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The LRN ethics and compliance risk management practices report

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EXECUTIVE SUMMARY<br />

Increased global competition, economic downturn <strong>and</strong> tighter regulation brought greater<br />

pressure on business <strong>and</strong> with it, greater <strong>risk</strong>. Both companies <strong>and</strong> governments worldwide<br />

had to make adjustments to cope with these changes in the business climate. Our 2008 Risk<br />

Management Practices research <strong>report</strong> shows great awareness of these issues – <strong>report</strong>ing<br />

substantive progress towards building more stringent programs to manage <strong>and</strong> mitigate<br />

<strong>risk</strong>s, as tangible steps were taken to develop <strong>and</strong> nurture a more ethical <strong>and</strong> compliant<br />

business environment – at all levels of the organization.<br />

Governments around the world strengthen their collaboration to legislate <strong>and</strong> enforce a<br />

stricter set of rules regulating many facets of business conduct at a global level. <strong>The</strong> U.S.<br />

<strong>and</strong> European governments tightened their monitoring of potential anti-bribery <strong>and</strong> anticorruption<br />

violations. Companies doing business in the U.S. have had to respond to the new<br />

eDiscovery rule that went into effect in 2007, requiring them to account for <strong>and</strong> maintain all<br />

their internal electronic records including emails, instant messages, <strong>and</strong> electronic documents<br />

that might prove critical in investigations. New European regulations regarding electronic<br />

data privacy <strong>and</strong> data protection have affected companies doing business on the continent.<br />

Moving beyond<br />

<strong>compliance</strong>, more<br />

companies are<br />

conducting culture<br />

assessments.<br />

Faced with this surge of new regulatory <strong>compliance</strong> dem<strong>and</strong>s, as well as fresh ethical<br />

challenges posed by a more complex <strong>and</strong> global business environment, companies<br />

attempted to make necessary adjustments. 2007 brought with it new challenges to the<br />

business world <strong>and</strong> important lessons. Sc<strong>and</strong>als like tainted pet food <strong>and</strong> lead paint in<br />

toys made in China were effective reminders about the need to manage <strong>and</strong> reduce <strong>ethics</strong><br />

<strong>and</strong> <strong>compliance</strong> <strong>risk</strong>s, not only within organizations, but also within their networks of<br />

supplier <strong>and</strong> business partners. <strong>The</strong> meltdown of the mortgage sub-prime <strong>and</strong> banking<br />

industries pushed businesses across all industries to re-examine their internal decisionmaking<br />

processes for the types of conflicts of interest <strong>and</strong> long-term ethical <strong>and</strong> reputational<br />

<strong>risk</strong>s. This correlates with the increase in companies performing a corporate-wide “cultural<br />

assessment”, indicating that they are moving beyond just <strong>compliance</strong> into recognizing that<br />

the entire company culture is at stake.<br />

Our research shows that many companies made good progress in managing their <strong>ethics</strong> <strong>and</strong><br />

<strong>compliance</strong> <strong>risk</strong>s programs by conducting holistic business <strong>risk</strong> assessments, strengthening<br />

each of the five key steps of enterprise <strong>risk</strong> <strong>management</strong> <strong>and</strong> intensifying executive <strong>risk</strong><br />

<strong>management</strong> training.<br />

Increasingly more companies integrate their <strong>ethics</strong> <strong>and</strong> <strong>compliance</strong> <strong>risk</strong> assessments into<br />

their enterprise <strong>risk</strong> <strong>management</strong> process. Also, the vast majority of organizations have<br />

implemented at least some of the best <strong>practices</strong> in terms of defining <strong>and</strong> preventing<br />

<strong>risk</strong>s, detecting violations <strong>and</strong> responding to them. Organizations with mature <strong>ethics</strong> <strong>and</strong><br />

<strong>compliance</strong> functions appear to strongly benefit from their prior efforts, having developed<br />

critical experience <strong>and</strong> skills to assess <strong>risk</strong>s, educate employees, <strong>and</strong> minimize violations.<br />

Organizations with newer <strong>ethics</strong> <strong>and</strong> <strong>compliance</strong> departments <strong>and</strong> those with fewer<br />

resources find themselves still with challenges.<br />

<strong>LRN</strong> | 2008 Ethics <strong>and</strong> Compliance Risk Management Practices Report | 3

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