Risk Management

News & Analysis as of

FFIEC: Financial Institutions Need to Share Cyberthreat Information

Why it matters: Financial institutions of all sizes need to share cyberthreat information with each other, the Federal Financial Institutions Examination Council (FFIEC) urged based upon an assessment performed of the...more

Changing Regulatory Regime Necessitates New Solutions To An Old Problem: 5 Elements Critical To An Anti-Fraud Compliance Program

US government regulators have become more aggressive in their detection and enforcement of fraud against the government. One of the key tools they are using to combat such fraud is the False Claims Act. Most FCA cases are...more

Government turns up the heat with the False Claims Act – 5 action steps for healthcare providers

Forbes magazine has dubbed 2014 “The Year of the Whistleblower.” For healthcare providers, this designation has translated into millions of dollars in fines and penalties and the initiation of criminal investigations. ...more

If You Build It, “The Claims” Will Likely Come: Controlling Anticipated Risks In Large Projects

Sophisticated parties in large projects know that it is not unusual for claims of all types to occur during the course of the project. Despite everyone’s best efforts, claims for property damage, material loss and personal...more

FRANCHISOR 101: Avoid Liability for Acts and Incidents at Franchisees' Locations

There has been a lot of news lately about risks of franchisors being liable for acts and incidents at franchised locations. The National Labor Relations Board's general counsel recently announced he intends to claim...more

"U.S. v. Novartis: Reaffirming the Importance of Updating and Adhering to Corporate Policies"

A recent decision in a false claims act case, United States ex rel. Bilotta v. Novartis Pharmaceuticals Corporation (Novartis), underscores the importance of policing employee adherence to corporate policies and industry...more

Five Ways to Avoid Litigation

The reality of today’s world is that we live in a litigious society. Litigation is an expensive endeavor to all parties involved, not just financially, but also the lost opportunity costs associated with the amount of time...more

Managing Legal and Business Risks Under the Russia/Ukraine Sanctions

On October 9, 2014 a team of US, Russia and UK based Latham & Watkins lawyers hosted “Managing Legal and Business Risks Under the Russia/Ukraine Sanctions: Views from the US, Europe and Moscow,” a webcast focusing on the...more

OCC Shuffles Management, Creates Senior Position to Oversee Risk

On October 27, the OCC announced the appointment of Darrin Benhart as Deputy Comptroller for Supervision Risk Management and Bethany Dugan as Deputy Comptroller for Operational Risk. ...more

Federal Financial Institutions Examination Council Releases Cybersecurity Assessment Results: Boards of Directors and Senior...

The Federal Financial Institutions Examination Council (FFIEC) released general observations yesterday from a cybersecurity assessment of over 500 community financial institutions. The cybersecurity assessment evaluated the...more

Supplier Risk Management – Interconnected Processes

I recently read a book review in the Times Literary Supplement (TLS) by Archie Brown, entitled “One into fifteen”, where he reviewed the book “The Last Empire” by author Serhii Plokhy. Plokhy’s book is about the dissolution...more

Employers: How Prepared Are You for Ebola?

Rapidly changing circumstances raise workplace questions. The Ebola epidemic in 2014 has already been confirmed by the U.S. Centers for Disease Control (CDC) as the worst in history. The extent of this outbreak is...more

The State of the Compliance and Ethics Function: Insights to Improve Your Compliance Program

Did you miss our event in DC this past week? We co-hosted the event with the Corporate Executive Board (CEB) at their beautiful facilities in downtown Arlington. Ronnie Kann, Managing Director of Legal Risk & Compliance for...more

Make These 4 Assumptions about Cybersecurity

It has been clear for some time that cybercrime isn’t an outlier in the spectrum of corporate risk. Yet many organizations have been slow to wake up to that reality, or having awoken, are unsure of what steps to take to...more

Government of India Discloses Names of Overseas Bank Account Holders: Risk and Ramifications Analysis

The Government of India (GOI) on 27 October 2014 made a disclosure to the Supreme Court of India containing the names of three prominent individuals who had opened overseas bank accounts allegedly with proceeds tainted...more

ULI Releases Report on Risks of Urban Flooding

The Boston/New England chapter of the Urban Land Institute (“ULI”) has released a report exploring design, policy and risk management strategies to help Boston and nearby cities such as Cambridge and Revere prepare for...more

Social Media Risk: Forget the Constraints and Open the Employee Conversation

By now, we all have at least one example of how social media can turn into a double-edged sword for organizations. Personal favorites include the SEC’s investigation (and ultimate non-action) regarding Netflix CEO Reed...more

Data Breach Prevention and Response: Avoiding Potential Pitfalls and Implementing Best Practices to Protect Your Company

In This Presentation: - Overview of data breach landscape - Data breach response ..Technical best practices ..Legal best practices - Data breach prevention ..Technical best practices ..Legal best...more

Creating a Speak-Up Culture in the E.U.: Five Key Challenges Compliance Professionals Are Tackling

This autumn, I moderated two roundtables—one in Stockholm and one in Geneva—on the challenges of creating a speak-up culture. With nearly two dozen senior ethics and compliance professionals in attendance, it made for a very...more

BYOD In Australia - Cool, Cheap And (Potentially) Catastrophic!

THE ALLURE OF THE POTENTIAL COST SAVINGS OF BRING YOUR OWN DEVICE PROGRAMS IS TOO GREAT FOR MANY AUSTRALIAN ORGANISATIONS TO RESIST. Not only do the financials of Bring Your Own Device (BYOD) programs look good (the...more

What should I do when a commercial dispute lands on my desk?

When a dispute arises, a risk manager/in-house counsel may find it difficult to remember everything they should keep in mind while trying to get to grips with the factual/legal issues and putting in place a litigation...more

Maritime Cybersecurity: A Growing Threat Goes Unanswered

The maritime industry may beone of the oldest in the world, but in-depth reports issued by the United States Accountability Office (“GAO”) and the European Network and Information Security Agency (“ENISA”) confirm that our...more

Upstream Assessment of Downstream Export Issues

Your company is a midsize manufacturer of computer network hardware and software, some of which is really cutting-edge technology. A significant portion of your products is exported overseas, either by you directly or by your...more

DOJ’s Marshall Miller: You’re All FCPA Lawyers Now

Marshall Miller, the Justice Department’s principal Deputy Assistant Attorney General for the Criminal Division, has been heating up the compliance conference circuit in recent weeks. On September 17th, it was the Global...more

Polsinelli Podcasts - Safely Navigating the ADA, FMLA & Worker's Compensation Laws [Video]

Polsinelli Podcast to preview the firm's complimentary 2014 Labor and Employment Webinar Series with Employment Law attorney Gillian MKean Bidgood. The Employment Law Bermuda Triangle – Safely Navigating the Confluence of...more

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