Compliance Perspectives

By Adam Turteltaub

Sydney Finkelstein is the Steven Roth Professor of Management at the Tuck School of Business at Dartmouth.  In addition, he is the author of 20 books, including Why Smart Executives Fail, Think Again and SUPERBOSSES:  How Exceptional Leaders Master the Flow of Talent.  And, if that wasn’t enough, he is the host of his own podcast series:  SydCast.

He took some time to sit down for the Compliance Perspective Podcast to share some deep and actionable insights.

In our conversation we discuss:

* The common causes of business and compliance failures, both start with human frailty

* How to overcome the natural resistance to limits being set

* Developing talent on your compliance team: think like a teacher

* Building a compliance department that will survive your departure

* What to expect from the next generation of business school grads. Relax, it’s good news.

Listen in to gain these and other insights from a top business school professor.

 

By Adam Turteltaub

No one wants to work under a Corporate Integrity Agreement (CIA), but there are lots of good lessons that can be learned from them.

Laura Ellis, Senior Counsel in the Office of Special Counsel to the Inspector General at HHS, and Michael Lampert, a partner in the Boston office of Ropes & Gray will be addressing CIAs in their session at the 2019 Compliance Institute in Boston.

In this podcast they reveal some of the insights they will be sharing at the conference.  They focus on three elements now found in all CIAs:

* Board members are required to pass a resolution finding that their compliance program is effective and in compliance with the corporate integrity agreement provisions.

* Senior managers must sign an annual certification that they have been trained on compliance, are aware of the compliance program, have operated their department in a compliant manner, and are not aware of any improper behavior.

* The company undergo an annual compliance risk assessment.

These elements are designed to ensure that compliance cascades through the organization and that the compliance program remains dynamic and aligned with key risks for healthcare providers.

Listen in to learn more about the OIG’s office’s approach, and then join them at the 2019 Compliance Institute.

By Adam Turteltaub

No one wants to work under a Corporate Integrity Agreement (CIA), but there are lots of good lessons that can be learned from them.

Laura Ellis, Senior Counsel in the Office of Special Counsel to the Inspector General at HHS, and Michael Lampert, a partner in the Boston office of Ropes & Gray will be addressing CIAs in their session at the 2019 Compliance Institute in Boston.

In this podcast they reveal some of the insights they will be sharing at the conference.  They focus on three elements now found in all CIAs:

* Board members are required to pass a resolution finding that their compliance program is effective and in compliance with the corporate integrity agreement provisions.

* Senior managers must sign an annual certification that they have been trained on compliance, are aware of the compliance program, have operated their department in a compliant manner, and are not aware of any improper behavior.

* The company undergo an annual compliance risk assessment.

These elements are designed to ensure that compliance cascades through the organization and that the compliance program remains dynamic and aligned with key risks for healthcare providers.

Listen in to learn more about the OIG’s office’s approach, and then join them at the 2019 Compliance Institute.

By Adam Turteltaub

For a long time corporate internal investigations in Asia tended to be anti-corruption related, reports Robert Hunt, a partner in the Hong Kong office of the law firm Herbert Smith Freehills.  These days, though, while bribery is still an area of great concern, other issues have started to gain more of the spotlight.  Of particulate note, he relates in this podcast, are sales and revenue fraud, money laundering, and sanctions.

But whatever the risk area, there are multiple factors that compliance professionals need to consider when conducting investigations in Asia.  Data privacy is a growing concern, as many Asian countries either enact new or strengthen existing privacy laws in the wake of GDPR.  Adding to the complexity, the Bring Your Own Device (BYOD) phenomenon has made it harder to access employee communications.  No longer are all electronic communications backed up on the server, with workers increasingly using WeChat and WhatsApp to communicate.

It’s not just employee communications that may be an issue.  Internal communications with the legal team are a risk area of their own.  Privilege laws vary greatly when conducting an investigation, something to be considered when generating or collecting documents.

And, when interviewing suspects and witnesses, it’s essential to remain aware of and sensitive to the language and cultural issues.  Even an executive who speaks English regularly may prefer using the local language when in a high-stress interview.

In sum, before you leap into an investigation it’s essential to look and to listen to this Compliance Perspectives Podcast.

By Adam Turteltaub

For a long time corporate internal investigations in Asia tended to be anti-corruption related, reports Robert Hunt, a partner in the Hong Kong office of the law firm Herbert Smith Freehills.  These days, though, while bribery is still an area of great concern, other issues have started to gain more of the spotlight.  Of particulate note, he relates in this podcast, are sales and revenue fraud, money laundering, and sanctions.

But whatever the risk area, there are multiple factors that compliance professionals need to consider when conducting investigations in Asia.  Data privacy is a growing concern, as many Asian countries either enact new or strengthen existing privacy laws in the wake of GDPR.  Adding to the complexity, the Bring Your Own Device (BYOD) phenomenon has made it harder to access employee communications.  No longer are all electronic communications backed up on the server, with workers increasingly using WeChat and WhatsApp to communicate.

It’s not just employee communications that may be an issue.  Internal communications with the legal team are a risk area of their own.  Privilege laws vary greatly when conducting an investigation, something to be considered when generating or collecting documents.

And, when interviewing suspects and witnesses, it’s essential to remain aware of and sensitive to the language and cultural issues.  Even an executive who speaks English regularly may prefer using the local language when in a high-stress interview.

In sum, before you leap into an investigation it’s essential to look and to listen to this Compliance Perspectives Podcast.

By Adam Turteltaub

Culture is always discussed as critically important to successful compliance and ethics programs, but what is it exactly?

“Culture is what happens when an individual’s behaviors meet an organization’s,” according to Jane Mitchell, the founder and director of JL&M, a consultancy.  In this podcast, Jane, a frequent speaker at SCCE international programs, offers a deep and sometimes provocative perspective on what culture is, what makes for a healthy culture and how to manage culture.

Listen in as she discusses:

* The key dimensions of corporate culture

* The question of whether the organization is supporting the behaviors it says it wants

* The interplay between a compliant culture and an ethical one

* How to encourage “speak up” behavior

* Organizational justice

* How to use employee data effectively

* The role of the CEO and leadership in shaping culture

 

By Adam Turteltaub

Culture is always discussed as critically important to successful compliance and ethics programs, but what is it exactly?

“Culture is what happens when an individual’s behaviors meet an organization’s,” according to Jane Mitchell, the founder and director of JL&M, a consultancy.  In this podcast, Jane, a frequent speaker at SCCE international programs, offers a deep and sometimes provocative perspective on what culture is, what makes for a healthy culture and how to manage culture.

Listen in as she discusses:

* The key dimensions of corporate culture

* The question of whether the organization is supporting the behaviors it says it wants

* The interplay between a compliant culture and an ethical one

* How to encourage “speak up” behavior

* Organizational justice

* How to use employee data effectively

* The role of the CEO and leadership in shaping culture

 

By Adam Turteltaub

The UK Modern Slavery Act has been law for some time now, requiring companies doing substantial business in the United Kingdom to disclose what they are doing to combat modern slavery, and to post a disclosure statement on their website.

As Andre Bywater of Cordery Compliance reports in the Compliance Perspectives Podcast, the UK Government’s first annual report on the Act was disappointing.  It found that modern slavery is on the increase, and compliance with the law was disappointing, with many companies not making the necessary disclosures.

In response, the government issued letters to over 17,000 CEOs, Andre reports, informing them that their firms were non-compliant.  The government will also be publishing a list of non-compliant companies.

Listen in as Andre explains what the Act requires, what is likely to come next legislatively, and warning signs of forced labor for your staff to look for.

By Adam Turteltaub

The UK Modern Slavery Act has been law for some time now, requiring companies doing substantial business in the United Kingdom to disclose what they are doing to combat modern slavery, and to post a disclosure statement on their website.

As Andre Bywater of Cordery Compliance reports in the Compliance Perspectives Podcast, the UK Government’s first annual report on the Act was disappointing.  It found that modern slavery is on the increase, and compliance with the law was disappointing, with many companies not making the necessary disclosures.

In response, the government issued letters to over 17,000 CEOs, Andre reports, informing them that their firms were non-compliant.  The government will also be publishing a list of non-compliant companies.

Listen in as Andre explains what the Act requires, what is likely to come next legislatively, and warning signs of forced labor for your staff to look for.

By Adam Turteltaub

Is it a few bad apples?  A whole barrel full of them?  Or is it the barrel that’s the problem, and not the apples?

It’s a long-debated topic in ethics and compliance, and Jonathan Rusch, Principal of DTG Risk & Compliance LLC, argues that there is much that can be answered in a growing body of behavioral science.

His interest in the topic began while serving as a federal prosecutor, where he noticed that many fraud victims were behaving in ways that were unexpected but explainable by social scientists.  Later, when he became an in-house compliance officer, he found this same research was useful at uncovering the mental shortcuts and other mistakes that led to bad behaviors.  These included:

* The bystander effect, in which an individual sees something that seems wrong, but with no one else saying speaking up, the individual assumes that maybe he or she was the one who was wrong

* Context confusion, a problem in which a person assumes the other side of the deal is thinking along similar lines with shared goals when, in fact, that person has very different and potentially illegal objectives

* Ethical fading, in which ethics issues start being redefined as simply business concerns

Listen in to the discussion, and start exploring how behavioral science might change the way you approach compliance and ethics challenges.