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Something New? (so what?)

LEGAL QUICK HIT: New Age Training and Communications Techniques ACC Compliance and Ethics Committee May 21, 2013 Ryan Berry, Esq. Amy Hutchens, Esq. Jason B. Meyer, Esq.

   Ryan  C.  Berry,  Esq. •  Womble Carlyle Sandridge & Rice LLP •  Risk mitigation, crisis response,

investigations, and litigation in support of federal contractors and multi-national corporations.

Formerly… •  Acquisitions Management Officer in the

United States Air Force •  Program Management Consultant for ACS

Defense  

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Amy  E.  Hutchens,  JD,  CCEP •  General Counsel, Vice President

Compliance & Ethics Services for Watermark Risk Management International, LLC

•  Certified Corporate Compliance & Ethics Professional

•  15+ years of compliance and ethics experience in the government and commercial sectors

•  Formerly a Judge Advocate General in the United States Air Force and Special Assistant United States Attorney

•  Assists clients of all sizes with meeting he requirements of the US Federal Sentencing Guidelines and Federal Acquisition Regulation

Jason  B.  Meyer,  Esq.  •  Independent Compliance Consultant

and Corporate Counsel –  20+ years of innovation in legal and

compliance education for professional adults –  Led the education efforts for three providers

•  Group Counsel, B&B Holdings Pennington NJ and Midvale UT

Formerly… •  General Manager of Education Solutions, LRN

•  CLO /CCO and SVP, Compliance & Ethics, EduNeering

•  Founder and Publisher, LAWCAST® Continuing Legal Education and News Services

•  Chair, NJCCA Ethics, Compliance & Corporate Governance Comm.

•  Program Co-Chair, ACC Compliance and Ethics Comm. for 2010 ACC Annual Meeting

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•  Low engagement – employees checking out •  Online training fatigue •  Mismatch between tech-savvy learners and lame

training •  Behavior is not improving!

The  Challenges  

Something new?

•  Shorter

•  Humor

•  Gaming

•  Mobile

•  Social

•  The Future State

•  Questions and Answers

Ideas  and  Examples  

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Shorter!  

•  Like attention spans •  NOT just for millennials •  Like marketing

–  Trade length for frequency of ‘impressions’

•  Tech empowers: –  The mix –  The personalization –  The flexibility for the global and mobile workforce –  The speed –  The tracking –  Proof of training efforts

Shorter!  

Examples: •  Introductory modules

–  Animations / montages / personal remarks

–  Build awareness and interest

•  Reinforce and refresh •  Move beyond annual training – be honest, do you

remember things you see only once a year? •  Periodic communication is in addition to training •  “Old is new again” use existing technology: texts, email,

Yammer, pay statements, office marquis, screen savers, password screen

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Humor!  

Examples:

•  RealBiz Shorts (Second City/Corpedia)

•  The Working Dead, et. al. (LRN)

•  Cheesy and homemade (Greg Walters, Esq., HUD: Gregory.S.Walters@hud.gov)

Humor!  

•  Part of the mix

•  Concern: dilution of message

•  “NOT for everyone” … Really?

•  Tech empowers:

–  The mix

–  Gimmickry without value •  Don’t throw educational and behavioral principles out

the window for the sake of humor or technology

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Gaming!  

•  GAMIFICATION ≠ a game, or an avatar, or even badges

Gaming!  

•  Gamification is using game elements to encourage engagement –  Challenges

–  Experimentation & multiple attempt

–  Social engagement

–  Rewards

–  Natural competitiveness

Disciple:

•  Karl Kapp: www.ulqcl.com/kappnotes/

Source: Andrzej Marczewski (@daverage) http://marczewski.me.uk/2013/02/25/gamification-and-serious-games/

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Gaming!  

Examples: •  Complex branching scenarios

–  Watch how you score!

•  True Office (Accelus/Thomson Reuters)

•  The Resolver (LRN)

•  Cheesy and homemade – can work!

Mobile!  

•  Tablet v Phone: mythbusting •  Harder than it looks •  The Learners’ Limits

–  Whose time?

–  Whose bandwidth?

–  BUT: whose need?

•  Global/Mobile •  Offline workforce

“The last thing you do with a mobile phone is make a phone call.” - Sir Ken Robinson, ASTD 5/20/13

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Three  Kinds  of  “Learning”  

Mobile!   Tablet Examples: •  Traditional e-learning (HTML5)

•  Just seeing iPad ‘native’ courseware

Smartphone Examples:

•  Mobile event reporting (Sherpa)

•  Many ways to be mobile

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Mobile!  

The Promise: •  Performance Support

•  The true mobile-enabled code?

•  On demand

The Challenge: •  Tracking

•  Wage and Hour

Source: The ELearning Guild

Social!  

•  Informal learning

•  Crowd-sourced learning

•  Co-Creation

•  Uniformity

•  Mentors – tried and true

•  But can you… –  Trust that you are not replicating the

culture-killers?

–  Take the heat?

–  Stand to let it run free?

Disciples:

Jane Bozarth (@JaneBozarth): www.bozarthzone.com

Jane Hart (@C4LPT): http://c4lpt.co.uk/

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Social!  

Examples:

•  Dell’s Code of Conduct

The Promise: •  Crowd-sourced cultural

reinforcement…

•  Co-creation gives a personal stake in result

Source: Page Motes (Page_Motes@Dell.com) IMAGE NOT FOR RE-DISTRIBUTION

It’s About Behavior, Not Just Rules Overcoming generations of school-yard culture

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The  Future!   •  A data driven mix, matched to profile and user •  Informal, DIY, and crowd-sourced •  On demand / pull not push •  BUT! It still has to be managed, tracked, curated

Every company is a publisher now SO ARE YOU!

It’s all about less of THIS….

Jason.meyer@lrn.com Thanks!

JasonBMeyerEsq@me.com @MeyerJasonB 609-534-3535 Amy.Hutchens@wrmi-llc.com> @EthiFocus 703-909-8884 Ryan.Berry@wcsr.com @ryan_berry 703-394-2231 NEXT LEGAL QUICK HIT: June 18, 2013 ELEMENT 4: Monitoring, Evaluation & Reporting

QuesYons?