Risk Assessment

News & Analysis as of

Banks Should Take Note of FINRA 2016 Examination Priorities

Why it matters - The Financial Industry Regulatory Authority (FINRA), the independent self-regulatory body for the securities industry, has issued its list of examination priorities for 2016. Banks will recognize many,...more

20 Days Left to File Your Annual HIPAA Breach Report

Did your organization experience a HIPAA breach involving fewer than 500 individuals in 2015? If so, remember to submit your mandatory report to the Secretary of HHS no later than February 29, 2016, through the online breach...more

Know Your Vendors: The Importance of Comprehensive Risk Assessment Programs

As companies continue to explore new outsourcing and cloud services models in search of improved cost and productivity efficiencies, service providers are being asked to handle increasingly sensitive types of data. However,...more

Contractors Beware: Subcontractor Exception to “Your Work” Exclusion May Not Save the Day

Commercial general liability (CGL) coverage for a general contractor is not guaranteed, even if property damage is all a subcontractor’s fault. Consider the following example: A general contractor builds a stadium for which a...more

EPA Seeks Comment on Draft Guidelines for Human Exposure Assessment

On January 7, 2016, the U.S. Environmental Protection Agency (EPA) announced in the Federal Register the beginning of a 45-day comment period on the peer review draft of the Guidelines for Human Exposure Assessment (draft...more

Skirmishes Along The Cyber Coverage Frontier: Hotel Monteleone And Lloyd’s Of London Fight Over PCI-Related Losses After Data...

While the market for specialty cyber insurance policies has heated up considerably over the past few years, a good deal of uncertainty still affects the market as the scope of these newly-minted policy provisions remains...more

Asset protection: Back to basics

Asset protection trusts can be highly effective vehicles for protecting wealth in today’s litigious society. But these trusts can be complex and expensive, so they’re not right for everyone. For those seeking simpler asset...more

Recent Corporate Integrity Agreements Highlight HHS OIG’s Compliance Program Priorities

Corporate Integrity Agreements (CIAs) are among the most important tools in the U.S. Department of Health and Human Services Office of Inspector General’s (OIG) toolbox for promoting compliance in the health care industry....more

FDIC Seeks Comments on Revised Proposed Rule That Would Amend How Small Banks are Assessed for Deposit Insurance

On January 21, the FDIC issued a Notice of Proposed Rulemaking that would amend how FDIC-insured banks with less than $10 billion in assets are assessed for deposit insurance. Specifically, the proposed rule would “update the...more

Federal Agencies To Secure Information Systems And Assess Adequacy Of Cyber-Related Workforce

Two provisions of the Cybersecurity Act of 2015—the Federal Cybersecurity Enhancement Act and the Federal Cybersecurity Workforce Assessment Act?task the Department of Homeland Security (“DHS”) and the Office of Management...more

What's Coming in 2016? Data Security, Social Media and a Busy SEC

Data Security and Data Breaches! No surprises here. We’re getting a little fed up with spectacular stories about compromised personal data, but there is no doubt 2016 will show us more, and companies are adapting and...more

What GCs Need to Know About HR Technology

Imagine that your General Counsel asks you for a very brief overview of what she needs to know - and worry about - related to HR technology and HR data management. If your GC is like most we know, she has way too much on her...more

Cybersecurity and Data Breaches: How In-House Counsel Can Engage the Board

A company's board of directors has a duty to oversee all aspects of the company's risk management efforts. This includes a duty to recognize and minimize the company's exposure to cyber attacks. In today's increasingly...more

"Emerging Trends in Privacy and Cybersecurity"

Entering 2016, the relentless stream of cyberattacks continues unabated, having become a "business as usual" reality to which companies must adapt. All companies, regardless of size or industry, are potential targets, and the...more

Year in Review: Legislation and Guidance for Financial Institutions in 2015

Financial institutions in Canada witnessed yet another year of significant growth in legislation and regulatory guidance impacting their operations, while the financial marketplace is continuing to adapt to the impact of...more

SEC’s 2016 Examination Priorities Include Continuing Focus on Cybersecurity Controls

The Securities and Exchange Commission last week issued a press release outlining the agency’s 2016 Examination Priorities that included cybersecurity. The release states: "To help fulfill the SEC’s mission of...more

Addressing Adulterated Food Risk

As we enter 2016, adulterated food-related investigations are leading the headlines—and should be leading companies in the food and beverage industry to ask what they can do to prevent and prepare for a potential outbreak on...more

Investment Funds Update - Europe: Legal and regulatory updates for the funds industry from the key asset management centres and...

Guidance Regarding Cash Accounts for UCITS and AIF Umbrella Funds - The Central Bank of Ireland (the “Central Bank”) issued guidance on cash accounts for UCITS and AIF umbrella funds on 22 December 2015....more

BIMCO issues cybersecurity guidelines for ships

Last week, BIMCO, along with other shipping organizations, “launched” guidelines “to help the global shipping industry prevent major safety, environmental and commercial issues that could result from a cyber incident on-board...more

New Cybersecurity Law – Are You Prepared?

On December 18, 2015, President Obama signed into law the Cybersecurity Act of 2015. Beginning at Division N, Public Law 114-113 deals with cyber threats and includes the means and methods by which the private sector may...more

OCC’s Cybersecurity Regulatory Expectations: A Call to Action

Not surprisingly, cybersecurity remains a top examination priority for the Comptroller of the Currency (“OCC”). And that means national banks and federal savings associations – and their leadership teams – should be prepared...more

EPA Releases Preliminary Risk Assessment for Neonicotinoid Insecticide Imidacloprid

On January 6, 2016, the U.S. Environmental Protection Agency (EPA), in collaboration with California’s Department of Pesticide Regulation (DPR) announced the release of a preliminary pollinator risk assessment for the...more

EBA consults on market risk model methodology

EBA is consulting on draft Regulatory Technical Standards (RTS) on how regulators assess the significance of positions included within the scope of market risk internal models, and the methodology they should use to assess...more

Legal Trends: Cybersecurity

New privacy torts have recently emerged in certain Canadian jurisdictions, including intrusion upon seclusion and publicity given to private life. Intrusion upon seclusion allows a plaintiff to sue if (1) a person has...more

What’s on the Cybersecurity Horizon for 2016?

The last twelve months saw many high-profile and innovative cyber-threats, costly and embarrassing breaches, and several cybersecurity trends. Many executives and boards have been reactive rather than proactive, catalyzing...more

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