Compliance Counsel

6 days ago


New Orleans, United States thyssenkrupp Full time

Group Presentation

thyssenkrupp is an international industrial and technology company employing around 96,000 people. Across 48 countries it generated sales of €41 billion in fiscal 2021/2022. Since October 1, 2023, the business activities have been bundled into five segments: Automotive Technology, Decarbon Technologies, Materials Services, Steel Europe and Marine Systems. Backed by extensive technological know-how, the businesses develop cost-effective and resource-friendly solutions to the challenges of the future. Around 3,600 employees work in research and development at 75 locations all over the world, mainly in the fields of climate protection, the energy transition, digital transformation in the industry and mobility of the future. thyssenkrupp currently has a portfolio of approximately 17,370 patents and utility models. Under the thyssenkrupp umbrella brand the company creates long-term value with innovative products, technologies and services and contributes to a better life for future generations. To this end, the company pursues ambitious climate protection targets and optimizes its own energy and climate efficiency. At the same time, it uses its diverse abilities along the relevant value chains to play a significant role in driving forward its customers' green transformation. thyssenkrupp is listed in the MDAX index. thyssenkrupp shares are traded on Frankfurt Stock Exchange (symbol: TKA) and as American depositary receipts (symbol: TKAMY) in the USA.

Your Responsibilities

thyssenkrupp's Corporate Function "Legal & Compliance" is a bifurcated team reporting ultimately to one Group General Counsel/Head of Legal & Compliance/Chief Legal Officer, with the Legal and Compliance groups within the team overseeing different areas of responsibility, but frequently collaborating on a variety of matters.

Each company within the thyssenkrupp group participates in the thyssenkrupp global and group-wide Compliance Program. The Compliance half of the Legal & Compliance team has sole responsibility for all legal advising and Compliance Program activities (e.g., awareness and training on relevant legislation and regulations as well as internal policies, risk assessments and workshops, audits and investigations, proceedings before authorities, dawn raids, data breaches and cyber events, remediation and corrective actions, etc.) relating to "core Compliance" topics as defined by thyssenkrupp's Compliance Program - viz., antitrust/competition law; antibribery law, lobbying, and similar laws relating to corruption prevention; foreign trade law (in particular, export control and economic sanctions); data privacy/protection; and prevention of money-laundering and terrorist financing.

The Compliance Counsel Investigations role is a contributor to the Legal & Compliance team based in thyssenkrupp's Regional Platform North America (located in Chicago), thyssenkrupp's corporate headquarters for the North America region, but will work remotely in an international business environment primarily on Compliance investigations (whistleblower and event-driven) and Compliance audits concerning thyssenkrupp group companies (which includes over 14,500 employees) in the US, Canada, and Mexico.

The Compliance Counsel Investigation will report directly to the Head of Compliance North America. The position may also collaborate from time to time with members of the Legal & Compliance Investigation team based in Corporate headquarters in Germany, and may collaborate as needed with relevant stakeholders including but not limited to Internal Audit, Human Resources, IT, and other business colleagues in North America and globally.

Primary Duties and Responsibilities

  • Conduct whistleblower and event-driven investigations of alleged violations of the Company's ethical standards and non-compliance with applicable national/state/local laws and regulations, as well as internal corporate regulations and policies.
  • Contribute to annual audit planning and conduct Compliance audits relating to the "core Compliance" topics.
  • Ensure investigations and audits follow approved processes, are lawfully and objectively conducted, are thorough in gathering all material facts and present an accurate accounting of the issues.
  • Provide supporting evidence and defend the findings and recommendations made regarding identified compliance deficiencies and gaps.
  • Preparation of clear, concise, and factual investigation and audit reports that enable fair and relevant decisions to be made, including organizational measures, personal sanctions, corrective actions, remediation, or other improvements to thyssenkrupp's Global Compliance Program and its local implantation at group companies.
  • Recommend proactive measures that will reduce the risk of similar future incidents.
  • Tracking of implementation of corrective actions and related documentation.
  • Collaborate with Internal Audit on anticorruption and other Compliance audits, as appropriate.
  • Manage outside counsel and/or external consultants and auditors, as needed.
  • Manage data collection and e-search in a highly complex, un-centralized/fragmented, and multijurisdictional environment in light of various applicable data protection/data privacy laws.

Your Profile

Education and License:

  • JD from an accredited law school and bar license required.
  • CFE (Certified Fraud Examiner) is a plus, but not required.

Required Experience:

  • 3-5 years' minimum relevant law firm or government experience relating to white collar criminal defense practice or prosecution, internal and government investigations/enforcement actions relating to corporate malfeasance (e.g., FCPA, criminal antitrust, sanctions or export control evasion, money laundering, securities or complex fraud, etc).
  • Experience with cross-border discovery and GDPR (esp. conflict between GDPR and US laws) is preferred, but not required.
  • Experience collaborating with auditors and forensic specialists.
  • Experience interviewing in the context of internal or criminal investigations.
  • Experience dealing with cyber-attacks and forensic investigation, data breaches and remediation is a plus, but not required.

Personal Attributes and Traits:

  • Ability to work as an individual and on a team with a high level of integrity and professionalism in a complex, highly collaborative, fast-paced, geographically dispersed international and multicultural environment.
  • Self-motivated, resourceful, willingness to follow developments in the law and continue learning, and ability to complete matters without extensive supervision.
  • Strong organizational skills, especially as relates to project planning, time management, organization of evidence, maintaining of key documents/data, meticulous note-keeping, attention to details.
  • Discrete, even-tempered and cool, with ability to diplomatically manage sophisticated stakeholders in highly sensitive situations.
  • Strong understanding of workings of attorney client privilege and work product doctrine in investigation and audit contexts.
  • Strong networking and interpersonal communication and persuasion skills. Ability to develop strong working relationships with senior management; demonstrated skills in client management.
  • Sound business judgment, with the ability to recognize the business consequences of legal advice.
  • Strong cross-cultural sensitivity; can work with differences in style and cultures, and adjust work and communication style accordingly.
  • Excellent communication and writing skills.
  • Proven ability to build collaborative partnerships at all levels of a highly-matrixed global organization.

Languages:

  • Reading and writing proficiency in Spanish, Portuguese or French is preferred, but not required.

Working Conditions

  • Working environment is primarily remote, but candidate must be able to travel to the Chicagoland area on a quarterly basis, to various group company locations in US, Mexico and Canada as needed for investigation or audit activities, and potentially to Germany (max. once annually).
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