This time Eric talks about three aspects of an effective response to conflicts of interest. First, we discuss written standards and how a code of conduct and other materials can interplay effectively to provide helpful resources on conflicts. Second, Eric discusses disclosures, the piece of the puzzle that many organizations still do not include in their program. Eric discusses a little on how to deploy a disclosure process and what content questionnaires should include. Finally, we discuss generally what you’ll want to cover with training and communication.
Eric also mentions a new FREE webinar that we will be having with SAI Global later this month. It’s titled “You Did What? U.S. Department of Justice Expectations for Ethics and Compliance Programs in 2018” and you can register for it here.
This week Eric tackles what “monitoring” means in the context of a compliance and ethics program. We break it down into three main concepts. First, applying a “risk-based” process to monitoring means understanding your risks, applying those controls you have (including monitoring) and then evaluating those controls for effectiveness. Second, Eric spends a little time talking about the processes, tools and systems that generally comprise compliance monitoring. Finally, Eric talks about the important “feedback loop” of monitoring data that helps an organization spot trends and issues and improve their monitoring — and their entire program.
This time Eric discusses what makes a “risk-based” training program. Many organizations are in the thick of getting ready to roll out their training this spring, and it’s a good time to consider what you do to train your stakeholders on compliance risks. We talk about the February 2017 Evaluation of Corporate Compliance Programs memo from the Fraud Section at the Department of Justice. In particular, we focus on how recent guidance talks about “tailored” training programs, how we must focus on the training program process at the front AND back ends, and Eric also talks a little about the use of data to show effectiveness. All in all, getting to a risk-based training program has some clear goals and steps.
Eric also urges any last-minute participants to join him tomorrow, February 28, 2018, for an informative webinar on code of conduct development from the Clear Law Institute. Get your CLE or CCB credits!!
Eric, like a lot of people in the USA this Spring, is getting over a unexpected bout of the flu. It got him thinking about compliance during crisis events and how compliance interacts with business continuity planning. We spend some time talking about some ways compliance should be involved.
Apologies for the poor sound quality this week — Eric will be back about a whisper next week with a new topic!
Now Eric is going to rest and get some fluids. But please check out the webinar he’s giving on February 28th at 3PM ET on Code of Conduct best practices here: https://clearlawinstitute.com/shop/webinars/updating-your-code-of-conduct-best-practices/
This time we focus on the next horizon for “effective” written standards: the stand-alone compliance policy. While many organizations have tackled their code of conduct, written policies still woefully suffer from some of the same ailments we’ve cured in our codes. Eric takes time to talk about the differences between a code project and getting your arms around written policies, including the challenges with different stakeholders. We then discuss three different areas to keep in mind when starting a policy revision process.
For those interested in revising policies or code of conduct, Eric is leading a webinar on February 28th at 3PM ET, Updating Your Code of Conduct: Best Practices, just click the title for more information.