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Legal and Regulatory Compliance Functions

Video Purpose


To provide an overview of legal and regulatory compliance functions, ethical considerations, and environmental responsibilities for businesses.


Key Takeaways


  • Businesses must navigate complex layers of laws, regulations, and ethical requirements across multiple domains
  • Personal and corporate culpability can arise from both actions and omissions related to legal/regulatory compliance
  • Environmental and economic considerations are deeply interconnected, requiring holistic ethical frameworks
  • Effective compliance programs should be proactively designed to prevent and detect potential criminal conduct


Federal Sentencing Guidelines for Ethics Programs


  • Seven components required for effective compliance and ethics programs
  • Aim to promote ethical organizational culture and legal compliance
  • Programs must be reasonably designed, implemented, and enforced


Layers of Business Compliance Requirements


  • Multifaceted regulations across business lifecycle stages
  • "Alphabet soup" of laws and regulatory agencies (e.g. IRS, SEC, FDA)
  • Compliance needs evolve as businesses grow and change


Personal Culpability and Common Legal Violations


  • Tax compliance, environmental regulations, driving laws as examples
  • Ignorance of law not an excuse; intent (mens rea) impacts culpability
  • Psychological factors like deference to authority can lead to unethical actions


Economic Justifications for Regulatory Coercion


  • Addressing issues like free riders, negative externalities, public goods
  • Examples: sewage disposal, driving competency, health insurance, pollution
  • Balancing individual freedoms with societal costs/benefits


Ethical Integrity in Business


  • Completeness and internal consistency of principles
  • Considering goodness, truth, and beauty holistically
  • Applying different modes of reasoning and philosophical frameworks


Marketing and Sales Ethics


  • Analyzing needs, emotional appeals, credibility, logic in sales approaches
  • Ethical considerations vary by marketing method and level of invasiveness
  • Framework: respect autonomy, transparency, non-maleficence, societal benefit


Environmental Laws and Ethical Considerations


  • Nested spheres of environmental impact from individual to global level
  • Interconnectedness of environment and economy
  • Need for intelligent feedback loops and holistic perspective


Conclusions


  • Develop compliance programs tailored to specific business activities and risks
  • Proactively consider ethical implications beyond just legal requirements
  • Implement systems to detect and report potential compliance issues
  • Cultivate organizational culture of ethics and integrity
  • Ensure key performance indicators (KPIs) are tuned for measuring ethics program effectiveness.

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