FCPA Compliance Report

Welcome 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 Creative Business [00:20:49]

 Notable Quotes

1.     "Let's once more into the breach, dear friends."

2.     "2022 really was sort of the year of the defamation cases."

3.     "TV and film producers are finding inspiration in podcasts they're listening to."

4.     "It's not just chat GPT, but the AI, in general, has become a hot-button issue here in the first quarter of 20 23 when we're recording this."

 Episode Links

Firemark Law

Gordon Firemark on LinkedIn

Connect with Tom Fox on LinkedIn

For more on Gordon's Easy Legal for Podcasts program, click here.

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Welcome 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 this will result in more focused prosecutions than Deferred Prosecution Agreements, although it should make settlements easier. This collaboration between the UK and the U.S. will be a lasting legacy of our time.

 Key Highlights 

Economic Crime Legislation in the UK [00:04:49]

The Potential Impact of a New U.S. Bill on Global Businesses [00:08:40]

The Cost of Increased Business Regulation [00:12:24]

Sharing Information and Improving Access between Regulated Entities and the National Crime Agency [00:16:34]

The Impact of US-UK Relationships on Prosecutions and Deferred Prosecution Agreements [00:20:49]

The Challenges of Settling Issues in the UK [00:24:36]

 Notable Quotes 

1.     "So if you have a fraud offense, then a corporate doing probably doing any business in the UK, or having a presence in the business in the UK, so it could be one in the US, it could be one anywhere in the world, anywhere in the world with presence business in the UK, would be corporately criminally liable if it failed to prevent fraud unless it had a series of adequate procedures in place to prevent that." 

2.     "It's something we call the 'guidance in mind' test. They are the brains of the company and they've got to be involved for the corporates to be criminally live criminally liable." 

3.     "Bribery is defined in in our legislation as offering something with intention of causing another person to improperly perform their duties. Fraud takes a few forms, worth essentially is deceit of one kind or another, sometimes with the abuse of trust or over opposition to trust." 

4.     "It's not entirely clear what that is because we haven't have ton of cases. But it's a registered office, a large part of your business, or even a smaller part of your business, a trading arm, perhaps doing your accounts here. Probably something a little bit more than trading on the UK stock exchange, but not much more is enough to have a part of your business in the UK.""

 Episode Links

RPC

Sam Tate

Bribery: a Compliance Handbook

Connect with Tom Fox on LinkedIn

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Welcome 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 Control Regulations and Restrictions [00:04:51]

The Effectiveness of the China Select Committee in the House of Representatives. [00:09:19]

The Role of Bipartisanship in Overlapping Authorities [00:12:51]

Impact of U.S. Computer Chip Industry Subsidies [00:16:37]

The Presidential Authority and the US-Taiwan Relationship [00:20:19]

The Potential of Retaliatory Measures in China [00:23:42]

Navigating Chinese Investment in the US Amid Changing Protocols[00:28:14]

The Impact of Commerce on Bilateral Relationships [00:32:13]

 Impact of China on Western Companies and Semiconductor Industry [00:40:01]

Exploring Business Opportunities in Changing China-US Relations [00:44:11]

US-China Relations and Their Impact on Global Politics [00:48:02]

The Impact of Congressional Hearings on Chinese Companies and Businesses Partnering with China [00:51:53]

Reforming the NDAA Process in 2024[00:56:00]

Original Source:

HHR House Committee on Strategic Competition.mov from Hughes Hubbard & Reed LLP on Vimeo.

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Welcome 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 certain belief system that is packaged into a certain package that also kind of incorporates a product, reach of service and really consolidates everything that the customer would resonate with." 

2.     “I've developed a system where that I go through every clients, a methodology, where we look into the into the branch world from all possible angles." 

3.     “It's like falling in love. Like, you have to have certain elements in place that would then trigger the spark. So it's the same thing with a brand. Like, the brand needs to get its foundational elements in place so that people when they discover it, they really kind of fall in love with the brand and with the product, and then the advocacy you know, becomes natural because when we find what we like, we simply just naturally want to share it with people." 

4.     "Good UX definitely helps to make people interested in what we have to offer. When we discover brand online and we come to the website, how we experience the website will determine whether the brand will hook us in or not." 

 Episode Links

Karalyte

Connect with Egle Karalyte on LinkedIn

Connect with Tom Fox on LinkedIn

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Welcome 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 Decision [00:26:09]

1.      "And they were basically paying kickbacks to their they know who the physicians are, who are their largest prescribers of their drugs. And they were paying kickbacks to encourage them to basically discourage them from prescribing their competitors’ products and to direct it to them." 

2.     "What happened here is that Mallinckrodt improperly calculated their rebate by claiming that drug that they developed in 1990 was actually termed a new drug in 2013. And so that allowed them to greatly decrease the amount of the rebate that they would have owed to the Medicaid program."" 

3.    "It's another kind of false billing scenario. It was notable to me that we had 2 big settlements."

4.     "The whistleblower had accused the Association of basically shifting costs that it shouldn't have been reimbursing onto the Florida Medicaid program. 

 Resources:

Mary Inman on Linkedin

Constantine Cannon

Tom Fox on LinkedIn

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Welcome 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 Communication Between Employees and Managers

·      Reporting Issues to Managers: Examining the Results of a Recent Report

·      The Importance of Managerial Leadership in Ethical Decision Making

·      The Importance of Making it Easier for Employees to Report Issues

1.    "Employee willingness to raise their hand stayed pretty steady." 

2.    "It's a lot easier to be a jerk behind a keyboard than it is to be a jerk to somebody's face." 

3.    "The reason we have non retaliation language in our code is because information is a gift." 

4.    "Think of the information as a gift, practice thinking of the information as a gift, and then your responsibility as the manager is to listen and follow-up." 

Resources:

Ethisphere Resources

·      Ethisphere

·      2023 Ethical Culture Report

Connect with Erica Salmon Byrne

●      LinkedIn

Connect with Tom Fox

●      LinkedIn

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Welcome 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:

 [00:04:24] Process Improvement to Avoid Violations and Effect Positive Change in Company Culture

[00:09:19] The Effects of the Monaco Memorandum on Corporate Compliance Practice

[00:14:35] ABB's Impressive Performance During an Investigation and Remediation Period

[00:18:42] The C-Suite's Responsibility in Organizations

[00:23:21] The Impact of Experiences on Assessing Business Decisions

[00:28:05] The SEC Inquiry on McDonald's precipitated by Steve Easterbrook's Removal

[00:32:24] The Significance of Delaware Courts in Regards to Corporate Law

[00:37:13] The Functions of Corporate Boards During Times of Crisis.

Tune in and listen to Eric as he educates us around the need to report extraordinary circumstances to the Department of Justice.

 Resources:

Connect with Tom Fox

●      LinkedIn

Connect with Eric Young

●      Guidepost Solutions

●      LinkedIn

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Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Susan Divers, Director of Thought Leadership at LRN to discuss LRN’s 2023 Program Effectiveness Report.  In this episode, Susan and I discuss making your ethics and compliance program is as effective as possible. We include a consideration of the gulf between high performing and less effective programs as well as the impact of the pandemic on compliance;  the importance of empowering middle managers and involving them more in ethics and compliance. Susan also explains why companies need to upgrade their systems to make them more effective, particularly in the data component. 

Key Takeaways:

 [00:04:50] The Pandemic's Effects on Compliance Programs

[00:09:17] Decreased Engagement of Senior Management in Ethics and Compliance Throughout the Pandemic

[00:13:52] The Importance of Upgrading Data Systems for Optimal Compliance

[00:18:26] Proof the Program has Been Successful in Improving Student Achievement.

 Act now and use the link below to obtain a copy of the Report at no cost. It's the perfect way to learn more about ensuring your ethics and compliance program is as effective as it should be.

Resources:

Connect with Tom Fox

●      LinkedIn

Connect with Susan Divers

●      LinkedIn

Download the LRN 2023 Program Effectiveness Report

●      LRN

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Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Alastair Parr, SVP of Global Products & Delivery at Prevalent to discuss developments in third-party risk management. In this episode we consider:

·      Why is a comprehensive 3rd risk management solution not simply a nice to have but a must to have now? 

·      Why is 3rd party risk management so much critical after the pandemic and the Russian invasion of Ukraine?

·      Improving the UX for TPRM.

·      Why has simplifying the UX for TPRM eluded most providers so far?

·      How can the UX be improved so the information which is the most vital and most relevant is captured and more importantly can be actioned?

·      How can the process of obtaining TPRM information to implementing controls to manage the risk be improved?

·      How can companies automate data gathering by using a single targeted assessment by building in targeted compliance mappings for legal or regulatory requirements?

·      Other areas of compliance such as modern slavery and human trafficking?

·      The continued evolution of 3rd party risk management into 2025 and beyond.

Resources

Alastair Parr on LinkedIn

Prevalent

Being a Compliance Officer is Awesome on Amazon.com

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Welcome to the award-winning FCPA Compliance Report, the longest running podcast in compliance. In this special episode, I am joined by Morrison and Foerster partner James Koukios to discuss the recent Kenneth Polite speech announcing changes to the Department of Justice Corporate Enforcement Policy.

In this episode we consider:

Resources

Kenneth Polite Speech

Updated CEP

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