In November, the University of Texas Law School closed the curtain on a unique compliance series designed to teach compliance through basic core tenets. The modules, which aired in September and November, were moderated by one of your columnists. Our firm helped the University of Texas Law School design the modules to provide guidance to compliance professionals seeking to develop a compliance program.

UT lined up some big names from a range of industries who traveled to Austin, Texas to film the modules: Daniel Trujillo, Walmart; Jay Martin, Baker Hughes/GE; Lori Fink and Ed Kolto, AT&T; Cara Viglucci, Millicom; and Kristen Savelle, Stanford University. Students at the film school filmed the series. The only disappointment was when the rumored guest appearance of Matthew McConaughey started by one of your columnists to attract top speakers turned out to be untrue.

The series focused on how to design a compliance program that works with the business. Not an anti-corruption program. Not a trade program. Or privacy. A program designed to address any subject matter by focusing on the core tenets of leadership, risk assessment, policies and procedures, training and awareness, and monitoring and response/audits. The series showed how these core tenets tie back to a regulatory framework and are adaptable to any program irrespective of the subject matter and business line.

The speakers delved into each substantive area and offered practical advice for audience members trying to put together an effective compliance program. For instance, the speakers discussed how to develop a risk assessment process that utilizes data, addressed key elements of an effective policy or procedure, and reviewed six steps to a successful training program. In addition to the “how to” advice, the speakers discussed how key elements work at their respective companies. Jay Martin spoke about how Baker Hughes/GE has enhanced its risk assessment process by discussing business risk in the context of operations with relevant stakeholders. Daniel Trujillo noted that immediately after joining Walmart, he and Jay Jorgensen (Walmart's global chief ethics & compliance officer) placed significant effort on finding the right talent for roles throughout their program, which includes 14 subject matters across 11 markets. He commented that a key ingredient to Walmart's program is designing around the business. Martin agreed, noting that understanding the business is the first step for any compliance professional. Cara Viglucci provided some golden rules for conducting internal investigations. Ed Kolto and Lori Fink discussed AT&T's risk-based approach to screening and monitoring third parties.

While the speakers focused on core tenets of a compliance program, some key themes emerged. The speakers noted that simplicity and sustainability are key to integrating the program into the business. And that program design should focus on the end-user of the program—the business. A video recording of the program is available online here.

Stanford Law School's Rock Center for Corporate Governance also participated in the series. Kristen Savelle, managing director for the Rock Center for Corporate Governance, provided a blizzard of 2016 data points on how program components impact various settlements. For instance, Savelle noted:

• 60 percent of entity groups have been required to assume an ongoing compliance obligation as part of an FCPA resolution with the government.
• About 44 percent of entity groups sued that were required to assume an ongoing compliance obligation were required to retain an independent monitor. Monitors are tied to mitigating factors, and may also be tied to remedial measures and the state of the company's compliance program.
• Companies expressly disclosed enhancing internal controls or compliance policies/procedures in 21 percent of investigations.
• The government called out remedial measures voluntarily undertaken by a company in 68 percent of enforcement actions involving an entity defendant.
• Of the 38 nonprosecution agreements against entity defendants, 37 reference cooperation, 35 reference voluntary remedial measures, and 29 reference voluntary disclosure.

Stanford's data was pulled from its FCPA Clearinghouse database (http://fcpa.stanford.edu). The free database is catnip for compliance professionals seeking to evaluate how various components of program design are incorporated into settlements. And the UT series is a must see for any compliance professional trying to build a simple and sustainable program.

Ryan McConnell, Meagan Baker and Stephanie Bustamante are lawyers at R. McConnell Group—a compliance and internal investigations boutique law firm in Houston, Texas. McConnell is a former assistant U.S. Attorney in Houston who has taught criminal procedure and corporate compliance at the University of Houston Law Center. Baker and Bustamante's work at the firm focuses on risk and compliance issues in addition to assisting clients with responding to compliance failures. Send column ideas to [email protected]. Follow the firm on Twitter at @rmcconnellgroup.