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. Last week we considered the SEC regulations requiring companies to detail human capital issues in their annual reports and what it meant for compliance. This led to a week-long dialogue between Matt and myself about the current state of employee trust and its role in corporate culture and a best practices compliance and ethics program.  Some of the issues we consider are: Trust is down. The now former UK KPMG Chairman who told employees to ‘quit whining’ about the Coronavirus health crisis issue. Employees are under more pressure to deliver results. What does this do to trust? Employee to employee trust issues in WFH. Trust issues around RTW, both employee to employee and management response to employee health and safety issues at the workplace. Benjamin Moore getting rid of legal department and then restricting employee access to legal assistance. Greater fear toward retaliation stopping whistleblowers from coming forward.  ResourcesMatt’s blog post in Radical Compliance:Corporate Culture and Human Capital Disclosures Tom’s blog posts on the FCPA Compliance and Ethics Blog:A Macro Approach for Human Capital ComplianceHal Holbrook, Mark Twain and Employee TrustHow to Destroy Employee TrustLeadership Lessons from Abraham Lincoln 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. Today we consider the SEC regulations requiring companies to detail human capital issues in their annual reports. What have some of the initial disclosures revealed? What does it mean for compliance? Some of the issues we consider are: Why is this issue so important? What are the SEC reporting rules? How did companies report their human capital issues? What does all this mean for corporate culture? ResourcesMatt’s blog post in Radical Compliance:Corporate Culture and Human Capital Disclosures 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. Today we consider the GameStop matter through the lens of the compliance profession.  Some of the issues we consider are:·      What is the background?·      What are the compliance implications of this matter? ·      Is this a black swan event or just ‘business as usual? ·      Short sellers in the bulls-eye? ·      The role of the regulators?·      Who are Robinhood’s stakeholders?·      What is the more relevant precedent; Long Term Capital or the Panic of 1907?·      What is the role (or responsibility) of social media?ResourcesCheck out Tom’s 5-part blog post series on GameStop and Compliance:GameStop and Compliance-IntroductionGameStop and Compliance-The ShortsGameStop and Compliance-The Squeeze and Social MediaGameStop and Compliance-The Regulatory ResponseGameStop and Compliance-Lessons for the Compliance Professional 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. Today we consider what will be the implications of our working environments post-pandemic. Will we be permanently working from home, returning to the office, a mix of both or something else? Some of the issues we consider are: What are the compliance implications of a distributed workforce? How to maintain culture? Is WFH communications too much like social media? What about cyber-bullying from co-workers? ResourcesMatt’s blog post in Radical Compliance: Thoughts on Return to Work 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. Today we consider the Capital One resolution of the FinCEN enforcement action. We look at the compliance program; red flags missed, and how the bank was faulted as its compliance program was found to be not effective.Resources:See Matt's blog post Capital One Whacked on AML FailuresSee Tom's blog post the Capital One FinCEN Enforcement 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. Today we consider the Deutsche Bank Foreign Corrupt Practices Act resolution. We look at the compliance program; red flags missed, overlooked or avoided and internal control failures. Some of the issues we consider are: The Bank’s compliance program was a paper program only. Where was compliance? What Red Flags were missed? Internal Audit did its job but was ignored. Actual Knowledge of corruption? What about the DFS? ResourcesTom is running a 5-part blog post series on the FCPA Compliance and Ethics Blog:Part 1-IntroductionPart 2- The Bribery SchemesPart 3- Overlooked Red Flags and Internal Control FailuresPart 4-Recivist PenaltyPart 5-Final ThoughtsMatt’s blog post in Radical Compliance:Deutsche Bank Control Failures Cost $130 million 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. Today we consider five issues that compliance practitioners need to watch in 2021. We also talk about the second five which did not make the Top 5 but you still need to watch. Some of the issues we consider are: What will be the implications of the Covid-19 vaccine and RTW? The Anti-Money Laundering Law of 2020. The first Biden Administration announcement. Climate Change Disclosures. The SolarWind Cybersecurity Disaster. A special bonus from Matt. ResourcesFor more information see Matt’s blog post in Radical Compliance:Five Compliance Events to Watch in 2021 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. Today we consider the question of who in an organization should oversee a hotline. Once that decision is made, who should manage the hotline. Some of the issues we consider are: Why the Audit Committee on the Board should oversee the hotline. It should be written into the Audit Committee’s Charter. The hotline manager must have the independence to investigate any issues raised and they must have the competence to do so. Why the Compliance Function should oversee management of the hotline. ResourcesFor more information see Matt’s blog post in Radical Compliance:Who Should Run the Hotline? 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. Today we consider how badly Stanford University Health Systems botched it decision on whom in the organization would receive its allotted Covid-19 vaccinations. Stanford used a faulty algorithm which mandated that only seven of the Health Systems 1300 medical residents would receive the vaccine. As you might guess these front-line health workers were up in arms over Stanford’s incompetence on this issue.Some of the issues we consider are: The plan had been for the algorithm to assign vaccination slots for the first 5,000 employees, who would begin receiving the Covid vaccine on Dec. 18. What were the parameters of the algorithm? Why was there so little ethics in the process? Why was there so little equity in the result? What are the implications for the compliance professional of the use of the algorithm to make such a critical decision? What does the EEOC decision allowing companies to mandate vaccines for employees mean for compliance? ResourcesFor more information see Matt’s blog post in Radical Compliance:Lessons on Algorithms, Ethics and Equity 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. Today we take on a much more somber topic and set of facts in this, our 201st episode. We have our first guest, Diane St. Ives, a retired US Army officer now practicing law in Houston. Diane is also a Director of the State Bar of Texas. Matt, Tom and Diane consider the recent US Special Commission Report on leadership and culture failures in the areas of sexual harassment and assault which have occurred at Ft. Hood. These issues were brought to a head with the sexual assault and brutal murder of Specialist Vanessa Guillén, who disappeared on April 22. She was murdered by a fellow soldier, who killed himself in June when he escaped Army investigators taking him into custody.Some of the issues we consider are: What were and are the continuing failures of leadership at Ft. Hood in these areas? Why is the SHARP program simply window dressing? What will it take to make a change? Our Guest Diane St. Ives relates her personal experience of being sexually harassed over 40 years ago while a Private at Ft. Hood. She talks about the retaliation she received for reporting the crime and how it all still affects her today. What can be some of the solutions for this situation and how can compliance principles help turn around a continuing culture of misogyny in the Army. ResourcesFor more information see Matt’s blog post in Radical Compliance:Leadership Failures at Ft. Hood Learn more about your ad choices. Visit megaphone.fm/adchoices