Risk Management

Irish Central Bank Opens Its Door for AIFMD Business

by Conor Durkin, Aaron Mulcahy, Declan O’Sullivan | Dechert LLP on 5/17/2013

The Central Bank of Ireland (Central Bank) is now accepting applications for authorisation under the Alternative Investment Fund Managers Directive (AIFMD) on an informal basis. Applications can be made on the Central Bank’s...more

Scam Artists From Texas And Compliance Risk Management

by Thomas Fox on 5/15/2013

Billie Sol Estes died yesterday and when it comes to scam artists from the great state of Texas, before there was Allen Stanford and his magical Certificates of Deposits located in his private bank in Antigua, there was...more

Four Key Board Responsibilities for Monitoring Risk and Compliance

by NAVEX Global on 5/13/2013

Introduction: High Pressure Regulatory Environment - Now more than ever, there is increased regulatory pressure on organizations – and their Boards of Directors – to create and maintain effective ethics and compliance...more

Law360 Quotes Steve Pearlman on Keeping Whistleblower Complaints In-House

by Harris M. Mufson, Daniel Saperstein | Proskauer - Whistleblowing & Retaliation on 5/9/2013

In a Law360 article (subscription required), Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, offered ways for companies to minimize their potential whistleblower liability....more

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

by Jonathan M. Cohen, Katrina Johnson | Gilbert LLP on 5/9/2013

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,...more

Second Circuit Further Curtails Duty of Prudence Claims in Saint Vincent Catholic Medical Centers v. Morgan Stanley

by Jennifer Clark, Angelo Savino | Cozen O'Connor on 5/8/2013

In a line of recent cases, the 2nd Circuit has limited ERISA plaintiffs’ claims for breach of the duty of prudence by holding that investments of benefit plan funds in employer securities pursuant to plans calling for such...more

REGULATORY: Government Relations; Environmental: Crisis Management: Risks and Strategies

by King & Spalding on 5/7/2013

The King & Spalding Energy Forum on Crisis Management took place in Houston on March 28, 2013, and was broadcast live via webinar. Tracie Renfroe, a partner at King & Spalding’s Houston office, moderated the panel discussion...more

From The Compact Model To The Luxury Model – Managing Your Third Party Risk

by Thomas Fox on 5/1/2013

I am currently attending the Hanson Wade Oil and Gas Supply Chain Compliance conference in Houston. The event is excellent and the presentations have been ‘spot on’ for the nuts and bolts of how to do compliance. As the...more

Anti-Corruption High-Risk Audits

by Michael Volkov on 4/29/2013

The Justice Department and the SEC should be credited with promoting new compliance strategies and best practices. Whatever you may think about the DOJ/SEC FCPA enforcement program, they have pushed businesses to enhance...more

Why You Should Think About An Anti-Corruption Compliance Program

by Christopher McLeod | Dentons on 4/25/2013

With anti-corruption enforcement intensifying around the world, companies (particularly those operating in regions where corrupt practices are widespread) are implementing and reviewing anti-corruption programs to ensure...more

Risk Management in Social Media

by Greentarget on 4/24/2013

Two stories playing out today have our attention for similar reasons. Both examples relate to the influence of social media, namely Twitter, as a function of risk management....more

Reporting, clearing and risk mitigation rules for derivatives under European law in 2013 – the impact on buy side entities

by Andrew Henderson | Ropes & Gray LLP on 4/23/2013

A few provisions of the Regulation on Derivative Transactions, Central Counterparties and Trade Repositories, known as the European Market Infrastructure Regulation 648/2012 (“EMIR”) are now in effect throughout the European...more

TRANSACTIONAL: Project Development/Finance: Key Considerations in Energy Take-or-Pay Contracts

by King & Spalding on 4/22/2013

Perhaps the most common type of off-take contract in a large scale energy project is the take-or-pay contract. A properly constructed take-or-pay contract provides the seller with an assured revenue stream that ensures an...more

EPA Draft Vapor Intrusion Guidance Is Now Subject To Public Comment

by William J. Walsh | Pepper Hamilton LLP on 4/22/2013

The Environmental Protection Agency (EPA) has released and is seeking comments on draft general guidance on methods of addressing indoor vapor intrusion (VI) from contaminated soil and groundwater plumes (Draft VI Guidance)...more

REGULATORY: EU Competition Law: EU Competition Law and Joint Sales in LNG

by King & Spalding on 4/16/2013

Liberalization of the EU natural gas sector began almost two decades ago. Since then, the European Commission (the “Commission”) has used various mechanisms to facilitate market opening including competition law enforcement,...more

Multi-Agency Guidance on Leveraged Lending Practices

by Orrick, Herrington & Sutcliffe LLP on 4/11/2013

On March 21, 2013, the Office of the Comptroller of the Currency (“OCC”), the Board of Governors of the Federal Reserve System (“Federal Reserve”) and the Federal Deposit Insurance Corporation (“FDIC”) (collectively, the...more

SEC Highlights Compliance and Ethics for Broker-Dealers

by David Smyth | Brooks Pierce on 4/11/2013

On Tuesday the SEC held a National Compliance Outreach Program for Broker-Dealers at an open meeting at its D.C. headquarters. The first panel – titled The Role of Compliance and Ethics – was nominally targeted to...more

India: The Quixotic Balancing Of Benefits And Risks

by Michael Volkov on 4/11/2013

I used to say – if your business operates in China, you are likely violating the FCPA in one way or another. Permit me to revise my admonition: if your business operates in India, you are likely violating the FCPA in one...more

U.S. Regulators Issue Final Guidance on Leveraged Lending

by Andrew Herr | Osler, Hoskin & Harcourt LLP on 4/9/2013

On March 22, 2013, U.S. regulators, consisting of the Office of the Controller of the Currency (OCC), the Board of Governors of the Federal Reserve System (Federal Reserve) and the Federal Deposit Insurance Corporation (FDIC...more

EPA Clarifies "Innocent Tenant" Liability Under CERCLA

by Emily Lamond, Robert Lawrence | Orrick, Herrington & Sutcliffe LLP on 4/8/2013

Recent EPA guidance imposes new environmental due diligence and compliance requirements on prospective commercial and industrial tenants. The guidance purports to clarify an exemption from liability, but actually confirms...more

BANKING AND FINANCIAL INSTITUTIONS CLIENT UPDATE: Emerging Thoughts and Reactions to Federal Financial Institutions Examination...

by Norman Antin, Mark Goldschmidt, Jeffrey Haas, Kevin Houlihan, Joseph Passaic, Jonathan Pavony, David Teeples | Patton Boggs LLP on 4/5/2013

On January 22, 2013, the Federal Financial Institutions Examination Council (FFIEC) released proposed guidance regarding the use of social media by federally regulated financial institutions. ...more

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters