Fewer Sleepless Nights for Compliance Executives

Improved compliance programs, sufficient resources and board access have meant fewer concerns about personal liability for compliance executives, according to a study by DLA Piper.

In its 2017 Global Compliance & Risk Report, DLA Piper found that 67% of chief compliance officers surveyed said they were at least somewhat concerned about their personal liability and that of their CEOs, which was down from 81% in 2016. And 71% said they made changes to their compliance programs based on recent regulatory events, up from just 21% a year earlier. The study found that globally the compliance function is becoming more independent and prominent in large organizations.

There still remains room for improvement, however, most notably in compliance’s relationship with boards of directors. Directors, surveyed for the first time, were more uneasy, with 82% expressing at least some concern about personal liability. “This is likely related to other findings that show lingering kinks in communications channels and a persistent lack of training for directors. Together, these findings indicate that the relationship between the compliance function and boards needs work—despite efforts taken by organizations to upgrade their compliance program,” DLA Piper said.

In 2016, 77% of compliance executives said they had sufficient resources, clout and board access to support their ability to effectively perform their jobs. This year the number rose to 84% who said they felt that way. The improvement is possibly a reflection of the increased percentage of respondents who had the resources to make changes to their compliance program, compared to 2016, according to the survey.

While more respondents said they are increasingly able to affect change, obtain the resources they need and access senior leadership, however, a larger number said their budget was not high enough to accomplish their goals, from 28% in 2016 to 38%.

Boards had a different view, with 53% of directors agreeing strongly that their compliance group had sufficient resources, clout and board access. This was compared to just 29% of CCOs, which could indicate that CCOs are not effectively communicating their needs, the company said.

Of concern was that many directors appear to be receiving inadequate reporting and training on compliance matters. About a quarter of both CCOs and board members said the compliance function at their organization reports to the board less than once per quarter.

Of training, the report said that in light of a perceived heightened liability exposure for directors, it is puzzling that 44% of director respondents said they hadn’t received any training on compliance issues. Given evolving compliance standards and regulations—such as new Securities and Exchange Commission guidance on conflict minerals and updated DOJ guidance on corporate fraud—it’s arguable that training is more important than ever. Failure to engage in training could amount to a breach of fiduciary duty.

Almost half of respondents, 46%, identified monitoring as the weakest part of their compliance program. Monitoring, however, is particularly important in managing third-party risk, as regulators remain focused on violations related to third parties and as companies struggle to manage sprawling global organizations, DLA Piper said.

Top tools companies use to rate their compliance program:

International Women’s Day: Risk Management Issues to Watch

A 2013 piece on the role of women in risk management remains the most controversial article we’ve ever run in Risk Management magazine and the one that received the most comments and letters to the editor, hands down. Many of those reader comments were…let’s just say less than kind or receptive.

Today, International Women’s Day, offers the perfect opportunity to revisit that article, Woman at Work: Why Women Should Lead Risk Management, and some of our more recent coverage of pressing issues like the wage gap and gender parity at the board level.

The significance of this conversation is ever clearer, given not only the political climate and regulatory concerns, but also the simple data about the bottom line. Just last year, the Peterson Institute for International Economics and EY found that almost a third of companies globally have no women in either board or C-suite positions, 60% have no female board members, 50% have no female top executives, and less than 5% have a female CEO. After analyzing 21,980 publicly traded companies from 91 countries and a wide range of industries, their report, Is Gender Diversity Profitable? Evidence from a Global Study, found that organizations with leadership that is at least 30% female could add up to 6 percentage points to its net margin.

“The impact of having more women in senior leadership on net margin, when a third of companies studied do not, begs the question of what would be the global economic impact if more women rose in the ranks?” said Stephen R. Howe Jr., EY’s U.S. chairman and Americas managing partner. “The research demonstrates that while increasing the number of women directors and CEOs is important, growing the percentage of female leaders in the C-suite would likely benefit the bottom line even more.”

While study after study comes to similar conclusions, a recent report from EY explored why businesses need gender diversity for the innovation to thrive. Five disconnects continue to hold businesses back from achieving gender diversity on their boards, the firm found:

  1. The reality disconnect: Business leaders assume the issue is nearly solved despite little progress within their own companies.
  2. The data disconnect: Companies don’t effectively measure how well women are progressing through the workforce and into senior leadership.
  3. The pipeline disconnect: Organizations aren’t creating pipelines for future female leaders.
  4. The perception and perspective disconnect: Men and women don’t see issues the same way.
  5. The progress disconnect: Different sectors agree on the value of diversity but are making uneven progress toward gender parity.

Check out some of our previous coverage of key issues regarding women in business and risk management specifically:
Equal Work, Unequal Pay: Risks of the Gender Wage Gap
The Wage Gap in the Boardroom
Is the Insurance Industry Improving for Women?
Boards Still Lagging on Gender Parity
Preparing for New Pay Equity Requirements

Boards Still Lagging on Gender Parity

Although women make up nearly half of the workforce in the United States, they represent only 16.9% of board members, according to Catalyst’s “Women on Boards.” Norway tops the list with 40.5%, followed by Sweden with 27% and Finland with 26.8%. Japan, Qatar and Saudi Arabia, meanwhile, are at the bottom of the list with 1.1%, 0.3% and 0.1%, respectively.

Mary Jo White, who chairs the U.S. Securities and Exchange Commission board addressed the issue of board parity global-banner-sealin her remarks to the Women’s Forum of New York on Nov. 19.

White said:

We all have indeed come a long way since 1974. Today, women receive more than half of all bachelors’, masters’ and doctorate degrees, and more than a third of MBAs. Women are approximately half of the total workforce and half of all managers. But there remain areas stubbornly resistant to the progress that objectively should have already occurred. One in the legal profession is the percentage of women who are equity partners at law firms—18%. That number has only increased 2% since 2006, and we had achieved 12.9% back in 1994. Another resistant area is the financial arena—we now account for 29% of senior officials in finance and insurance, and no woman has, for example, ever been CEO of one of the 22 largest U.S. investment banks or financial firms. A third critical area that has been a particular priority for the Women’s Forum of New York is the focus of today’s event: gender diversity in U.S. boardrooms.

Let us be clear at the outset, this is not a pipeline issue. We are here—in numbers, and we are qualified—in numbers. And yet, there are comparatively very few of us in corporate boardrooms—17.5% in Fortune 1000 companies and 19.2% for the S&P 500.

She noted, “As a growing body of research confirms, it is smart business to have your board diversified to reflect the marketplace and benefit from broader perspectives. It is also the right thing to do.” White added that only 3% of Fortune 1000 companies have boards where women make up at least 40%. She recommended that companies keep “a laser-like focus” on gender parity and “reject any notion that there is a shortage of highly qualified candidates.”

According to Catalyst:

Board seats 1Board seats 1-a

Risk Link Roundup

Link Roundup

Here are a few recent articles highlighting some interesting issues that impact the world of risk and insurance. They include information about Hurricane Patricia’s impact on Mexico, corruption in China, the impact of women chosen for cybersecurity posts, some of the deadly dangers present in enclosed areas of ships and a survey about the level of social responsibility of chief executive officers in relation to the gender of their children.

Lessons of Past Disasters Helped Mexico Sidestep the Brunt of a Hurricane

Meteorologists called Hurricane Patricia one of the most ferocious ever seen in the Western Hemisphere, a monster bearing down with unprecedented energy on the Pacific coast of Mexico on Friday as residents and tourists evacuated or hunkered down in fear. But just hours later, the storm had passed over and, despite uprooted trees, landslides blocking some roads and the destruction of humble homes, there were no immediate reports of any deaths or damage to major infrastructure.

China Probes Graft in Angola Oil Deals

Wall Street Journal: Anticorruption investigators are zeroing in on oil deals in Angola by one of China’s biggest energy companies, part of President Xi Jinping’s nearly three-year probe into graft in the industry.

Why Corporate Boards are Picking Women to Fill Cybersecurity Posts

BloombergBusiness: Earlier this year, American International Group Inc. added Linda Mills to its board, attracted partly by her expertise in cybersecurity. In February, Wells Fargo & Co. selected Suzanne Vautrinot for its board for similar reasons. Before that, Walgreens Boots Alliance Inc. picked Janice Babiak. All directors, all focused on cybersecurity, all women.

Safety: The Unseen Killer

MarineLog: Accidents resulting in death or injury on board ships in enclosed spaces continue to occur at unacceptable rates. A shift in the approach to safety management of enclosed spaces on board ships is needed.

CEOs with Daughters Run More Socially Responsible Firms

Harvard Business Review: Henrik Cronqvist of the University of Miami and Frank Yu of China Europe International Business School compared the corporate social responsibility ratings of S&P 500 companies with information about the offspring of their chief executive officers. The researchers found that when a firm was led by a CEO with at least one daughter, it scored an average of 11.9% higher on CSR metrics and spent 13.4% more of its net income on CSR than the median.