Risk Management

News & Analysis as of

Navigating the new landscape of government investigations: key points

As businesses expand their operations into new markets across continents and hemispheres, they are encountering a host of issues in addition to the complexities that go along with entering any new jurisdiction. Established...more

2.7 Million Dollar HIPAA Settlement

Last week, Oregon Health & Science University (“OHSU”) agreed to pay $2.7 million to resolve potential violations of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Security Rule, Privacy Rule, and...more

New guidance for outsourcing to the cloud published

The FCA have now published their guidance on outsourcing to the cloud for financial services organisations in the UK. This guidance, which follows on from a consultation exercise which took place at the start of the year,...more

Auto-ISAC announces automotive cybersecurity best practices

Members of the Automotive Information Sharing and Analysis Center (Auto-ISAC) recently released an overview of comprehensive Automotive Cybersecurity Best Practices developed as a proactive measure to further enhance vehicle...more

Employers Wrestling with Discrimination, Workplace Violence and Third Party Vendor Issues, Survey Shows

The winds of social change, the threat of violence in the workplace, and shifting regulations governing workers and third parties are all weighing heavily on employers’ minds. That’s according to a survey of more than 800...more

FLSA Compliance For Franchises…and the Joint Employer Tightrope

In May, the long awaited Department of Labor’s revisions to the FLSA’s white collar exemption rules were published and have many employers, including franchisors, concerned with compliance. John Skelton, a partner in our...more

Steps a Company Can Take to Inoculate Itself Against Shareholder Dispute Litigation

As discussed many times on this blog, shareholder dispute litigation can be extremely costly and terribly disruptive to company operations. From the company’s point of view, it should be avoided if at all possible. Once an...more

US Federal Reserve Board Begins the Process of Regulating Insurance Companies

Nearly six years after the adoption of Dodd-Frank’s Title I, which provides for the regulation by the Board of Governors of the Federal Reserve System (Board) of non-bank financial companies – such as insurance companies,...more

Five Trending Challenges Facing Employers in the Technology, Media, and Telecommunications Industry

Employers in the technology, media, and telecommunications industry continue to face numerous workplace management and compliance challenges under changing laws. From evolving mandates regarding benefits and momentum toward...more

Wave of Shootings Puts Workplace Violence Back in the Spotlight

Seyfarth Synopsis: DHS’s recommendations for active shooter prevention and preparedness is only one piece of an effective workplace violence prevention program. Employers should assess their workplaces and develop...more

TSCA Reform --- Battle Lines Are Quickly Being Drawn

Changes to the Toxic Substance Control Act (“TSCA”), resulting from the recently passed Frank R. Lautenberg Chemical Safety for the 21st Century Act (“LCSA”), are quickly taking form. The Environmental Working Group (“EWG”),...more

Using Information on Human Rights Impacts to Drive Social Performance

New legislative requirements and stakeholder concerns have driven many companies to implement systems to identify and address the potential human rights impacts of their operations. Companies increasingly realize the...more

Applying for a German Banking or Financial Services Licence

Due to Brexit developments, for many non-European investors the option to acquire a German banking or financial licence, including the attached benefit of being able to use the European passport regime, is a part of their...more

Blog: FCA castigates the principals of appointed representatives in the general insurance sector

The FCA has just published a damning Thematic Review: “Principals and their appointed representatives in the general insurance sector“. The FCA asked 190 network principals to complete an online survey; asked 15 of these...more

OCC Hosts Forum on Responsible Innovation

On June 23, 2016, the Office of the Comptroller of the Currency (OCC) hosted a daylong forum, “Supporting Responsible Innovation in the Federal Banking System.” The purpose of the forum was to encourage a dialogue among...more

Client Alert - The Government Makes a Business Associate Pay: What HIPAA Covered Entities and Business Associates Can Learn from...

The government has entered into its first settlement with a HIPAA business associate, including a $650,000.00 monetary penalty, ushering in a new period of enforcement for third parties who use Protected Health Information...more

Brexit: Guidance for Fund Directors - What to Know and What to Ask

On June 23, 2016, the UK held a referendum in which 52 percent of voters elected to leave the European Union (EU). While there is a great deal of uncertainty about the EU withdrawal process that will remain unresolved for a...more

Practical Cybersecurity Guidance from TheCityUK and Marsh

TheCityUK and Marsh have jointly published a report urging UK financial and related professional services sectors to step up their efforts to address cyber risk. The report (headed “Cyber and the City”) suggests that...more

5 Wishes for Securities Litigation Defense: Greater Director Involvement in Securities Litigation Defense and D&O Insurance

One of my “5 Wishes for Securities Litigation Defense” (April 30, 2016 post) is greater involvement by boards of directors in decisions concerning D&O insurance and the defense of securities litigation, including...more

EPA Biting Off More Than It Can Chew? Agency Publishes First Year Implementation Plan for New TSCA Legislation

This is Part II of our TSCA update following the recent changes to the TSCA legislation. On June 29, 2016, the U.S. Environmental Protection Agency (“EPA”) released its first year implementation plan for the...more

Oregon Health & Science University pays $2.7M penalty for data breaches

Oregon Health & Science University (OHSU) has agreed to settle alleged HIPAA violations involving two separate data breaches with the Office for Civil Rights (OCR) for $2.7 million. In the span of three months in 2013,...more

Cybersecurity Response to Recent Wholesale Payment Systems Breaches

In February 2016, hackers stole $81 million from the Bangladesh central bank by sending fraudulent messages through the Society for Worldwide Interbank Financial Telecommunication (SWIFT) messaging system. Three months...more

Wave of Shootings Puts Workplace Violence Back in the Spotlight

Seyfarth Synopsis: DHS’s recommendations for active shooter prevention and preparedness is only one piece of an effective workplace violence prevention program. Employers should assess their workplaces and develop...more

MetLife and Federal Regulators Battle Over 'Systemically Important' Label

The definition and regulation of systemically important financial institutions (SIFI), including the extension of this designation to certain insurance companies, has bred contention amongst key stakeholders. As federal...more

FSOC on Fintech Risks, Cybersecurity Vigilance

An annual report from the Financial Stability Oversight Council (FSOC) recently focused on the risks presented by the burgeoning fintech industry as well as the continuing "pressing concern" of cyber threats and...more

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