Risk Assessment

News & Analysis as of

Offshore Lawyers' Liability: Recent Developments

Offshore lawyers (including international “offshore magic circle” firms, sole practitioners, high street firms, and boutique practices) are exposed to significant risks in the course of their work, particularly in the...more

An Overview of the 2014 Class Action Survey [Video]

To read the full 2014 Class Action Survey report, please visit ClassActionSurvey.com. Fifty-two percent of major companies are currently engaged in class action litigation. This percentage has remained fairly consistent...more

No More Excuses: HHS Issues New HIPAA Tool for Small Businesses

Three U.S. Department of Health and Human Services (“HHS”) agencies, the Office for the National Coordinator for Health IT (“ONC”), in conjunction with the Office for Civil Rights (“OCR”) and the Office of the General Counsel...more

ONC’s Security Risk Assessment Tool Is Useful but Could Be Improved

The Office of the National Coordinator for Health Information Technology (ONC) released a Security Risk Assessment Tool (SRA Tool) on March 28. According to the User Guide for the SRA Tool, the Tool is designed to help small...more

SEC Reopens Comment Period on Proposed Target Date Fund Disclosure Requirements to Address Investor Advisory Committee...

The SEC issued a release reopening the comment period on proposed amendments (the “Proposed Amendments”) to Rule 482 under the Securities Act of 1933, as amended, and Rule 34b-1 under the Investment Company Act of 1940, as...more

HHS releases Security Risk Assessment Tool to Help Providers with HIPAA Compliance

In collaboration with the HHS Office for Civil Rights, the Office of the National Coordinator for Health Information Technology released a new tool designed to help practices conduct and document a comprehensive assessment to...more

HIPAA Security Risk Assessment Tool Released by HHS

HIPAA security risk assessment (SRA) tool was recently made available through HHS. The tool was developed as a collaborative effort between the HHS Office of the National Coordinator for Health Information Technology (ONC),...more

HIPAA Security Risk Analyses

As noted in Paul Kim and Hannah Whitman Clark's article regarding HIPAA Security Risk Analyses, CEs and BAs are required to review and update their risk assessments only under certain conditions after completing their initial...more

Security Rule Compliance: The Importance of Performing Regular Risk Analyses

It is likely that you are familiar with the HIPAA Security Rule’s mandate that covered entities and business associates document the decision making process that led to the selection of their means to achieve security for...more

Compliance is No Joke: OCR Releases Security Risk Assessment Tool

On March 28, 2014, the Office of Civil Rights (OCR) announced the release of an online and iPad app-based security risk assessment (SRA) tool. The tool is intended to help health care providers in small to medium sized...more

The Government Is Here To Help: HHS Releases HIPAA Security Risk Assessment Tool For Small Providers

The U.S. Department of Health and Human Services ("HHS") has just released a new security risk assessment ("SRA") tool to assist small and medium sized health care practices (one to ten providers) conduct a HIPAA risk...more

Developing a Corporate Strategy to Address Known Risks

Matt Dunning at BusinessInsurance.com announced some eye-opening news: “Despite its ubiquity in corporate communications and marketing, a startling percentage of companies has no formal strategy for addressing the liability...more

The Ides Of March And Evaluation Of Compliance Risk

Tomorrow, March 15 is enshrined as one of the most famous days of all-time, the “Ides of March”. On this day in 44 BC, the “Dictator for Life” Julius Caesar was assassinated by a group of Roman nobleman who did not want...more

35 Days And Counting - R.I.P. Windows XP

Effective April 9, 2014, Microsoft will no longer provide technical support or security updates for the Windows XP operating system. According to Microsoft, personal computers running Windows XP after April 8, 2014 should not...more

The Importance Of A Risk Assessment

Sometimes people operate with blinders. I don’t mean to suggest that people deliberately put blinders on to ignore issues – they sort of just grow into a person’s personality....more

CMS Proposes Significant Rate Cuts and Other Changes to Medicare Advantage and Prescription Drug Plans

The Advance Notice ("Advance Notice") of Methodological Changes for Calendar Year ("CY") 2015 for Medicare Advantage ("MA") Capitation Rates, Part C and Part D Payment Policies and 2015 Call Letter was released by the Centers...more

English Law Commission Moves Forward with Review of Insurance Law

Newly published draft clauses include proposed changes to the current law, but disputes may arise. The latest step in the English Law Commission’s review of insurance law was announced on 28 January, with the Law...more

For FCPA Compliance, Tone At The Top Key, Lack of Policies A Difficulty

The number of FCPA enforcement actions brought in recent years has declined. The SEC, for example, reports that in fiscal 2013 it brought 8 cases, compared to 10 in 2012 and 15 in 2011. Nevertheless, those who might be...more

More Lessons From Workplace Safety For The Compliance Practitioner

I have long believed that the compliance discipline has quite a bit to learn from the area of safety in the workplace. This is not only because I believe that the changes in corporate attitudes about safety presage many of...more

Derivative Suit Filed Against JPMorgan Alleges Culture of Risk

Adding to JPMorgan Chase’s widely publicized recent legal woes, shareholder Bradley P. Miller filed a derivative suit against the bank and its directors in California federal court on January 23, 2014, as a result of the $20...more

Developing a Patent Infringement Risk-Assessment Strategy - How to plan for being accused of infringement

Given the growing prominence of patent-litigation-related stories in the media, it is not surprising one of the first questions new or prospective clients ask is some variation of “How can I tell if my new product infringes...more

Insurance and Reinsurance Newsletter - January 2014 (Italy)

1. IVASS – TOWARDS SOLVENCY II - In the process of implementing the rules of Solvency II, EIOPA on 31 October 2013 published guidelines relating to the following areas: the system of governance; prospective assessment...more

New York Proposes ERM and ORSA Regulation

The New York Department of Financial Services (“DFS”) has proposed a new insurance regulation that details the requirements associated with adopting an enterprise risk management (“ERM”) function, conducting an annual Own...more

Recent HIPAA Settlement Highlights Danger of Failure to Perform Security Risk Assessments, Implement HIPAA Policies and Train...

A recent Health Insurance Portability and Accountability Act ("HIPAA") settlement, which is notable as the first HIPAA settlement with a covered entity for failure to have policies and procedures in place to comply with...more

A New Approach To Compliance: “Informed” Risk And Resource Allocation

The compliance field has had an incredible five years. From backwater offices and responsibilities, CCOs are now taking a seat at senior management tables to provide important risk-based assessments and policies to enhance...more

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