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Geo Political Cyber Warfare And Your Business

The cyber war battlefield has expanded, and your business is now a fighter and a target. A new U.S. Government report explains many reasons for identifying and penalizing Russian hackers, the Russian intelligence...more

Red Notice Newsletter - December 2016

Anticorruption Developments - The U.S. Court of Appeals for the 10th Circuit Rules That the SEC's Use of ALJs is Unconstitutional - On December 27, 2016, the U.S. Court of Appeals for the 10th Circuit ruled 2-1...more

Year In Review: Top Five Biosimilars Deals of 2016

After another milestone year, here are our picks for the top-five biggest deals in the world of biosimilars in 2016: As we reported in January 2016, Mylan N.V. and Momenta Pharmaceuticals, Inc. entered into an...more

This Week in FCPA-Episode 33-the Holiday Season [Video]

Show Notes for Episode 33, week ending December 23, 2016-Holiday edition 1. Odebrecht/Braskem FCPA enforcement action and its global scope and implications. 2. Goldman Sachs further ensnared in 1MDB scandal-C-Suite level...more

Home Depot Evades Shareholder’s Derivative Suit for 2014 Data Breach

Public companies that are proactively working to mitigate “cyber” risks and prepare to respond to potential incidents frequently ask whether a “breach” will lead to litigation, loss of customers, stock price decline, and...more

FCPA Compliance Report-Episode 295-Juliet Lui on cost effective small and medium compliance investigations [Video]

In this episode I visit with Juliet Lui as we discuss how to best handle small and medium investigations in an efficient and cost effective manner. We discuss how such matters often slip through the cracks as they are not...more

Compliance Role in Mitigating Cyber Mayhem

In recent years, attention has been drawn to the impact of cyber and data breaches and the extent to which our organizations remain vulnerable to these threats. The cost of cyber and data security breaches is well known and...more

IP Licenses & Bankruptcy (Part 2 – Seismic Data)

What happens to a license for seismic data when the licensee suffers a bankruptcy event? In Part 1, we looked at a case of bankruptcy of the IP owner. However, what about the case where the licensee is bankrupt? In...more

The New Cybersecurity Law—New Compliance Focus for Enterprises in China

On November 7, 2016, the Standing Committee of the National People’s Congress (NPC) of the People’s Republic of China (PRC) passed the final Cybersecurity Law (CSL) after three rounds of review by the NPC since June 2015....more

How fintech deals are reshaping financial services

As fintech takes a prominent role in the financial services industry, major institutions are looking to capitalise on innovation by working with the most ambitious and brightest startups. In much the same way that...more

Terms And Conditions For Your App: 6 Key Considerations

For corporations, the mobile app is today’s website. Back in the late 1990s, no self-respecting company, no matter how stodgy and old-fashioned, wanted to be without a website. Originally published in Law360,...more

NIST Releases Cybersecurity Guide for Small Businesses

We often hear from small businesses that they do not believe they can be a “target” of hackers, or that they are at risk of a cyber intrusion. This thought is naïve as small businesses are at risk of cyber intrusions, and due...more

Compliance into the Weeds-Episode 19-SEC and Dodd-Frank enforcement going forward [Video]

In this episode, Matt Kelly and I take a deep dive into a couple of issues surrounding the new Trump administration. The first is the 'Trump Risk' disclosure that several companies have made since the election. The second is...more

Cybersecurity liability: Delaware has good news for directors

The Delaware Chancery Court just issued an opinion that will have directors breathing a sigh of relief in connection with cybersecurity risks. In its opinion – Reiter v Fairbank, C.A. No. 11693-CB (Del. Ch. Oct. 18, 2016) –...more

Fintech: Review of Regulatory Regime to attract VC Managers to Singapore

Deputy Prime Minister and Monetary Authority of Singapore (MAS) Chairman Tharman Shanmugaratnam announces review of the regulatory regime for venture capital managers....more

Unfair and Unbalanced-Episode 12 SCCE 2016 CEI, Part II [Video]

In this second part of a two-podcast series, taped live at SCCE’s 15th Annual Compliance & Ethics Institute, Roy and myself get a chance to interact with a live audience and bounce from topic to topic, discussing: 1. A...more

FCPA Compliance Report-Episode 290, Professor Samuel Buell on Capital Offenses [Video]

In this episode, I visit with Duke Law School Professor Samuel Buell about his book Capital Offenses-Business Crime and Punishment in America’s Corporate Age. We explore some of his theories on why corporations are so...more

FCPA Compliance Report-Episode 288-Alison Taylor on the future of stakeholder engagement [Video]

In today’s podcast I chat with Alison Taylor, Director of Advisory Services at BSR, a global nonprofit organization that works with its network of more than 250 member companies and other partners to build a just and...more

OCR Explains How Information Blocking Violates HIPAA

The US Department of Health and Human Services Office for Civil Rights recently posted guidance clarifying that a business associate such as an information technology vendor generally may not block or terminate access by a...more

Failure to Report Uplift Payments, Capacity Sales, Corrective Action Taken, Highlight FERC EQR Audit

The Federal Energy Regulatory Commission’s (FERC) recent audit of a company participating in numerous wholesale power markets highlights errors that can occur with electronic quarterly reports as well as the actions suggested...more

Compliance into the Weeds-Episode 16-SOX reporting & disclosure controls and COSO Framework unity [Video]

In this episode, Matt Kelly and I discuss the differences between SOX 404 reporting controls and 302 disclosure controls. We then pivot to a discussion of the potential merging of the COSO 2013 Framework for controls with the...more

3 Guidelines to Maximize Value of Data

Imagine you are the CEO of company sitting across from an interviewer. The interviewer asks you the age old question, “So tell me about your company’s strengths and weaknesses?” You start thinking about your competitive...more

Fujifilm Kyowa Kirin Biologics Announces Successful Adalimumab Biosimilar Trial Results

On October 19, Fujifilm Kyowa Kirin Biologics (a joint venture between Fujifilm and Kyowa Hakko Kirin), announced successful results in the global Phase 3 study of its Humira® (adalimumab) biosimilar candidate, FKB327. ...more

FCPA Compliance Report-Episode 286-Use of Technology in Supply Chain Risk Management [Video]

Software platforms can provide a lot of efficiencies such as a reduction of time, resources and a more manageable audit trail. Still, software cannot do everything. Subject matter expertise is still essential to building a...more

Capital Markets & Public Companies Quarterly: Potential Shift in SEC’s Proxy Access No-Action Policy and Other New Guidance from...

The third quarter of 2016 saw the US Securities and Exchange Commission (SEC) carry forward its momentum from an active second quarter. Recent developments include new SEC Compliance & Disclosure Interpretations (C&DI) and...more

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