter: 2022/2023
24/04/2023 Duración: 38minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In the latest episode of the FCPA Compliance Report, host Tom Fox welcomes Katherine Pappas, Lauren Briggerman and Ian Herbert, experts in government and internal investigations at the law firm of Miller & Chevalier. The group discusses changes to the Corporate Enforcement Policy and the challenges companies face with extraordinary cooperation and clawbacks. They also dive into the Biden administration's antitrust policies, particularly in the area of labor markets and the recent trend of the DOJ losing no poach cases to juries. The conversation then shifts to the FTC's proposed rule on non-compete agreements and recent FCPA individual prosecutions related to bribery allegations. Finally, the hosts discuss potential changes to duty of oversight requirements for company directors and officers and potential changes to US sentencing guidelines. Don't miss out on this informative and engaging episode!. Key Highlights ·
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Incorporating EHS and Safety in an ESG Program
21/04/2023 Duración: 20minWelcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. Are you interested in learning about the overlooked importance of safety in ESG? Host Tom Fox and his guests from Traliant, Andrea Foster Mack and Maria D'Avanzo delve into this topic in the latest episode of the FCPA Compliance Report. Learn how prioritizing safety can lead to cost savings and become a major differentiator for corporations in talent acquisition and retention. The trio also discusses how EHS professionals can reduce risk by implementing hazard awareness training and preventing discrimination. Furthermore, they emphasize the value-add that safety can offer to organizations in terms of corporate governance and brand recognition. Tune in to hear the experts share their insights on how ESG and EHS align under the sustainability cause and how innovative business and management decisions can lead to environmental sustainability. Key Highlights · ESG and Safety Culture within Organizations · The
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Jon May On Defending Individuals in FCPA Cases
17/04/2023 Duración: 27minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, Tom interviews well-known curmudgeon and iconoclast Jon May. May, who is not a compliance officer, talks about his approach to the topic that has caught Fox's attention. The conversation traverses May's professional background, discussing Miami's wild west environment in the 1980s, and corruption within the police department. The podcast takes a deep dive into corporate strategy, DOJ's enforcement policies, and the changes in whistleblower laws. The author provides an exclusive hotline number for listeners to call him and wraps up by describing where to purchase his book! Don't miss out on this engaging podcast with the brilliant Jon May, hosted by Tom Fox. Key Highlights · Negotiating with Government in Corporate Criminal Conduct · Navigating US Sentencing Guidelines for Defense Lawyers · Pleading Guilty and Self-Disclosure for White-Collar Crimes · Changing view of whistleblo
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Ethics Madness 2023
10/04/2023 Duración: 53minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. This episode was recorded during March Madness and it is the return of Jason Meyer and Tom For Ethics Madness. In Ethics Madness, dive into the ethical questions surrounding the University of Alabama basketball team and their missteps in handling incidents involving their players. In this exciting podcast, the hosts discuss the possibility of redemption for individuals who have committed past indiscretions, and how companies must vet their employees for a better work environment. They also cover topics such as mental health and the importance of diversity, equity, and inclusion in the workplace, and how companies should embrace ESG for a better business process. You'll also get to hear some insightful interviews with various professionals on compliance and ethics education, and enjoy fun segments such as the Compliance Anthem of the week. Don't miss out on this amazing podcast that will inspire and educate complian
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Maria D’Avanzo on the 2023 ECCP
05/04/2023 Duración: 26minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special edition, sponsored by Traliant, I visit with Maria D'Avanzo Chief Evangelist Officer at Traliant to discuss the 2023 Evaluation of Corporate Compliance Programs. We discuss the DOJ's guidance on financial incentive programs and highlight the importance of cross-functional collaboration in establishing effective compliance programs. What are some of the challenges of implementing clawbacks for employees who engage in misconduct? We consider some of the risks involved when a company decides to file a lawsuit against an executive for clawback. Finally, they touch on the need for proper communication of the compliance message beyond legal and compliance departments. Join Tom Fox and Maria D'Avanzo as they dive deep into the future of corporate compliance programs. Don't miss this informative and eye-opening episode. Key Highlights · Evaluating Corporate Compliance Incentive Programs · Establi
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Ryan Patrick on the Role of a US Attorney Under the Monaco Memo, CEP & ECCP
03/04/2023 Duración: 35minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. Looking for a podcast that will give you insights into the Department of Justice's corporate enforcement policy and the implications for corporations facing investigations? Look no further than FCPA Compliance Report! In this episode, Tom Fox sits down with Ryan Patrick, a former US district attorney for the southern district of Texas. They discuss the importance of staying up-to-date with DOJ memos and speeches, the difficulty for corporations in deciding whether or not to self-disclose, and the implications of outside counsel being deputized. Ryan emphasizes the importance for companies to work with lawyers who know judges and have pre-existing relationships with local prosecutors, including US attorneys and line prosecutors. They discuss the Southern District of Texas and its role in border-related issues, as well as the Patrick’s time as a US Attorney for the Southern District of Texas. This podcast is a must-l
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Khayot Salijanov-Compliance in Uzbekistan
29/03/2023 Duración: 23minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by Khayot Salijanov, who is Master's Degree candidate at the University of Pittsburgh. He is originally from Uzbekistan and we discuss compliance in emerging markets. We discussed the history of compliance and corruption in Uzbekistan and the steps the government has taken to increase compliance through laws like public procurement and creating an anti-corruption agency. Khayot then provides insight into the two biggest challenges faced in 2020, communication and conducting effective investigations, as well as emphasizing the importance of leadership buy-in. Finally, Khayot suggests that to start a management consulting career, one should focus on creating relationships and ownership, creating value, and gaining leadership buy-in. Key Highlights · The History of Compliance In Uzbekistan · Protecting Yourself When Doing Business in Uzbekistan · The Importance of Leadersh
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Erica Salmon Byrne on 2023 World’s Most Ethical Companies
27/03/2023 Duración: 23minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined Erica Salmon Byrne, President of Ethisphere, to discuss the World's Most Ethical Companies awards. Byrne explains the evaluation process and what types of areas are investigated. She highlights how the list has fluctuated over the years and the importance of a company's people practices. Through the cross functional scorecard, companies can measure their performance compared to a global index. We discuss the importance of "ethics premium" and the scorecard process. To measure the value of a company's people practices, the survey demonstrated an outperformance of 13.6% against a comparable global index. Byrne also gives information to listeners on where to find more information on the world's most ethical companies. Tune into this episode of the FCPA Compliance Report and learn more about the World's Most Ethical Companies. Key Highlights What is the World’s Most Ethical Companies® r
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Kelly Paxton on Maximizing Your Network
20/03/2023 Duración: 30minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by Kelly Paxton, a certified fraud examiner who has worked in the anti-corruption space for years. In our conversation, Kelly talks about the importance of networking and how women are often underestimated in the field. She is a proponent of the Certified Fraud Examiner designation and emphasizes the need to foster a brand for yourself. She also encourages listeners to remember that good people can make bad choices, and to take an interest in the stories behind fraud cases. Kelly talks about her passion for defense work and delves into the nuances of different types of offenders. Her wisdom and insight make her an invaluable guest on the podcast. Key Highlights Networking at National Industry Events for Fraud Examiners [00:04:34] The Importance of Encouraging Women in Fraud Risk Management [00:08:17] The Benefits of Becoming a Certified Fraud Examiner [00:11:55] The Consequences of Cho
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Gordon Firemark, The Podcast Lawyer
15/03/2023 Duración: 22minWelcome to the award-winning FCPA Compliance Report, the longest-running podcast in compliance. In this episode, I am joined by Gordon Firemark, the Podcast Lawyer. Gordon is a Los Angeles lawyer and the Gordon Firemark Law Firm founder. He teaches Media Law. He also hosts the podcast Entertainment Law Update. During this podcast, Gordon and Tom discussed the spike of defamation claims brought against podcasters in 2022 and the cross-media pollination between the podcast and TV/film industries. Gordon then spoke about ChatGPT, a hot-button issue, bringing up issues around copyright and the training material related to visual, audio, and textual elements. Additionally, Gordon offered a teaser of his presentation at Podcast Movement-Evolutions. Key Highlights The Influence of Podcasts on Content Creators and Media Production [00:05:08] Legal Issues in the Entertainment and Design Industries [00:09:18] The Impact of Chat GPT in 2023 [00:13:03] Legal Implications of Podcasting [00:16:59] Hiring a Lawyer for Your
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Sam Tate on New Failure to Prevent Cause of Action
13/03/2023 Duración: 26minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by Sam Tate partner at RPC. Sam is a co-author of the leading UK anti-corruption compliance textbook “Bribery: a Compliance Handbook”. He works closely with a number of FTSE 100, international and privately owned entities and individuals in relation to financial crime proceedings, investigations, and practical crime prevention programs. He recently led the settlement on the ground-breaking 11th and 12th UK DPA’s and conducted the independent investigation for the Financial Times of allegations made by Wirecard against its reporters. In this episode, they discuss the proposed Economic Crime and Corporate Transparency Bill and how it could have a major effect for companies not based in the U.K. The bill includes verification for all new and existing registered companies, directors, and persons, as well as provisions making it easier for the National Crime Agency. Sam Tate predicts that
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HHR Webinar on Strategic Competition Between US and China
10/03/2023 Duración: 01h01minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. Today, we have a special edition of the FCPA Compliance Report. On Wednesday, February 22, 2023, Hughes Hubbard & Reed and BGR Group co-hosted a virtual panel discussion on the U.S. House of Representative’s recent resolution to establish a Select Committee on Strategic Competition Between the United States and China as well as major changes in U.S.-China trade policy and its impact on U.S. and Chinese businesses with operations in both jurisdictions. The panel was moderated by Hughes Hubbard partner and head of the Sanctions, Export Controls & Anti-Money Laundering practice group, Ryan Fayhee, who is joined by fellow international trade partner and chair of Hughes Hubbard’s China Practice, Roy Liu, as well as former staff director of the Senate Foreign Relations Committee, Lester Munson, co-head of the International Practice at BGR Group. This is a recording of their presentation. Key Highlights U.S. Export Contro
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Egle Karalyte on Creating a Brand for the World
06/03/2023 Duración: 24minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by Egle Karalyte, founder and CEO of Karalyte. Tom and Egle discussed the branding in the corporate world. Egle explained that a brand is an expression and system that encapsulates services, products and values that customers will resonate with going forward. A successful UX strategy can keep customers coming back for more. The conversation then shifted towards a discussion of how different branding rules apply for products and services. Egle discusses how the Metaverse is taking UX to new heights and why this is beneficial for companies and customers alike. Key Highlights · Developing a Brand: A Systematic Approach [00:05:01] · Branding Services vs Products in Adobe [00:09:37] · The Benefits of an Improved User Experience (UX) [00:14:04] · The Benefits of Virtual Reality Gaming with Karalyte[00:18:55] Notable Quotes 1. "For me, a brand is really kind of a
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Mary Inman on Top FCA Health Care Recoveries and Issues from 2022
27/02/2023 Duración: 31minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by with Mary Inman, partner at Constantine Cannon. We discuss the recently released US Fraud statistics and preventative measures with Inman. Inman explains that the US Department of Justice put out statistics on the False Claims Act for 2022, with healthcare dominating the recovered funds. Inman goes on to discuss how whistleblowers can still launch cases, even if the government does not join in, as well as encourage listeners to report fraud to their respective insurance department if it later results in higher premiums for their organization. Key Topics: · The Increase of Managed Care Plans in Medicare [00:05:16] · The Power of Whistleblowing and the Impact of Joining Government Cases [00:09:19] · Medicare and Medicaid Fraud in California and Florida [00:13:21] · Impact of Insurance Fraud on Premiums [00:17:44] · The False Claims Act and the Escobar Decisio
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Erica Salmon Byrne-Information is a Gift
20/02/2023 Duración: 30minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this episode, I am joined by with Erica Salmon Byrne, the CEO of Ethisphere, to discuss the company's recent "2023 Ethical Culture Report: Lessons from the Pandemic." Erica shares that the report found a significant uptick in reports of observed cases of bullying, which is likely due to masking feelings with the anonymity of a keyboard. While an employee’s direct manager is most often the first avenue for employees to report concerns, but other forms of reporting weren't utilized, due to a fear of retaliation. Erica suggests that companies need to make it easy for employees to communicate broader ethical issues, as doing so will result in a tripling of employee faith in the system. Key Highlights: · The Impact of the Pandemic on Bullying Incidents · Reasons Younger Employees Don't Speak Up When Witnessing Unethical Behavior · Creating a Speak Up Culture in the Workplace · Improving Communica
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Eric Young on the Evolution of the CCO
13/02/2023 Duración: 44minWelcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Join Eric Young from Guidepost Solutions. Young has worked at prestigious institutions like JPMorgan, General Electric, S&P Global Ratings and BNP Paribas and shares his expertise to empower employees, looking to move ahead processes, find solutions and navigate through compliance issues. Tom and Eric talk about the highlights of the Monaco Memo, updates on the Corporate Enforcement Policy, a case study from ABB to showcase the role of the CCO and how firms should interpret Department of Justice speeches. He further dives into the corporate culture, accountability, and the role of the CCO within an organization. Finally, Eric sheds light on a case from McDonald's involving the former CEO and their decision to clawback compensation. The discussion concluded with the acknowledgement of the Delaware court's holding that elevates the CCO’s corporate duties. Key Topics: [00:04