News & Analysis as of

Policies and Procedures

Three Considerations of Document Proposal

by Dentons on

Reviewing and revising a law practice's document retention and disposal practices is an aspirational goal for many law firms. Indeed, setting such a policy can be quite difficult. One reason is that the rules of professional...more

Office of Civil Rights announces $2.4M settlement with Texas Health System for release of patient name

On May 10, 2017, the Office of Civil Rights (OCR) announced a $2.4M settlement with Memorial Hermann Health System, a not-for-profit health system located in Southeast Texas, which is comprised of 16 hospitals and specialty...more

See You In Court! – May 2017

by Shipman & Goodwin LLP on

As Chair of the Finance Committee of the Nutmeg Board of Education, new Board member Penny Pincher is deeply concerned about the budget next year. Given the uncertainties regarding state funding, Seymour Dollars, venerable...more

The Bank Next Door: Part I – Using Social Media to “Friend” Customers

This blog is the first in a series of articles which will examine the risks, rewards, innovative uses, and changing legal landscape of social media use by financial services institutions. Future blog articles will examine...more

OSHA Provides Enforcement Guidance on Workplace Violence Response

When does an incidence of workplace violence rise to the level of a federal case? The Occupational Safety and Health Administration (OSHA) has updated its guidance on just that issue. The OSH Act’s General Duty Clause...more

OIG issues report on CFPB contract award controls; updated work plan includes evaluation of CFPB’s supervisory corrective action...

by Ballard Spahr LLP on

The Office of Inspector General for the Fed and CFPB recently issued an audit report entitled “The CFPB Can Strengthen Contract Award Controls and Administrative Processes.” The objective of the OIG’s audit was to assess the...more

DOJ vs. OIG: Analysis of Recently Issued Federal Compliance Documents

by Polsinelli on

Within just weeks of each other, the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services’ Office of Inspector General (OIG) issued separate documents that health care organizations may use to...more

Writing Tips Inform Your Compliance Program

by Thomas Fox on

Today I consider some tips from the world of fiction composition for your compliance program. These lessons are applicable for both the design, enhancement and implementation of your compliance regime. Moreover, by...more

OIG Publishes New Tool for Measuring Compliance Program Effectiveness

The Department of Health and Human Services, Office of Inspector General (OIG), in conjunction with the Health Care Compliance Association, recently released a resource document to help healthcare organizations measure the...more

You Should Know - April 2017

Do You Know the Warning Signs of Nursing Home Abuse? Choosing nursing home, assisted living or in-home medical care is complicated, difficult and often an emotional process. The last thing on your mind is the possibility...more

20 Questions to Ask when Prioritizing Your Policy Development Efforts

by NAVEX Global on

Having too many policies can burden your organization, but having too few exposes it to unnecessary risk. That means we need to prioritize which policies we will develop (or revise) first. As a rule of thumb, policies are...more

Avoiding Beneficiary Befuddlement

by Bryan Cave on

Retirement plans are complicated creatures to administer so it perhaps is not surprising that the process of determining the beneficiary of a deceased participant can present its own set of challenges and, if things go awry,...more

New York City Passes Bill Barring Inquiries into Applicants' Pay History

by Morgan Lewis on

New legislation prohibits employers from asking New York City job applicants about their past compensation and benefits. On April 5, the New York City Council passed legislation prohibiting employers from inquiring about...more

Understanding the New DOJ Compliance Guidance: Part Three – Policies & Procedures

This is the third in a series of posts where we will explore critical elements of a successful compliance program. In February, the Department of Justice’s Fraud Section offered a new perspective on what the government...more

Don’t Be Unprepared For Student-On-Student Sexual Assault Allegations

by Fisher Phillips on

Many are aware of the alarming rise in the number of student sexual assaults on college campuses across the country. The May 2015 issue of JAMA Pediatrics reported that one in five women will be the victim of a sexual assault...more

New French Transparency and Anti-Corruption Law: Creation of a Whistleblower's Common Status

by White & Case LLP on

On December 10, 2016, the law n° 2016-1691, also known as "Sapin II", relating to transparency and anti-corruption measures (the "Law") was published in the French Journal Officiel. Notably, the Law creates a new legal...more

Code of Conduct Week: Part V – Operationalization

by Thomas Fox on

I have reviewed the creation and update of a Code of Conduct this week, with a big assist from Eric Morehead, the Principal of Morehead Compliance Consulting. We reviewed the legal requirements, the suggested structure and...more

CCOs Say Policies Are Getting Stronger; Adoption of Technology – Not So Much

by NAVEX Global on

KPMG recently published its latest survey of chief compliance officers. The report highlights the increasing value of effective Compliance. It also reveals growing pains of our industry, specifically in maximizing...more

Guidebook: Cybersecurity in the Pharma, Biotech, and Medical Devices Industries

by Foley & Lardner LLP on

As a life sciences or medical device company, it is mission critical to protect lab books, drug and clinical test data, product formulas and production processes that underlie your patents, trade secrets and know-how from...more

Code of Conduct Week: Part I – Introduction

by Thomas Fox on

I am joined by Eric Morehead as we begin a five-part series on the Code of Conduct, which serves as the foundational document of a compliance program. Morehead is well-known within the compliance community, having worked at...more

Data Classification and Information Security are Intertwined

A recent report entitled “Information Strategy 2017”, published by the Information Coalition finds that information security remains a top priority for over 90 percent of organizations. Given that the number of data breach...more

Credit Reporting Remains a High Priority for the CFPB

The CFPB confirmed credit reporting remains a high priority for the agency by issuing a special Supervisory Highlights devoted to credit reporting earlier this month. The report was generally complimentary of the strides...more

New Guidance on Disclosure Exceptions for Investigations and Fraud

by Dentons on

On March 17, 2017, the Office of the Privacy Commissioner of Canada (OPC) published guidance on two new exceptions in PIPEDA permitting disclosure without consent. The guidance is very helpful to interpreting these new...more

BRN Sunset Report Criticizes Enforcement Process, Treatment of Nurse-Midwives

by Nossaman LLP on

The California Board of Registered Nursing (BRN) received a negative evaluation of its enforcement program in the most recent sunset review. The sunset review included a performance audit by the California State Auditor due...more

Corporate Compliance Programs: US and UK Perspectives

by Dechert LLP on

In today’s regulatory environment, companies face mounting pressure from law enforcement agencies to maintain robust compliance programs to deter and detect misconduct by employees, third-party vendors and business partners....more

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