Jkaplan


Compliance risk – and mitigation – at the top

  Many years ago, the CEO of a client company told me that he wanted to fire another corporate officer there. I asked him what basis he had for this contemplated action and he said it was that the officer had failed to take mandatory compliance training. I responded by […]

Expiration dates for conflicts of interest?

“The past is never dead. It is not even past…” wrote William Faulkner. Should something similar be said of conflicts of interest? While this blog has addressed future COIs it has never previously done so with past ones. The latter was suggested to me by a recent posting in MedPage Today by […]

Managers’ C&E program duties: some drafting tips

One of the essential  ingredients of a compliance & ethics program is having well-articulated and effectively promoted program-related duties for managers. In my latest column in Compliance and Ethics Professional (page 4 of PDF) I offer some suggestions for meeting this challenge. I hope you find it useful.

Learning from Wells Fargo

Although I was a pretty decent student in college my best grade there wasn’t an A. It wasn’t even a B. It was a “C Minus Over an F.” The reason I considered it my best grade – even though it certainly wasn’t my highest one – is that I’d […]

An ethical obscenity

Consider – as my law school professors used to say – the following hypothetical: You are the CEO of  an organization and are looking to hire a head of procurement. You think a good person for the job would be X, who currently works for one of your suppliers. You discuss […]

Synergy – or conflict of interest?

“What used to be a conflict is now a synergy,” said then telecom securities analyst Jack Grubman in an economically frothier time. Conflict of interest aficionados will remember that that story didn’t end well – and not just for Grubman, but the larger industry of which he was a part. […]

Charitable contributions and behavioral ethics

In one of the all-time great episodes of Seinfeld, George falsely tells various of his colleagues around Christmas time that a charitable gift has been given in their respective names to “The Human Fund,” which prompts his boss to give George a company check for $20,000 made out to this […]

Comey, Mueller and conflicts of interest: a thought experiment

According to an article published yesterday in Newsweek: “A majority of American voters believe that Russia investigation special counsel Robert Mueller and former FBI Director James Comey are friends, despite the fact the two men have never visited each other’s homes or spent much time together outside of work.” As […]

Compliance & ethics officers in the realm of bias

Bias and conflicts of interest are, of course, related to each other;  but they also differ, in that the former can be based purely on thoughts (or feelings or beliefs) whereas the latter generally requires something truly tangible, such as an economic or familial relationship. Prior postings on bias – […]

Discipline for C&E violations: four components of program efficacy

For all sorts of reasons, maintaining an effective system of discipline can be  among the most challenging aspects of C&E work. In my latest  column in Compliance & Ethics Professional  (page 2 of attached PDF) I examine the four essential components of such a system. I hope you find it useful.