Why A Duck

From Vaudeville to the Silver Screen to the Small Screen, the Marx Brothers made an impact wherever people found them. Now Tom Fox and Mike Volkov have wedded their love of the Marx Brothers with their passion for compliance and bring them into the boardroom to help explain and explore the sometimes-chaotic world of governance, risk-management, ethics and compliance. In this episode Volkov and Fox consider the recently released FCPA Resource Guide, 2nd edition. Highlights from the podcast include:

1.     Is the 2nd edition an update or replacement?

2.     Why was it released now?

3.     What takes precedence; the 2nd Edition or the Evaluation of Corporate Compliance Programs?

4.     What is new in the 2nd Edition?

5.     What are the significant changes from the original FCPA Resource Guide?

6.     The FCPA Resource Guide is the best one volume on all things FCPA. It is a must have for every compliance professional. 

Resources

Mike Volkov

Part 1-Introduction

Part 2-New Case Updates

Part 3-Updated DOJ Policies

Part 4-Legal Issues and Clarifications

Part 5-Effective Compliance Programs and Internal Controls

Tom Fox

Part 1-The New Hallmark

Part 2-FCPA Corporate Enforcement Policy

Part 3-the Accounting Provisions

Part 4-DOJ Policy and Case Law Updates

Part 5-Final Thoughts

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In this five-part series, Mike Volkov and Tom Fox consider COVID-19 from a variety of angles and perspectives; from the Board of Directors, the CCO, the ethical company, new laws and regulations, crisis management and leadership. In this fifth and final episode, we consider the paucity of leadership at the federal level and why this has put businesses at the forefront of leadership during this crisis. Highlights from the podcast include:

1.  Why do we need strong federal leadership?
2. Without federal leadership why is business leadership so important?
3. Will CEOs who signed the Business Roundtable’s Statement on the Purpose of an Organization adhere to those principals in this time of crisis?
4. What time horizons are you considering?
5. Why is trust even more important now?
6. How will the COVID-19 crisis test the mettle of companies in ways never seen in our lifetimes?

Resources

Mike Volkov

Call for Leadership

Absence of Federal Leadership 

Tom Fox

Trust in the Age of Coronavirus 

Final Thoughts

Mike Cherkasky on Testing Your Mettle

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In this five-part series, Mike Volkov and Tom Fox consider COVID-19 from a variety of angles and perspectives; from the Board of Directors, the CCO, the ethical company, new laws and regulations, crisis management and leadership. In this fourth episode, we consider the role of the Chief Compliance Officer and why compliance must step up to the corporate forefront to meet these challenges. Highlights from the podcast include:

1.  Why compliance must NEVER sleep during the coronavirus crisis.
2. What are some of the specific tactics a CCO can employ during the coronavirus crisis?
3. What technological solutions can a CCO bring to bear?
4. What time horizons are you considering?
5. Why the COVID-19 crisis should force you to be creative?
6. Why culture assessments are a key tool for a CCO during this crisis.
7. How will enforcement view the coronavirus crisis three to five years from now?

Resources

Mike Volkov

Business Response

Tom Fox

Getting Started

Specific Tactics a CCO Can Employ

A Video Isn’t Just a Video

Eric Feldman on Culture Assessments During Coronavirus Crisis

According to Frank

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In this five-part series, Mike Volkov and Tom Fox consider COVID-19 from a variety of angles and perspectives; from the Board of Directors, the CCO, the ethical company, new laws and regulations, crisis management and leadership. In this third episode, we consider some of the various laws and regulations impacted by the coronavirus health crisis. Highlights from the podcast include:

1. What new or special challenges are there in the Supply Chain during the COVID-19 crisis?
2. What are changes in employment laws that impact corporations during the coronavirus health crisis? What are some of the employee risks faced during this crisis?
3. What are some of the challenges around data privacy/data protection?
4. What is the Bank Secrecy Act and how does it come into play during COVID-19?
5. How can a corporate monitor help during this crisis?
6. Why compliance must NEVER sleep during the coronavirus crisis.

Resources

Mike Volkov

COVID-19 Supply Chain Risk Lessons

COVID-19: Important Changes to Employment Law

COVID-19: Employee Risks and Privacy

Bank Secrecy Act Compliance During the COVID-19 Crisis

Tom Fox

Boeing Needs a Monitor

Jared Connors on Supply Chain During Coronavirus

Joanne Taylor on Financial Crimes Compliance During Coronavirus

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In this five-part series, Mike Volkov and Tom Fox consider COVID-19 from a variety of angles and perspectives; from the Board of Directors, the CCO, the ethical company, new laws and regulations, crisis management and leadership. In this second episode, we consider the role of the Board of Directors and crisis management. Highlights from the podcast include:

1.  Companies have three significant initial hurdles in the COVID-19 context: (a) Can the business continue to operate while protecting health and safety of employees and stakeholders? (b) If so, how can business continue and operate efficiently? (c) What will be impact on business from discontinuation of related industries?
2. Are you assessing your risks in an ongoing and (almost) daily updating manner?
3. What are your scenario-based financial analyses relating to capital, liquidity, financial health and survival?
4. What is your succession planning?
5. Security, data protection and privacy protocols.

Resources

Mike Volkov

Board Governance Challenges in COVID-19 Crisis

COVID-19: Crisis Management

Tom Fox

Peter Eyre on Navigating the Waters

Mike Cherkasky on Testing Your Mettle

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In this five-part series, Mike Volkov and Tom Fox consider COVID-19 from a variety of angles and perspectives; from the Board of Directors, the CCO, the ethical company, new laws and regulations, crisis management and leadership. In this first episode, we consider the why compliance and ethics are even more important during coronavirus health crisis and what it may all mean going forward. Highlights from the podcast include:

1. Businesses must lead from the top.
2. Ethical decision making must be the guidepost for all decisions.
3. Who are all the stakeholders which need to be considered?
4. There are a variety of stakeholders which must be considered but health and safety should be the Number 1 consideration.
5. Should employees be the No. 1 consideration?
6. How will Gen Z view your company’s actions?

Resources

Mike Volkov-Ethical Business Decisions in the COVID-19 Crisis

Tom Fox–Company Responses

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From Vaudeville to the Silver Screen to the Small Screen, the Marx Brothers made an impact wherever people found them. Now Tom Fox and Mike Volkov have wedded their love of the Marx Brothers with their passion for compliance and bring them into the boardroom to help explain and explore the sometimes-chaotic world of governance, risk-management, ethics and compliance. In this episode they begin a three-part series where they discuss the movie A Night at the Opera and how it informs the 2019 in Compliance, FCPA enforcement actions and Compliance into 2020 and beyond.  In this episode we put on our prognosticator’s turbans and looked into the veiled land of 2020 and beyond in compliance. Highlights from the podcast include:

1.     Why data will become more important in compliance?

2.     You have an ABC compliance program. What about Anti-Trust and Trade Compliance?

3.     How do the OFAC Compliance Framework and Anti-Trust Division Guidance inform ABC compliance?

4.     Where will compliance convergence go in 2020?

5.     Will 2020 be the year of the ‘Ethical Edge’?

6.     What will happen to FCPA enforcement numbers in 2020? What about individual prosecutions.

Resources

Mike Volkov-FCPA Predictions for 2020

Tom Fox–Compliance Insights for 2020 and Beyond

Marx Brothers-The Sanity Clause Scene–YouTube

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From Vaudeville to the Silver Screen to the Small Screen, the Marx Brothers made an impact wherever people found them. Now Tom Fox and Mike Volkov have wedded their love of the Marx Brothers with their passion for compliance and bring them into the boardroom to help explain and explore the sometimes-chaotic world of governance, risk-management, ethics and compliance. In this episode they begin a three-part series where they discuss the movie A Night at the Opera and how it informs the 2019 in Compliance, FCPA enforcement actions and Compliance into 2020 and beyond.  In this episode we review the 2019 FCPA year in enforcement. Highlights from the podcast include:

1.     What were the key lessons learned from SEC enforcement actions in 2019?

2.     What were the key lessons learned from DOJ enforcement actions in 2019?

3.     Why was the Ericsson enforcement action such a stunning resolution?

4.     What was the state of monitorships in 2019?

5.     Why did ‘follow the money’ continue to be critical in 2019?

6.     Did the Yates Memo achieve full expression in 2019?

Resources

Mike Volkov-FCPA Enforcement Highlights

Tom Fox

SEC Enforcement Actions from 2019

Five DOJ Enforcement Actions in 2019

Marx Brothers

The Statement Room Scene-YouTube

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From Vaudeville to the Silver Screen to the Small Screen, the Marx Brothers made an impact wherever people found them. Now Tom Fox and Mike Volkov have wedded their love of the Marx Brothers with their passion for compliance and bring them into the boardroom to help explain and explore the sometimes-chaotic world of governance, risk-management, ethics and compliance. In this episode they begin a three-part series where they discuss the movie A Night at the Opera and how it informs the 2019 in Compliance, FCPA enforcement actions and Compliance into 2020 and beyond.  In this episode we review the year in compliance. Highlights from the podcast include:

1.     Why do many people consider A Night at the Opera the greatest of all Marx Brothers movies? What makes it AFI 100 worthy?

2.     What were some of the key regulatory pronouncements in 2019?

3.     How do the OFAC Compliance Framework and Anti-Trust Division Guidance inform ABC compliance?

4.     Why were the enforcement numbers so great in 2019?

5.     How did the role of compliance professionals strengthen in 2019?

6.     How successful was the DOJ in trying individuals in 2019?

Resources

Mike Volkov-A Record Year in Enforcement and Compliance

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From Vaudeville to the Silver Screen to the Small Screen, the Marx Brothers made an impact wherever people found them. Now Tom Fox and Mike Volkov have wedded their love of the Marx Brothers with their passion for compliance and bring them into the boardroom to help explain and explore the sometimes-chaotic world of governance, risk-management, ethics and compliance. In this episode they discuss the recently announced FCPA enforcement action involving the Swedish telecom company, Ericsson.  Highlights from the podcast include:

1.     What are the underlying facts?

2.     Why didn’t the company obtain full credit under the FCPA Corporate Enforcement Policy?

3.     Was the $1 bn+ fine warranted?

4.     What are the key takeaways for the white-collar defense practitioner?

5.     What are the lessons learned for the compliance practitioner?

6.     Why third-parties continue to be the highest FCPA risk?

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