How can business owners manage legal risks?
Compliance Advice on SEC’s Market Access Rule from Julie Dixon of Titan Regulation
Higher Education Oversight and Governance: Role of a College Board of Trustees
The Financial Stability Board (the “FSB”), a group of representatives from central banks, finance ministries and financial supervisors from the Group of 20 leading economies, Hong Kong, the Netherlands, Singapore, Spain and...more
Phoenix business law firm Jaburg Wilk's business attorney Neal Bookspan discusses how business owners can manage legal risks and maintain their business.
The Office of the Comptroller of the Currency (OCC) recently issued a new Bulletin 2013-29 containing substantially more onerous risk management guidance for third-party business relationships (3PRs) of national banks and...more
The purpose of this paper is to interpret Financial Industry Regulatory Authority (FINRA) Regulatory Notice 13-31, which provides practical advice to member firms about how FINRA will be...more
Companies seeking an alternative to traditional risk management approaches are increasingly turning to the captive insurance market, especially for recurring and foreseeable losses.
As most commonly understood, the...more
On October 22, the National Institute of Standards and Technology (NIST) released its long-anticipated Preliminary Cybersecurity Framework for public review and comment. The Cybersecurity Framework was issued in accordance...more
Executives of closely held and family-owned businesses are often so focused on running their businesses that they do not plan for the inevitable — the transition of ownership and/or leadership. It is not a question of “if ”...more
On October 30, 2013, the Office of the Comptroller of the Currency (OCC) issued new guidance on risks presented by third-party relationships, entitled “Third-Party Relationships: Risk Management Guidance” (“2013 Bulletin”)....more
On October 30, 2013, the OCC published a broad update of its guidance regarding national banks and their third-party relationships. The guidance also applies to federal savings associations (“FSAs”) as well as extending...more
This alert reports a French case that relates to a hedge fund registered in the Cayman Islands, the investment agreement of which was governed by Cayman law, and where the actions complained about (withdrawing from the fund)...more
One of the most significant sources of litigation risks for niche businesses occurs when the statutory laws governing their conduct fail to reflect the real-world context of the industries in which they operate. Because even...more
On November 7, 2013, the Massachusetts Division of Insurance (“DOI”) published a Notice of Hearing and proposed regulations regarding the certification of Risk-Bearing Provider Organizations (“RBPOs”). These regulations are...more
The Office of the Comptroller of the Currency published on October 30, 2013 a new Guidance relating to risk management for third party relationships. This Guidance rescinds OCC Bulletin 2001-47, “Third-Party Relationships:...more
The OCC issued updated and comprehensive guidance (OCC Bulletin 2013-29, the “Guidance”) to national banks and federal savings associations (collectively, “Banks”) concerning assessment and management of risks associated with...more
Compliance, like many other aspects of the business world, is a balance of risks. Unfortunately, it often takes an organization being rebuked in some fashion before it realizes the importance of failure to be in compliance. ...more
The CFTC approved final rules requiring enhanced protections afforded customers and customer funds held by futures commission merchants (“FCMs”). The rules require FCMs to adopt and enforce a risk management program,...more
In today’s regulatory environment, the prospect of a health care provider having to conduct an internal investigation is not a matter of “if,” but “when.” Whether an internal investigation is handled effectively or...more
Designed right, an ethics and compliance program is not just about limiting risk. You’re setting your sights too low. In fact with that narrow mindset, you’re likely setting your organization up for failure, or at least...more
The Australian Prudential Regulation Authority ("APRA") has issued the final version of its new prudential practice guide, "Prudential Practice Guide CPG 235 - Managing Data Risk" ("Data Guide"). The Data Guide aims to assist...more
What's the one thing missing from most corporate compliance programs?
For a legal perspective, that's the question we put to corporate attorneys writing on JD Supra, asking each to commit to just one essential element...more
The OCC issued guidance to national banks and federal savings associations in assessing and managing risks related to third-party relationships. The OCC defines a third-party relationship as “any business arrangement between...more
The Office of the Comptroller of the Currency (“OCC”) has revised its risk management guidance on third-party relationships, advising banks to adopt risk management processes that provide more comprehensive oversight and...more
In this issue:
- The Issue: Operational Risks Posed by Reliance on a Single Third-Party Credit Scoring Provider
- Risks to Financial Regulator
- Obstructed Oversight 4 Political Risk...more
On October 30, the Office of the Comptroller of the Currency (OCC) issued guidance (Bulletin 2013-29) to national banks and federal savings associations (collectively, banks) for assessing and managing risks associated with...more
On October 31, the Federal Reserve Board released a BSA/AML enforcement action against a Pakistani bank and its New York branch. The Written Agreement addresses examiners’ findings of alleged compliance and risk management...more