The Better Way? Podcast

We are always urging people to "Speak Up": and we have policies, procedures, and hotlines to facilitate "speaking up". But what motivates people to do it? What inhibits speak up? Who are the one's speaking up? And why? In this episode of The Better Way?, Zach and Hui are curious to learn more about the dynamics, complexities, myths, and challenges of “speaking up”—and “whistleblowing,” more broadly—from a true expert on the topic. Enter Professor Kate Kenny, a leading researcher and author on the topic, whose new book, Regulators of Last Resort: Whistleblowers, the Limits of the Law, and the Power of Partnerships, explores how public whistleblowers prevail despite employers' attempts to silence them.

Zach, Hui, and Prof. Kenny bust some common myths about those who make disclosures (like, for example, that all so-called “whistleblowers” are “outsiders”). They discuss the language we should use within an organization to describe speaking up (spoiler alert: stop using the term “whistleblower”). And they use headline-grabbing cases to illustrate the cultural and behavioral dynamics that influence, and sometimes inhibit, individuals’ willingness to speak up about observed misconduct.

The role (and importance) of organizational culture seems to be well understood—in driving business performance, attracting and retaining the best talent, and as a force-field protecting against unethical decision-making and other forms of misconduct. But does all the talk live up to the hype, especially in anxious times? 

 In this episode of The Better Way? podcast, Zach and Hui start a conversation about what we mean by “organizational culture”; the importance of knowing who you are and what you value; and why words, slogans, or marketing alone will never successfully shape culture. They also discuss the challenges organizations face during anxious times; and how an organization’s response can either reinforce—or undermine—it’s stated values.

Corporate monitorships have been in the news a lot lately. From the Department of Justice’s decision to terminate the Glencore monitorship early; to months of headlines about a proposed monitorship associated with Boeing’s guilty plea in the 737 Max criminal case. And so, in this episode of The Better Way?, Zach and Hui, along with special guest Todd Haugh, an associate professor at Indiana University’s Kelley School of Business, ask, well . . . what the heck is going on!?

They also dive deeper into a recent paper co-authored by Hui and Todd called, “Remaking Monitorships: A First Principles Approach to Monitor Effectiveness.” In their paper, and in this discussion, Todd and Hui make the case for improving, not eliminating, monitorships. Topics include defining monitorships (which is trickier than you might think); the importance of measuring monitor effectiveness; the need for multidisciplinary monitorship teams; and an ongoing debate about diversity, equity, and inclusion in the monitorship space.

Finally, our first guest in the new era of The Better Way? podcast! In this episode, Hui and Zach are joined by Jutta Williams, an experienced compliance, privacy, and information security officer—and a noted responsible AI evangelist. Jutta shares her deep knowledge of this curious—and misunderstood topic—in the most relatable and accessible way.

Together, they define key terms; explore (some of) the ethical and strategic risks associated with AI; and then, dive deep into a human-centric approach to AI governance—and to the design and validation of AI systems, more broadly. Be sure to stick around for a striking story about the “human cost” of data. Oh, and of course, this also marks the return of the Better Way? questionnaire.

We always try to start with “why.” And over the last ten or so months, we’ve been asked “why?” a lot—why we’ve been on hiatus for so long and why we left our prior firm. In this episode of The Better Way?, we do our best to answer those questions, while also (and more importantly) sharing the foundational “why” behind our new venture.

In addition to talking about data-driven, human-centered, and evidence-based culture, ethics, and compliance, we discuss: entrepreneurship, the importance of timing, building a different type of consultancy (influenced by a combined decades of experience as the client), taking your own advice, and the importance of protecting an idea that you deeply believe in.

It’s many been months since our last episode, but The Better Way? Podcast is back! In this (our sort of first episode), Zach and Hui return with a special—and timely—discussion about the implications of President Trump’s Executive Order pausing FCPA enforcement. They address the role FCPA enforcement has played in the development of corporate compliance programs, generally, and in the creation of a broader FCPA “industrial complex.”

But this is mostly a forward-looking episode. Zach and Hui share go-forward opportunities for ethics and compliance professionals—opportunities to reevaluate their role, push back on fear-based compliance, and become a new kind of business advisor. Above all, though, they make the case that the pause, while among the hottest topics in compliance, is far from the preeminent ethics issue of our time.