CEP Magazine

  1. Meet Bob Borntrager: Compliance in the public sector

    CEP Magazine - October 2020  | October 2020 

    Bob Borntrager, CCEP, CCEP-I, CHC, CHPC, former (retired) Chief Compliance and Privacy Officer for the County of San Diego in California, USA, and Instructor at San Diego State University Global Campus...

  2. Shifting to the ethical mindset when making data decisions

    CEP Magazine - October 2020  | Authors: Pamela S. Hrubey, Candice M. Moschell  | October 2020 

    Handling personal data ethically is a relatively new concept that requires thinking differently about data privacy and security.[1] Decision-makers and leaders who shift from compliance-based to ethics-driven decisions can provide significant value to their organizations...

  3. Compliance in a work-from-home environment

    CEP Magazine - October 2020  | Author: Robert Bond  | October 2020 

    The lockdown that was imposed during the COVID-19 pandemic has changed forever the way in which many of us work, and remote access to the office infrastructure and working from home may well be the new normal. However, in the first few weeks of lockdown, many of us were working from home in circumstances that were never anticipated by management—and also without the appropriate technical and organizational structures to manage the information and personal data that we were processing. Now we need to ensure that we manage our obligations regarding data protection, confidentiality, and information security if working from home...

  4. When the government comes knocking: Trends in FCPA enforcement actions

    CEP Magazine - October 2020  | Author: Sabrina Skeldon  | October 2020 

    The Foreign Corrupt Practices Act (FCPA) bribery investigation has concluded, and the Department of Justice (DOJ) has determined that no bribery violation has occurred; however, the Securities and Exchange Commission (SEC) subsequently notifies your client that a civil enforcement investigation has been opened into the same conduct for alleged violations of the FCPA internal accounting provisions. What can you expect to face, and how do you navigate the FCPA internal accounting controls enforcement action? What can you learn from recent FCPA enforcement actions?...

  5. Looking to transform corporate culture? Start with core values

    CEP Magazine - October 2020  | Author: Joey Seeber  | October 2020 

    For those of us in compliance, corporate culture probably ranks as one of the least quantifiable business attributes to measure. However, the 2019 MIT Sloan Management Review/Glassdoor Culture 500 report, “Measuring Culture in Leading Companies,” described research by several financial economists who consistently found a correlation between positive corporate culture on one hand and increased profitability and shareholder value on the other.[1] Culture is a reflection of how a company thinks about itself, how it wishes to be regarded in the marketplace, and how it characteristically tackles business challenges, so thinking about culture can help an organization establish a framework...

  6. Weeding through due diligence

    CEP Magazine - October 2020  | Author: Gerry Zack  | October 2020 

    In 2018, Bayer acquired Monsanto, including a product known as Roundup, which was then, as it is now, the subject of numerous lawsuits alleging that it is carcinogenic and has done substantial harm. Bayer has recently been working on a possible $10 billion settlement.[1]...

  7. Meeting DOJ's 2020 guidance on effective reporting and investigations

    CEP Magazine - October 2020  | Authors: Brian Lee, Dian Zhang  | October 2020 

    In its latest guidance for prosecutors, the U.S. Department of Justice called for increased attention to employees’ comfort in speaking up and how compliance departments handle reports.[1] Yet driving proper employee behavior through incentives and disciplinary measures is one of the lowest ranked activities on program maturity, according to our poll of 257 legal and compliance executives...

  8. Does the truth matter?

    CEP Magazine - October 2020  | Author: Steve Priest  | October 2020 

    When I first started consulting in business ethics 30 years ago, I tried to persuade companies to invest a little in ethics and compliance based on their answers to these three questions:...

  9. Effective discipline according to the DOJ

    CEP Magazine - October 2020  | Author: Jeffrey M. Kaplan  | October 2020 

    The Evaluation of Corporate Compliance Programs,[1] updated in June by the Department of Justice (DOJ), is the most significant and evolved set of compliance and ethics program standards ever issued by a US enforcement agenda. While the entire document should be read by compliance and ethics professionals, it is worth paying particular attention to the section on discipline, given the difficulties that this area can pose for companies...

  10. When is documentation too much?

    CEP Magazine - October 2020  | Author: Jennifer L. Kennedy  | October 2020 

    Detail is good. Every project, investigation, and audit requires documentation. But where is the point between enough documentation and too much? Unfortunately, there is no formula, no rubric to follow. Compliance professionals need to determine the documentation to be included and maintained and that which can be discarded on an individual-project basis...

  11. Forget what you learned in school

    CEP Magazine - October 2020  | Author: Kristy Grant-Hart  | October 2020 

    Who wants a gold star or a straight-A report card? You do? I knew it! How did I know? You’re in the compliance profession. Compliance professionals tend to be good students. The very nature of the job involves creating systems so that people follow the rules and don’t fail...

  12. Live training is clearly the best way (or is it?)

    CEP Magazine - October 2020  | Author: Joe Murphy  | October 2020 

    How often have you heard (or even thought) that live training is the only way to go if you want to do it right? On the surface, it makes sense. You picture an engaging, knowledgeable expert challenging the trainees, responding to their questions, and motivating them to do the right thing. What could be better? By contrast, you may picture a deadly procession of PowerPoint slides in unreadable legalese as online training. How could anyone learn from that?...

  13. Recent DOJ compliance policy makes the case for proactive monitoring

    CEP Magazine - October 2020  | Author: Eric R. Feldman  | October 2020 

    On June 1, 2020, the Department of Justice (DOJ), without any fanfare, quietly slipped out its 2020 revision of the Evaluation of Corporate Compliance Programs guidance.[1] As with its predecessors in 2017 and 2019, this update further refines the DOJ’s guidance to companies about how often they should review the structure of their ethics and compliance programs, the importance of a compliance officer’s access to data, and greater clarity on how companies should integrate mergers and acquisitions into their existing programs and corporate culture...

  14. Perfecting the recipe for your ethical culture assessment 'sauce'

    CEP Magazine - October 2020  | Authors: Suzan D. McGinnis, Jinger A. Gustafson  | October 2020 

    How many of you, when visiting a restaurant, order your favorite dish with an extra side of the special house sauce? Do people look at you wondering, “Are those potatoes with a side of sauce, or is that sauce with a side of potatoes?” You really don’t care, because it is so darn good and cannot be replicated, so you are getting your fill when you can. Likewise, compliance and ethics professionals spend countless hours over the course of their careers trying to perfect their “special sauce” or magic formula that can give a reliable indication of the health of...

  15. The importance of humanizing compliance during a global crisis

    CEP Magazine - October 2020  | Author: Neha Gupta  | October 2020 

    Inspiring employees to care about compliance isn’t a challenge new to 2020, but in the midst of a global pandemic, that challenge is understandably magnified. This year, many employees turned their attention to figuring out a remote work environment and adjusting to new expectations and uncertain futures. Those concerns remain valid, and as a result, compliance is not at the forefront of the average employee’s mind...

  16. The everyday, sacred fight against global corruption

    CEP Magazine - October 2020  | Author: Kaleema H. Al-Nur  | October 2020 

    “Law becomes an objective and sterile process that has very little connection to the person […] Therefore it should not be surprising that lawyers experience this sense of separation from the practice of law, even though they are engaged in it on a daily basis.” – David Hall, Esq.[1]...

  17. Building an IT compliance center of excellence

    CEP Magazine - October 2020  | Author: Anushree M. Bag  | October 2020 

    In today’s business world, where known unknowns and unknown unknowns are becoming increasingly prevalent, organizations are being challenged to adopt a business-focused, technology-driven agile mindset. As the business landscape becomes more global, complex, and fast moving, it is critical for organizations to anticipate, identify, and respond to emerging information technology (IT) security and privacy risks quickly and effectively to stay ahead of the game. This article explores the role that an IT compliance center of excellence (CCoE) plays in developing a structured, disciplined approach to managing IT risks...

  18. US Department of Justice updates compliance program evaluation guidance

    CEP Magazine - October 2020  | Author: Sascha Matuszak  | October 2020 

    In June, the United States Department of Justice (DOJ) released an update to its Evaluation of Corporate Compliance Programs[1] based on insights from its own ongoing experience and input from the compliance and business communities. In short, this guidance serves as an invaluable resource for compliance professionals, as it provides helpful insight on key areas of focus and consideration used by the DOJ when evaluating compliance programs and their effectiveness. As such, when any updates and/or changes to this important resource are published, they are closely followed...

  19. Cryptocurrency provider tightens compliance in face of widespread fraud

    CEP Magazine - October 2020  | Author: Sascha Matuszak  | October 2020 

    LocalBitcoins, a Finnish peer-to-peer bitcoin marketplace plagued by criminal transactions, has spent the past year bolstering its compliance functions[1] after a study found that the marketplace processed the most criminal transactions of any cryptocurrency platform in the world...

  20. EU court strikes down Privacy Shield

    CEP Magazine - October 2020  | Author: Sascha Matuszak  | October 2020 

    On July 16, the Court of Justice of the European Union declared the European Commission’s July 2016 decision on the adequacy of the privacy protection provided by the EU-US Privacy Shield as invalid.[1] As a result, the EU-US Privacy Shield framework is no longer a valid mechanism to comply with General Data Protection Regulation (GDPR) requirements when transferring personal data from the European Union to the United States. The decision does not, however, relieve participants in the EU-US Privacy Shield of their obligations under the framework...

  21. Meet Peter C. Anderson: Righting the compliance ship

    CEP Magazine - September 2020  | Author: Adam Turteltaub  | September 2020 

    AT: Do you have an overarching philosophy or mindset toward compliance?...

  22. Sharpen M&A with compliance and ethics due diligence

    CEP Magazine - September 2020  | Author: Rebecca Rohr, Esq., CCEP, CCEP-I  | September 2020 

    Companies that are evaluating targets for mergers and acquisitions (M&A) should include compliance and ethics in their due diligence—but these issues are sometimes overlooked in the fast pace of the deal. Compliance and ethics professionals can make a convincing case to their colleagues handling the M&A deal to ensure that diligence on a target company includes legal and regulatory compliance and the company’s culture of ethics. Such M&A diligence is even more important in light of compliance challenges due to the coronavirus pandemic...

  23. Organize your data today for smooth and lucrative mergers tomorrow

    CEP Magazine - September 2020  | Author: Vishal Sunak  | September 2020 

    Since the Department of Justice released its Evaluation of Corporate Compliance Programs,[1] many experts have addressed the importance of adequate compliance-based due diligence throughout the mergers and acquisition (M&A) process...

  24. 'Making the numbers': How compliance can boost ethical sales behavior

    CEP Magazine - September 2020  | Author: Ken Kluvo  | September 2020 

    In today’s ultra-competitive business environment, organizations and their frontline sales teams are seeking every advantage possible to drive profitable revenue growth. But this can create challenges and internal friction points that will lead to unethical and sometime unlawful behaviors. Since an organization’s sales professionals are typically the face of the company to the outside world, what can an organization’s leadership do to ensure an environment and culture are in place to produce highly ethical behaviors on the part of their sales team?...

  25. Make compliance risk assessment your program's foundation

    CEP Magazine - September 2020  | Author: Matthew Tuchow  | September 2020 

    I have yet to hear of an organization with unlimited resources to devote to compliance. To determine where to focus those limited resources, a risk assessment is a great tool. Risk assessment is a critical element of an effective compliance program, and in many ways, it should serve as its foundation. It helps an organization make an educated decision on which risks to prioritize given the reality that not all risks can be mitigated; even the top risks cannot be mitigated at the same pace...