Compliance Perspectives

By Adam Turteltaub

As long as there have been compliance programs there has been compliance training.  Despite that constancy, how that training is delivered has changed dramatically.  It has evolved from lawyers standing in front of the room with acetates, to online training, phone-based training, and even compliance games.

What’s driven the evolution?  Part of it is certainly technology, but as Kirsten Liston, Founder and Principal of Rethink Compliance, argues, much of it has been driven by compliance people asking, “What does it take to be effective?”  Training, after all, isn’t an objective.  It’s a strategy for helping to prevent compliance breaches.

That invites a constant reexamination of how the training is offered.  At first, PowerPoints delivered online seemed like a great leap forward, which, in many ways, they were.  But since then, Kirsten argues, the digital landscape has changed.  People have grown used to seamless digital environments where the content seems to flow effortlessly.  Compliance and ethics training that doesn’t do so can be jarring.

In addition, with more of online life being led on mobile devices, we have all gotten used to shorter messages.  That, too, calls for rethinking of training, both mobile and on the desktop.

Listen in as she discusses these issues and how to succeed in your compliance training efforts.

By Adam Turteltaub

Conflicts of interests make up a large part of any compliance job, and few spend more time pondering them than Jeff Kaplan, a partner in the law firm of Kaplan & Walker and the editor of the Conflict of Interest blog.

The most common conflicts, Jeff explains in this podcast, are economic:  ownership or employment with customers, competitors and suppliers.  But that’s just a part of the challenge.  Money borrowed or owed to someone can create a conflict, as well as other personal ties.

So how do you manage this tricky risk area that any organization faces?  Jeff offers several pieces of advice including:

* Think broadly

* Conduct a risk assessment

* Look to organizational conflicts of interest

* Develop clear policies, and think about creating FAQs, as well

* Plan on regular audits

* Be sure to train your workforce to identify conflicts, and don’t forget the board’s potential conflicts

* Understand that disclosures carry risks of their own

* Centralize as much as you possibly can

Listen in to learn more (but recognize that I have a conflict of interest when I suggest that you do).

By Adam Turteltaub

Conflicts of interests make up a large part of any compliance job, and few spend more time pondering them than Jeff Kaplan, a partner in the law firm of Kaplan & Walker and the editor of the Conflict of Interest blog.

The most common conflicts, Jeff explains in this podcast, are economic:  ownership or employment with customers, competitors and suppliers.  But that’s just a part of the challenge.  Money borrowed or owed to someone can create a conflict, as well as other personal ties.

So how do you manage this tricky risk area that any organization faces?  Jeff offers several pieces of advice including:

* Think broadly

* Conduct a risk assessment

* Look to organizational conflicts of interest

* Develop clear policies, and think about creating FAQs, as well

* Plan on regular audits

* Be sure to train your workforce to identify conflicts, and don’t forget the board’s potential conflicts

* Understand that disclosures carry risks of their own

* Centralize as much as you possibly can

Listen in to learn more (but recognize that I have a conflict of interest when I suggest that you do).

By Adam Turteltaub

Openness is both important and a challenge for compliance departments and their leaders.  On the one hand, you have to create an environment where people want to speak up, where trust is high, and transparency is embraced.  On the other hand, some things just can’t be shared publicly.

Barney Rosenberg, a long-time compliance industry veteran and former global vice president of ethics and business conduct in the aerospace industry, has invested a lot of thought on the topic.  As he explains in this podcast, openness can be thought of as creating a climate where people can express their dreams and frustrations without fear of retaliation of any form.

Openness can be encouraged with behaviors such as asking people what they know about you, what they would like to know, and what they would like you to know about them.  But for that to work, the leader has to be truly open and honest.

Open your ears to some interesting thoughts about openness in the compliance context.

By Adam Turteltaub

Openness is both important and a challenge for compliance departments and their leaders.  On the one hand, you have to create an environment where people want to speak up, where trust is high, and transparency is embraced.  On the other hand, some things just can’t be shared publicly.

Barney Rosenberg, a long-time compliance industry veteran and former global vice president of ethics and business conduct in the aerospace industry, has invested a lot of thought on the topic.  As he explains in this podcast, openness can be thought of as creating a climate where people can express their dreams and frustrations without fear of retaliation of any form.

Openness can be encouraged with behaviors such as asking people what they know about you, what they would like to know, and what they would like you to know about them.  But for that to work, the leader has to be truly open and honest.

Open your ears to some interesting thoughts about openness in the compliance context.

By Adam Turteltaub

Kasey Ingram, the General Counsel and Chief Compliance Officer of ISK Americas, learned compliance and ethics from the bottom up, quite literally.  He served for several years at the bottom of the ocean as an officer aboard a nuclear ballistic submarine.

While taking care of nuclear reactors and missiles may seem fairly removed from compliance, Kasey explains in the podcast that there is much in common, starting with the training.

During orientation at the U.S. Naval Academy a commander told him and the other new Midshipmen “Just because you’re a high performer doesn’t mean you have high character.”  It was an admonition he never forgot that in many ways shaped his time at the Academy and his career since.

It was not the only lesson he learned.  While at the Academy he served on the honor committee, where he had the opportunity to conduct investigations both from the accusation and defense side.

Later, as an officer on a submarine, he, like every other officer, was authorized to be an investigator.  His job was not only to find out what went wrong, but to fix the problem.  He also learned the value of communicating quickly and effectively with management – captains are very busy – a skill that would prove valuable in his compliance role.

Listen in as he shares his experiences, including the value the nuclear Navy puts on creating a speak-up culture.

By Adam Turteltaub

Kasey Ingram, the General Counsel and Chief Compliance Officer of ISK Americas, learned compliance and ethics from the bottom up, quite literally.  He served for several years at the bottom of the ocean as an officer aboard a nuclear ballistic submarine.

While taking care of nuclear reactors and missiles may seem fairly removed from compliance, Kasey explains in the podcast that there is much in common, starting with the training.

During orientation at the U.S. Naval Academy a commander told him and the other new Midshipmen “Just because you’re a high performer doesn’t mean you have high character.”  It was an admonition he never forgot that in many ways shaped his time at the Academy and his career since.

It was not the only lesson he learned.  While at the Academy he served on the honor committee, where he had the opportunity to conduct investigations both from the accusation and defense side.

Later, as an officer on a submarine, he, like every other officer, was authorized to be an investigator.  His job was not only to find out what went wrong, but to fix the problem.  He also learned the value of communicating quickly and effectively with management – captains are very busy – a skill that would prove valuable in his compliance role.

Listen in as he shares his experiences, including the value the nuclear Navy puts on creating a speak-up culture.

By Adam Turteltaub

When many people think about networking, they think of a bunch of people sharing business cards.  That’s a start, but successful networking is much more than that.

Samantha Kelen, Lead Ethics Analyst at Duke Energy, knows that getting a business card is only a first step.  As she explains in this Compliance Perspectives podcast, you have to follow up with the person, preferably on a regular basis, and not just for a job.  Ongoing interaction is what turns a contact into a relationship.

But how do you make that first contact, especially at a conference?  She recommends going in with a plan.  Identify which presenters you want to meet, attend their sessions, and then stay afterward to talk.  Most will be more than happy to meet you.

Also, plan on connecting with people you know online through LinkedIn.  Just make sure your picture is current.  She once changed her hair color and it no longer matched her LinkedIn photo, making it harder for people to recognize her.

At the same time, don’t be afraid to talk to strangers. For people you don’t know, have a networking “pick up line” ready to start the conversation.

Listen in to learn more, and then start planning on how you’ll expand your network.

By Adam Turteltaub

When many people think about networking, they think of a bunch of people sharing business cards.  That’s a start, but successful networking is much more than that.

Samantha Kelen, Lead Ethics Analyst at Duke Energy, knows that getting a business card is only a first step.  As she explains in this Compliance Perspectives podcast, you have to follow up with the person, preferably on a regular basis, and not just for a job.  Ongoing interaction is what turns a contact into a relationship.

But how do you make that first contact, especially at a conference?  She recommends going in with a plan.  Identify which presenters you want to meet, attend their sessions, and then stay afterward to talk.  Most will be more than happy to meet you.

Also, plan on connecting with people you know online through LinkedIn.  Just make sure your picture is current.  She once changed her hair color and it no longer matched her LinkedIn photo, making it harder for people to recognize her.

At the same time, don’t be afraid to talk to strangers. For people you don’t know, have a networking “pick up line” ready to start the conversation.

Listen in to learn more, and then start planning on how you’ll expand your network.

By Adam Turteltaub

Each year the SCCE/HCCA encourages companies to participate in Corporate Compliance and Ethics Week.  For 2018 it will take place from November 4-10.

Even if you don’t pick those dates, a week dedicated to compliance and ethics can have an enormous impact on your organization, and as Mike Henry, Senior US Counsel of Emera Energy points out, you don’t have to be a large organization to put a weeklong celebration together.

Going into planning for the event, the goals were to contribute to a compliance culture at the company, increase understanding of compliance issues and create an environment of psychological safety where employees could ask important questions without fear.

With four weeks to put together the program for the organization’s 200 employees, Mike and his colleagues focused on low-cost ways to generate interest such as building mystery and suspense.

The week itself was timed to coincide with the annual compliance training, which helped put the training in context.  Seeing an opportunity to leverage a board meeting, an executive at the company invited a board member to speak on a culture of compliance panel that was a part of the weeklong activities.

Listen in to learn more about how Emera made its compliance event a success, and, hopefully, pick up a few tips for your program.  Then, to learn more, come here Mike speak about it at the 2018 Compliance and Ethics Institute.