Risk Management

News & Analysis as of

Cyber Risk as a Regulatory Issue: Tales of Encryption

Spurred by the prescient reporting found in this space (and, just maybe, by the Anthem data breach, which occurred a week later), insurance regulators have recently engaged in a flurry of regulatory activity relating to cyber...more

Reasons When Plan Sponsors Should Change Their Plan Providers

People are afraid of change and sometimes; change can be a good thing. Change for the sake of change isn’t a good idea and there are times when change is absolutely necessary. This article is about when it’s probably a good...more

The Foreign Corrupt Practices Act: A Pitfall in International Trade

The Foreign Corrupt Practices Act (“FCPA”) should be top of mind for any manufacturer conducting or considering international business. Indeed, any doubts that the government was still interested in investigating and...more

Big Data Analytics and an Evolving Standard of Care?

IBM's Watson, the natural-language processing computer perhaps most famous in popular culture for obliterating its opponents on a January 2011 evening of Jeopardy!, has more recently been making news in the healthcare...more

A Risk Manager with a Law Degree Is Still a Risk Manager

In the health care industry the line between attorneys and risk managers is often blurred. That’s only natural because a key duty of risk management is to avoid and mitigate legal liability. And it’s increasingly common for...more

A Few Takeaways from the OCIE Cybersecurity Examination Sweep Summary

On February 3, 2015, the Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) released a Risk Alert (the “2015 Risk Alert”) with summary observations from its recently...more

FINRA Issues Cybersecurity Practices Report And Investor Guidance

On February 3, the Financial Industry Regulatory Authority (“FINRA”) issued two publications concerning cybersecurity risks at financial firms. The Report on Cybersecurity Practices presents the results of FINRA’s 2014...more

Trends To Watch In Cyber Liability and Reputational Insurance

With major data breaches again making news, it is important for corporate policyholders to keep abreast of insurance developments in this emerging and fast-moving area. In this update, we provide some thoughts on cyber...more

Could the Anthem Hack Happen Again? New Report Analyzes Insurers’ Cyber Security Programs

The New York State Department of Financial Services (the “Department”) recently released a “Report on Cyber Security in the Insurance Sector” (the “Report”). The Report was released on February 8, 2015, just four days after...more

Retention of Title

PROTECTING YOUR BUSINESS FROM YOUR CUSTOMER’S INSOLVENCY - In the second article in our series on risk and opportunity in the fashion retail sector, Rob Russell and Peter Manley assess one of the most prominent areas...more

Locke Lord QuickStudy: SEC Issues Risk Alert on Cybersecurity

On February 3rd, the Office of Compliance Inspections and Examinations (OCIE) of the Securities and Exchange Commission released a summary of its cybersecurity findings during sweep reviews in 2014. ...more

Hackers Gonna Hack—FINRA’s Report on Cybersecurity Practices Assists Firms in Responding to Threats

On February 3, 2015 the Financial Industry Regulatory Authority (FINRA) released its long-awaited Report on Cybersecurity Practices, a broad overview of the state of play in the cybersecurity arena for broker-dealers....more

International Trade: Sanctions and Export Controls - The Importance of Trade Compliance

Compliance with international sanctions and export control regulation is a significant issue for companies and their legal and compliance teams. Recent significant sanctions enforcement actions, large fines and resulting...more

Corporate Hacking and the Financial Services Industry

The question is not whether you are going to be hacked, but rather when and how often. That thinking is so pervasive in the cyber-security industry that industry participants now refer to “cyber-resilience” to better describe...more

The Rosenbaum Law Firm Review - February 2015

In This Issue: - Small Steps That Plan Sponsors Can Take To Limit Their Fiduciary Liability - "Plain" Advice to Retirement Plan Sponsors - Pick Plan Providers Just Because They Are Cheap Is A Bad...more

Lessons Learned from the Airline Industry About Responding to a Crisis

In the hit television show Scandal, Kerry Washington’s character, Olivia Pope, is a crisis manager, who, with her team of associates, is called upon to fix problems and resolve crises. If it were only that easy. Every day...more

2015 Trends: #10 Cybersecurity: A Risk that Needs to be on Your Ethics and Compliance To-Do List

The starting point for every ethics and compliance program must always be an analysis of the ethics and compliance risks faced by the organization. In that light, it’s important to listen to James Comey, Director, U.S....more

"Insights Focus: Key Observations for Directors and Senior Executives"

Although Insights is intended to cover a wide range of issues, there are a number of topics we believe will be of particular interest to directors and senior corporate executives. Below is an introduction to these topics and...more

AUSTRALIA: ASIC rules risk management facilities to be used by sporting organisations are financial products

On 28 January 2015, the Australian Securities and Investment Commission (ASIC) rejected a relief application by the issuer of ’risk management facilities’ used by sporting clubs and retailers. The application for Australian...more

Health Update - January 2015

Sharing Clinical Trial Data: Maximizing Benefits, Minimizing Risk - Editor’s note: At the request of 23 public and private sector sponsors—including major life sciences companies, as well as U.S. and international...more

International Data Privacy Day: Our Top 10 Data Privacy Tips

It’s International Data Privacy Day! Every year on January 28, the United States, Canada and 27 countries of the European Union celebrate Data Privacy Day. This day is designed to raise awareness of and generate discussion...more

Two Governmental Regulators Highlight Cybersecurity Issues In 2015 Priorities

It is no surprise that numerous government regulators have listed cybersecurity amongst their priorities for 2015. This past week, two of these regulators – the Securities and Exchange Commission and the Office for Civil...more

"US Corporate Governance: Boards of Directors Remain Under the Microscope"

For a number of years, the message for directors of U.S. public companies has been that their decisions face greater and greater scrutiny. While some of this enhanced scrutiny has come from federal and state governments,...more

Cybersecurity in the Workplace: Obama's Proposals and More

In the past five years, employers both big and small have become accustomed to social media and increased technology in the workplace. Everyone and their parents are on Facebook, and one cannot go anywhere without being asked...more

Blue Edge Lab and the Internet Security Alliance launch new online cybersecurity tool for multinational companies

Blue Edge Lab, a wholly owned subsidiary of DLA Piper LLP (US), in partnership with the Internet Security Alliance (ISA), announced today the launch of CyberTrakSM, a highly innovative online cybersecurity tool featuring...more

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