News & Analysis as of

Risk Management

Labor & Employment E-Note - April 2017

by Burr & Forman on

Attention employers! What’s your LGBTQ IQ? Nashville Partner Stephen Price invites you to reassess your workplace policies in this article for the Association of Corporate Counsel. Please see full E-Note below for...more

Health Care E-Note - April 2017

by Burr & Forman on

An often overlooked and under publicized provision of the False Claims Act (“FCA”) is the retaliatory discharge prohibition. This is probably because retaliatory discharge claims do not grab headlines by winning multimillion...more

What Compliance Needs to Know About Data Privacy and Security

by Michael Volkov on

You don’t have to be a tech-savvy computer genius to address the basics of data privacy. Like many areas which compliance departments oversee, asking the right question and getting the right internal controls in place are the...more

Talking About Bribery in the Country Where I Bribed

I recently returned from a week in Amsterdam, addressing front-line compliance challenges, and attending several anti-corruption conferences. It was a surreal experience for me, for in 2003 I paid a “Dutch Agent approximately...more

ACC Issues Data Security Guidelines for In-House Counsel to Evaluate Law Firms

The Association of Corporate Counsel (ACC) has issued its first-ever data security guidelines, which outline basic data security measures that in-house counsel can use to evaluate their outside counsel....more

Counsel To Counsel: A Law Firm GC's Data Protection Duties

by WilmerHale on

Many law firms now have a designated general counsel, or a group of counsel, tasked with managing myriad legal matters for the firm. What are some top-of-mind priorities for these GCs today as they strive to keep their firms...more

"The Emerging Need for Cybersecurity Diligence in M&A"

Cybercrime has emerged as one of the foremost threats a company faces. As a result of a few keystrokes, a company may find its customers’ data sold on the dark web, its intellectual property in the hands of a competitor or...more

Suggested Questions for the Compliance Officer

by Ruder Ware on

In a previous blog post, I promised to release a list of questions a Board of Directors (Board) might ask its compliance officer. This post is intended to fulfill that promise. My intent is to help Board members exercise...more

Recent ('Business-As-Usual') Insights - Learning Lessons and Avoiding Common Pitfalls

With a raft of regulatory change on the agenda, and Brexit on the horizon, it is all too easy for focus to be unwittingly diverted away from business-as-usual (BAU) operations. However, any firm that does take its eye off the...more

New Mexico Becomes 48th State to Enact Data Breach Notification Law

by Ballard Spahr LLP on

New Mexico recently became the 48th state to enact a data breach notification law. This continues the accelerated pace of state data breach legislative activity in the last two years. Since 2015, at least 41 states have...more

OSHA Updates its Enforcement Procedures Directive for Exposure to Workplace Violence

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has recently updated and published its enforcement procedures for occupational exposure to workplace violence. The procedures explain and lay out the elements of an OSHA General Duty Clause...more

[Webinar] Internet of Things: Patent Liability, Enforcement, and Licensing - May 4th, 10:00am EDT

The Internet of Things (IoT) pulls together thousands of devices to deliver solutions reminiscent of the Jetson’s futuristic utopia. From wearables, to smart cities, to smart environments, IoT spans the entire globe and the...more

OCC Publishes New “Retail Lending” Booklet

by Ballard Spahr LLP on

Last week the Office of the Comptroller of the Currency published a “Retail Lending” booklet, a new addition to the Safety and Soundness Asset Quality category of the Comptroller’s Handbook, which discusses the risks...more

SWIFT Shores Up Network Security With Real Time Cybersecurity Tools

In an effort to combat an increasing number of fraudulent transfers carried out using its network, SWIFT, the international bank transfer network, announced this month that it is adding new tools and controls designed to...more

The Risk Management Process in Compliance

by Thomas Fox on

An exploration of risk forecasting, risk assessment and risk-based monitoring for the compliance profession. ...more

$400,000 Settlement Highlights Need for Pre- and Post-Breach Safeguards

by Dickinson Wright on

The U.S. Department of Health and Human Services, Office for Civil Rights (OCR), has announced another Health Insurance Portability and Accountability Act of 1996 (HIPAA) settlement. This one is with Metro Community Provider...more

Colorado Regulator Proposes New Cybersecurity Rules for Financial Institutions

Increasingly, states are enacting cybersecurity regulations for financial institutions and investment advisors. Following New York’s groundbreaking regulation, Colorado recently proposed changes to its state...more

Long-Running Corruption Scheme Exposed in Brazil: Operation "Exposed Invoice" Provides Continuous Improvement Opportunity for...

by Pepper Hamilton LLP on

A massive scheme involving medical products sales to Brazilian public entities has led to recent high-profile arrests. The events highlight the importance to a well-functioning compliance program of keeping up with new...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

Court Excludes Evidence Developed Through Plaintiff’s Surreptitious Contact with Corporate Defendant’s Employees

by Sands Anderson PC on

On March 27, 2015, Jalal Haidar brought suit in federal court, alleging that he had been injured by a dangerous condition in a hotel. According to Haidar, he sat motionless on a hotel toilet for approximately fifteen seconds...more

"Cybersecurity Trends for Boards of Directors"

Cybersecurity has in recent years become an integral component of a board’s role in risk oversight, but directors often find themselves in unfamiliar territory when it comes to formulating policies and oversight processes...more

Gone Phishin’: Hack Leads to HIPAA Settlement

Earlier this week, the HHS Office for Civil Rights (“OCR”) announced a $400,000 settlement with Metro Community Provider Network (“MCPN”) related to a 2012 HIPAA breach caused by a phishing scam. The phishing scam, carried...more

Highly Confidential Data—A Cybersecurity Risk for Cannabis Related Businesses

by Bennett Jones LLP on

Cybersecurity is a significant business risk for any organization that collects personal data. The greater the amount of personal data collected by an organization, the greater the risk that it will be targeted by...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - April 2017

by Hinshaw & Culbertson LLP on

Attorney-Client Privilege – Invoices to Public Entity Client – Ongoing Litigation - Los Angeles Cty. Bd. of Supervisors v. Superior Court, 2 Cal. 5th 282, 386 P.3d 773 (2016) - Risk Management Issue: May a law firm's...more

Regulators Demand Third-Party Risk Management

by Carlton Fields on

While third-party risk management has been a required component of an effective enterprise risk management program for many years, the topic is receiving elevated attention at insurance companies and related businesses....more

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Cybersecurity

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