Compliance Perspectives

SCCE
Compliance Perspectives

Podcast featuring the top Compliance and Ethics thought leaders from around the globe. The Society of Corporate Compliance and Ethics and the Health Care Compliance Association will keep you up to date on enforcement trends, current events, and best practices in the compliance and ethics arena. To submit ideas and questions, please email: service@corporatecompliance.org

  1. 2 DAYS AGO

    Stephen Cohen on the SEC and Whistleblower Restrictions [Podcast]

    By Adam Turteltaub It’s one thing if a company wants to protect its trade secrets. But, what if it wants to keep its dirty little secrets from getting out? Then, the SEC may want to step in. Stephen Cohen (LinkedIn), partner at Sidley Austin, and a former senior leader in the Enforcement Division at the SEC, explain in this podcast that, to understand the issue, we need to look back to the Dodd-Frank Act. The law led to the SEC whistleblower program and included anti-retaliation authority. The SEC believed it had implicit authority to punish efforts that impeded direct communication by whistleblowers with the Commission and its staff. Both the SEC and CFTC have created similar rules prohibiting organization and individuals from taking any action that inhibits someone communicating directly with the SEC about a possible securities law violation. The SEC has interpreted that to mean that language in non-disclosure and severance agreements, codes of conduct, policies and elsewhere that either require employees to report issues internally rather than to the government, or require non-disclosure to the government as a condition of severance, are illegal. Several companies have since run afoul of the SEC on this issue, with cases going back to 2015. So what should companies do? For one, make sure that they are properly balancing the need to protect confidentiality without interfering with whistleblowing. Watch for language prohibiting disclosure of information to third parties that doesn’t provide an exception for the government. Be on the lookout, too, for policies requiring departing employees to attest that they did not disclose information to the government. Look, too, at what your employment agreements say. Likewise, watch what language you include in agreements with your third parties. The SEC looks askance, there, too, to language that it perceives would inhibit reporting of wrongdoing. Listen in to learn more about this evolving issue and its many pitfalls. Listen now

    13 min
  2. NOV 12

    Debbie Hennelly on How to be Successful When Promoted [Podcast]

    By Adam Turteltaub There is an expectation in many, if not most people, that at some point they will, or should be, promoted. But how do you know if you are ready? And, once you are promoted, what does it take to succeed in your new role? To find the answers we spoke with compliance veteran, Debbie Hennelly, Founder & President of Resiliti. The first piece of advice she shares is that not everyone needs or wants to be a manager. For many it’s okay to say that they love being a subject matter expert and advisor, and they aren’t ready, or maybe never will be ready, to be something else. If you are looking to move up, how do you know you are ready? She reports that you don’t until you are actually in the job. That’s especially true for compliance people, since we who often don’t benefit from the leadership and management training that is given to other parts of the organization. Once in the role, let the team know that you value them. If there was someone else on it that you beat out for the role, acknowledge the situation and let the person know you recognize the sensitivities and hope to earn their trust. If you are new to the organization, know that it’s okay and better to spend the first 90 days doing a lot more listening than talking. Resist the urge to make changes until you have a better understanding of the organization’s culture. Also, take the time to introduce yourself to peers and leaders. Ask them about their roles and how you can support them. Listen in to learn more about how to step up successfully. Listen now

    15 min
  3. NOV 7

    Carolina Santos de Silva and Pauline Blondet on Selling Your Compliance Program [Podcast]

    By Adam Turteltaub What if you had a compliance program and nobody noticed? It’s not likely. But what if you had a compliance program, and nobody understood what it did? That, sadly, is more than a bit of an ongoing problem. To take on that challenge we spoke with Carolina Santos de Silva, Head of Ethics & Compliance EMEA for Bridgestone EMEA and Pauline Blondet, Co-Owner and Chief Operating Officer of Upright Solutions. The two recently published the article “How to Sell Ethics and Compliance to your Organization” in the October issue of Ethikos. They persuasively argue in this podcast for compliance teams to think about their product, brand and having a robust message. Start with your product. Is it ethics, ethics and compliance, integrity? Think through which best defines what you are offering. Your brand is the image the compliance team communicates within the organization and what differentiates you from other departments. It needs to reflect the department’s message. From the brand will come a pitch, or your department’s elevator speech. It should introduce yourself, present your why or purpose, explain what it is that the organization is facing as a challenge and introduce the solution you are providing, and include a call to action. Some other pieces of advice they offer are: * Define who your target audiences are, including an assessment of where they are when it comes to compliance, what you expect from them and what the gaps are. * To gain leadership support, help them understand the broader compliance context in which the organization operates. * Don’t assume leadership understands its role within a compliance program. Show them and then thank them when they help. * Seek out as many touchpoints with the workforce as possible. * Remember that who sends the message can be just as important as the message itself. Listen in to learn more about strategic and innovative ways to sell your compliance program internally. Listen now

    14 min
4.8
out of 5
33 Ratings

About

Podcast featuring the top Compliance and Ethics thought leaders from around the globe. The Society of Corporate Compliance and Ethics and the Health Care Compliance Association will keep you up to date on enforcement trends, current events, and best practices in the compliance and ethics arena. To submit ideas and questions, please email: service@corporatecompliance.org

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