Thanks to Rees Morrison, for mentioning this blog is his long-running blog on law department management. He has compiled a very interesting list of blogs on corporate ethics and compliance.
Archive for the ‘Uncategorized’ Category
Nice to be noticed
May 23, 2009Another CEO for Golden Rule Management
May 4, 2009Another vote for really, truly treating employees like teammates — for managing by the Golden and Silver Rules and thereby building a successful business — from Richard Teerlink, the retired chairman of Harley-Davidson. I recommend his recent comments, as reported by my friend Anne Ciesla Bancroft in her very substantive blog on managing workforce reductions. Anne is an employment lawyer with Fox Rothschild. She reports that:
During his 18 years with Harley-Davidson, Teerlink led the successful cultural transformation of the company based on the premise that “people are an organization’s only sustainable competitive advantage.”
Here here! And unlike some former leaders of major American manufacturers, I don’t think Teerlink has come to this conclusion recently.
Words from The Boss
May 2, 2009
Went to see the boss Wednesday night, April 29. As in, The Boss. Springsteen. Last concert ever, by anyone, in Philadelphia’s Spectrum, and one of the best concerts, ever, that I have seen.
And, even when it comes to business ethics, Bruce said it all.
I’ve done my best to live the right way
I get up every morning and go to work each day….Mister I ain’t a boy, no I’m a man
And I believe in a promised land
PS. Props to Nils Lofgren for his guitar solo on “Youngstown.” No one bettter.
Behavioral Econ Part II: Managing like you like it (and like them)
April 27, 2009More thoughts on my April 25 post on behavioral economics and behavior change. This gets to the nub of what I want this blog to be (mostly) about.
Randy Cohen‘s anecdote made me think of another that appears in my no-question favorite management book: “It’s Your Ship,” by D. Michael Abrashoff. The story is about the owner of an industrial repair shop who kept his tools in a tool-issue room to avoid theft and losses. He paid the custodian of the tool-issue room $35,000 a year (this was c. 1990), and his workers spent part of their day standing in line to check tools in and out. So the owner did away with the tool issue room. No more lines. And over the next year, he spent only $2,000 to replace tools.
As Abrashoff puts it, a “lack of trust was costing him money.”
Bingo. Beware of the processes that get in the way of compliance. Beware of bureaucracy that takes the name of compliance but really has nothing to do with your company staying on the right side of law and ethics, because that busy-work only makes your team resent your legitimate compliance efforts. And beware of processes that may be contrary to your tone at the top.
There are things you’ve got to button down in tight processes, like, say FCPA compliance. Then there are areas where clearly and repeatedly communicating a vision and mission — and not contradicting them with your actions – goes a long way. (Balance. An obvious point, right?)
And let me take this moment to give a fan’s rave to Abrashoff’s book. It’s the story of his time as captain of a US Navy destroyer, and how he used simple, commonsense trust and communication — treating his sailors as he would expect to be treated– to lead it to excellence. I’ve lead companies or business teams for more than 20 years of my career, and I’ve read a lot of management books — this is the one that, as I read it, I kept nodding my head. “Yes, that’s right!”, I kept saying. (I got real annoying to my family about it.) And there’s no diluting his approach by saying that a commercial executive can’t enforce the order and discipline that a military leader can; as Abrashoff notes, he was the ultimate middle-manager — with ranks of superiors above him and an immense bureaucracy surrounding him.
This book also carries an interesting history, to me, anyway. It was published in 2002, but demand made it disappear from book store shelves overnight in the fall of 2007, when it was mentioned on Monday Night Football as the inspirational leadership guidance for Bengals QB and Captain Carson Palmer.
Ethics in ethics training
April 20, 2009Interesting appellate decision spotted by lawyer Howard J. Susser of Boston’s Burns & Levinson LLP: The copyright case is a cautionary tale to compliance trainers who build their course materials by cutting, pasting, borrowing, and lightly paraphrasing from somebody else’s course, like maybe from a PowerPoint made available at a conference or from a course provided by a vendor that their company’s not using anymore. (I’m shocked, shocked….)
Well, that’s copyright infringement. In Situation Management Systems, Inc., v. ASP Consulting, LLC (1st Cir. March 19, 2009), the First Circuit Court of Appeals nails one training company for using another’s course materials as a template for its own. (The opinion is available at the Court’s website.) The Court says those courses are “original expression,” even if they are “vapid” and “filled with generalizations, platitudes, and observations of the obvious.”
In his article posted by the firm, Mr. Susser concludes: “What this decision means is that companies and individuals risk exposure when copying for commercial purposes any training materials or other commercial business materials from competitors or other sources.”
We ought to know better, given our concern with compliance. It’s kinda like a movie exec downloading bootleg films. Hurts to be hoisted on one’s own ethical petard.
Golden rule management ala Berkun
April 13, 2009Really nice exposition of management by the Golden and Silver Rules, by consultant and author Scott Berkun.
In fact, the old Rule gets an explicit mention in #7 of Berkun’s “Top Ten Reasons Managers Become Great.
“Practice of the golden rule. It’s funny how well known this little gem is, and rare in life people follow it. But I think anyone in power who believes in it, and treats all of their employees the same way they truly would want to be treated, or even better, treats employees as they actually want to be treated, will always be a decent, above average manager. A deeply moral person can’t help but do better than most people, as treating people with respect, honesty and trust are the 3 things I suspect most people wish they could get from their bosses.”
Other reasons he lists: great managers “Enjoy Helping People Grow” and (speaking of ethics) and “Instrinctively correct[] bad behavior within their own team.”
And thanks to my son Rob for referring Scott’s post to me.
“Shareholder Value” and short-term thinking
March 13, 2009Can short-term thinking in a business leader be ethical… at least when the survival of the business is not at stake? Isn’t there something intrinsically wrong about sacrificing the future for the sake of the present?
Valuing the long-term over the short-term is at the heart of a lot of messages that company management gives to employees about ethics. When we say, “Don’t approve a shipment of peanut paste that you know is tainted,” we are really saying, “We don’t want you to sacrifice the company’s future reputation and sales for the sake of filling this one, immediate order.”
So not being hypocritical about that message in the top-level business decisions we make adds a bit of a challenge in maintaining our “tone at the top,” eh?
And so it seemed ethically obvious when Jack Welch told the Financial Times on March 12, that the “obsession with short-term profits and share price gains that has dominated the corporate world for over 20 years was ‘a dumb idea.’ Welch says now that the concept of “shareholder value” that he championed was never supposed to be a be-all-and-end-all.
According to the Financial Times:
Mr Welch said last week he never meant to suggest that setting, and meeting, profit expectations quarter after quarter in an effort to boost a company’s share price should be the main goal of corporate executives.
“On the face of it, shareholder value is the dumbest idea in the world,” he said. “Shareholder value is a result, not a strategy . . . Your main constituencies are your employees, your customers and your products.”
At least, that’s what he says now.
Lawyer sport: nice plea, Bernie
March 13, 2009Anybody read all of Bernie Madoff’s allocution when he pled guilty? I pasted it, below.
It sounds like an odd mea culpa. But it’s actually a neat, precise bit of lawyering. Put aside the lives he shattered, and you can almost enjoy the way his defense team tracks the required elements of the crimes to which he pled guilty — foreclosing any challenge to the judge’s acceptance of the plea — and still closes the door on any broader culpability by Madoff or his cohort.
I like what I saw one compliance guy say – that he’s tired of being asked at parties about Madoff, because it means people are confusing blatant criminal behavior (which criminals will always engage in) with insidious unethical behavior (which may be mitigated).
(Tip for those of us with, um, tired vision — click towards the bottom right corner of the frame below to see the allocution in “full screen” mode.)