Thomas Fox (JD Supra United States)

2393 results for Thomas Fox (JD Supra United States)

  • Leadership Week: Part 5, Leading Yourself First

    Today, I conclude my exploration of several aspect of leadership that every Chief Compliance Officer (CCO) can utilize by focusing on the decision-making process that General Dwight Eisenhower used around the one factor he could not control around the D-Day invasion – the weather.

  • Leadership Week: Part 4, Sgt. Pepper’s Lonely Hearts Club Band

    I continue my exploration of different ways to think about leadership by considering perhaps the most iconic album cover in the history of rock and roll, Sgt. Pepper’s Lonely Hearts Club Band. In Rolling Stone article, entitled “Beatles’ Iconic ‘Sgt. Pepper’ Art: 10 Things You Didn’t Know”, Colin Fleming wrote about the concept and execution. Fleming described it as “wonderful swirl of visuals,...

  • Leadership Week: Part 3, the Stoics Guide to Business Leadership

    Today, we dip back into ancient history for some leadership lessons that every Chief Compliance Officer (CCO) should take to heart, by considering the Greek and Roman philosophers, the Stoics. You can draw a straight line from the Stoics to the British wisdom of “Keep Calm and Carry On”. From the American side of things that also translates into the maxim that when faced with an obstacle you...

  • Leadership Week: Part 2, Leadership Lessons from the Father of Texas

    Today we continue to look at leadership from a variety of angles and approaches as celebrate the Father of Texas, Stephen F. Austin. Most people think Sam Houston was the father of this great state but it was the person for whom our state capital is named. Austin was the man who led the colonization of Texas in the early 1830s and was one of Texas’ earliest political leaders. He was appointed by...

  • Leadership Week: Part 1- Catch 22

    This week I will be looking at leadership issues for the Chief Compliance Officer (CCO) from a variety of disparate sources: history, literature, culture and music. Today, I begin with one of the most the most famous books and movies from the second half of the 20th century; Catch 22. While it may not seem apparent on first blush it has several lesson for the business leader to learn going...

  • A Primer on Policies and Procedures

    Today, I conclude my five-part series on a Primer on FCPA Compliance. I end with a piece on policies and procedures. There are numerous reasons to put some serious work into your policies and procedures. They are certainly a first line of defense when the government comes knocking. The 2020 FCPA Resource Guide made clear that “Whether a company has policies and procedures that outline...

  • A Primer on Gifts and Business Entertainment

    If one were to reflect upon the providing of gifts and business entertainment to foreign governmental officials, one might reasonably conclude that after 40 years of the FCPA, companies might follow its prescriptions regarding gifts and business entertainment. However, there have been some notable FCPA enforcement actions in this area.

  • A Primer on Charitable Donations and Political Contributions

    This week has seemingly turned into a series of blogs posts which are primers for areas which are still of concern under the Foreign Corrupt Practices Act (FCPA) and for compliance professionals. I previously looked at facilitation payments, extortion payments. Today I provide a primer on charitable donations and political contributions. I will also provide primers on gifts and business...

  • A Primer on Extortion Payments

    Yesterday, I posted a short primer on facilitation payments. Today, I want to take up another issue which embroils compliance officers from time to time; that being extortion payments. For compliance officers’ purposes, extortion payments are not illegal under the Foreign Corrupt Practices Act (FCPA). Extortion payments are made for any action which threatens or demands payment for life, liberty,

  • A Primer on Facilitation Payments

    One of the more confusing areas of the FCPA is in that of facilitation payments. Facilitation payments are small bribes but make no mistake about it, they are bribes. For that reason, many companies feel they are inconsistent with a company culture of doing business ethically and in compliance with laws prohibiting corruption and bribery. Further, the 2020 FCPA Resource Guide, 2nd edition...

  • Whistleblowers And The Exit Interview

    I moderated a Keynote Panel Thursday at the Ethics & Compliance Initiative’s (ECI) 2021 IMPACT Conference. On the panel were Greg Keating, partner at Epstein Becker Green, Dr. Kyle Welch, Assistant Professor at George Washington University and Dr. Pat Harned, CEO of ECI. Our topic was whistleblowers, recent reports on whistleblower activity over the past year and whistleblower retaliation....

  • Compliance and the ‘Unethical Request’

    I recently visited with Dr. Pat Harned, President of the Ethics & Compliance Initiative (ECI), about the organization’s 2021 Global Business Ethics Survey (GBES). While a multitude of factors influence ethical behavior, the GBES reported that the interplay of four major ethics outcomes are tied to the daily decisions employees make with respect to how they behave in the workplace. These are:...

  • Decision Making Processes for a CCO

    One of the things a Chief Compliance Officer (CCO) must do is to make decisions. What is your decision making process? I was interested by an article in HBR.org, entitled “11 Myths About Decision-Making”, authored by Cheryl Strauss Einhorn. I was very intrigued by her statement that “Ultimately your decision needs to come from a clear understanding of your needs, values, and goals”. In other...

  • Psychological Safety, Compliance and the Return to Work

    The news from the Ethics & Compliance Initiative (ECI) 2021 Global Business Ethics Survey (GBES) regarding whistleblower retaliation was disturbing at best. The GBES practically screamed out, “retaliation rates have skyrocketed”. The GBES has been tracking this key metric for almost 15 years and retaliation has been steadily increasing, with a jump from 22% in 2013 to 44% in 2017. In 2020,...

  • Ex-Braskem CEO Pleads Guilty to FCPA Charges

    It is rare that a Chief Executive Officer (CEO) of a company pleads guilty to a criminal Foreign Corrupt Practices Act (FCPA) action. It is even rarer yet when that CEO runs a multi-billion dollar company. Yet that is what happened last week when, according to a Department of Justice (DOJ) Press Release (EDNY), “Jose Carlos Grubisich, the former chief executive officer of Braskem S.A. (Braskem),...

  • Internal Reporting System Best Practices

    What are some best practices regarding an internal reporting system? The 2020 FCPA Resource Guide stated, “An effective compliance program should include a mechanism for an organization’s employees and others to report suspected or actual misconduct or violations of the company’s policies on a confidential basis and without fear of retaliation.”

  • A Farewell to Bernie: Internal Reporting

    Bernie Madoff died yesterday. I cannot think of one person who embodied so many of the things that the compliance profession stands against than Madoff. From fraud, to lying, to ruining lives and about everything in between; it was all wrapped up in Madoff. Given the complete failure of the Securities and Exchange Commission (SEC) to shut Madoff down after whistleblower Harry Markopolis alerted...

  • The Integrity Analytics Collective

    This week on the Compliance Podcast Network, I am running a multi-part podcast series, Smart Automation for Risk Management, sponsored by Lextegrity Inc. As a part of this series, I had the opportunity to visit with Parth Chanda, CEO of Lextegrity. We visited about the Lextegrity led Integrity Analytics Collective.

  • Using Data for Compliance Integration

    This week on the Compliance Podcast Network, I am running a multi-part podcast series, Smart Automation for Risk Management, sponsored by Lextegrity Inc. As a part of this series, I had the opportunity to visit with Kara Bonitatibus, Head of Product. We took a deep dive into a variety of uses for data analytics in a compliance regime.

  • Risk Monitoring With Data Analytics

    This week on the Compliance Podcast Network, I am running a multi-part podcast series, Smart Automation for Risk Management, sponsored by Lextegrity Inc. As a part of this series, I had the opportunity to visit with Andy Miller, Chief Analytics at Lextegrity. We took a deep dive into risk monitoring through data analytics.

  • A New Record and New CCO Skillset: Innovation in Compliance – Part 3

    Today we celebrate Hank Aaron’s record-breaking home run number 715 hit on this day in 1974. According to This Day in History, “a crowd of 53,775 people, the largest in the history of Atlanta-Fulton County Stadium, was with Aaron that night to cheer when he hit a 4th inning pitch off the Los Angeles Dodgers’ Al Downing. However, as Aaron was an African American who had received death threats and...

  • Preserving Egyptian Antiquities and Innovation in Compliance – Part 2

    Today we celebrate a little remembered incident from the Kennedy Administration. On this date in 1961, President Kennedy sent a letter to Congress in which he recommended the US participate in an international campaign to preserve ancient temples and historic monuments in the Nile Valley of Egypt. According to This Day in History, President Kennedy “believed that America’s participation in the...

  • A Declaration of War, a Vote of Conscience and Innovation in Compliance - Part 1

    On this date in 1917, the United States declared war on Imperial Germany, which entered America into World War I (WWI). The Declaration was largely brought on by Germany’s policy of unrestricted submarine warfare designed to starve Britain out of the war before the US could mobilize enough troops to make a difference in the conflict. Germany also made the additional strategic blunder of offering...

  • Gordon Liddy and When to Pull the Plug on Compliance Initiatives

    Gordon Liddy died last week. He was one of the men who ran the White House Plumbers Unit which concocted and ran an abortive burglary at the Watergate Hotel of the Democratic National Committee in 1971. Their harebrained and bungled effort led to their arrests. He was, as described by his New York Timesobituary, a “cloak-and-dagger lawyer who masterminded dirty tricks for the White House and...

  • 2021 WME Awards: Part 4 – Communications and Training

    The Ethisphere 2021 World’s Most Ethical (WME) companies awards and reports were released last week. Over this week I have been examining these reports and information about the WME companies. There were three reports issued in conjunction with the 2021 World’s Most Ethical Companies; leading practices on managing a global workforce effectively, leading practices on managing third-parties risks,...

  • 2021 WME Awards: Part 3 – Third Party Risk Management

    The Ethisphere 2021 World’s Most Ethical (WME) companies awards and reports are out. Over the next few posts, I will be examining these reports and information. We will look at three reports issued in conjunction with the 2021 World’s Most Ethical Companies; leading practices on managing a global workforce effectively, leading practices on managing third-parties risks, and leading practices in...

  • 2021 WME Awards: Part 2 – Remotely Managing a Global Workforce Effectively

    The Ethisphere 2021 World’s Most Ethical (WME) companies awards and reports are out. Over the next few posts, I will be examining these reports and information. We will look at three reports issued in conjunction with the 2021 World’s Most Ethical Companies; leading practices on managing a global workforce effectively, leading practices on managing third-parties risks, and leading practices in...

  • 2021 WME Awards: Part 1 – The Ethics Premium

    The Ethisphere 2021 World’s Most Ethical (WME) companies awards and reports are out. Over the next few posts, I will be examining these reports and information together with Erica Salmon Byrne, Executive Vice President and Chair of Business Ethics Leadership Alliance (BELA), Ethisphere. In today’s blog, I am going to consider the 2021 World’s Most Ethical Companies awards, sliced and diced in a...

  • Compliance Hiring Lessons from a Coach Hiring Disaster: The Dénouement

    What has been the fallout from the Kansas University (KU) hiring and firing of its football coach Les Miles? Miles’ departure came three days after he was put on administrative leave after allegations of sexual harassment surfaced from his prior employer, Louisiana State University (LSU). These allegations were reported in an internal investigation report completed by the law firm of Taylor,...

  • Compliance Hiring Lessons from a Coach Hiring Disaster: The Fallout

    What has been the fallout from the Kansas University (KU) hiring and firing of its football coach Les Miles? Miles’ departure came three days after he was put on administrative leave after allegations of sexual harassment surfaced from his prior employer, Louisiana State University (LSU). These allegations were reported in an internal investigation report completed by the law firm of Taylor,...

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