News & Analysis as of

Risk Management Due Diligence

Retaining a “Risky” Third-Party

by Michael Volkov on

Every company has done it. Chief Compliance Officers have had to hold their respective noses and push forward with due diligence to retain a risky third party. Rather than reject the third party, a CCO convinces him or...more

What is the Financial Health of Your Third Parties?

by Thomas Fox on

What are some of the ways to consider third party risk, management of that risk and strategic risk in a compliance program? Typically, a Chief Compliance Officer (CCO) or compliance professional will consider the ownership...more

Using a Human Rights Lens to Strengthen Your Anti-Corruption Compliance Program

Companies are increasingly expected to manage the human rights impacts of their activities. This expectation is embedded in new legislative requirements, in the requirements of business partners and investors, and in the...more

FCPA Risks and Acquisition Integration Challenges

by Michael Volkov on

Chief compliance officers have devoted significant efforts to conducting pre-acquisition due diligence of a proposed target companies. I do not intend to diminish the importance of pre-acquisition due diligence, but I have...more

Protecting Data: Vendors May Be Your Weakest Link

by Murtha Cullina on

A Verizon Communications vendor misconfigured a cloud server that caused the information of 6 million Verizon customers to be exposed on-line. When a cyber incident or data breach occurs on your vendor’s watch, regardless of...more

Non-Compete News – Third Circuit Says Tortious Interference with a Non-Compete Requires Actual Knowledge of the Agreement at Issue

by FordHarrison on

An employer hiring an individual known to be subject to a non-compete contract can expect to be accused of tortiously interfering with that contract. On the other hand, the hiring employer should be innocent of wrongdoing if...more

Everything Compliance-Episode 12

by Thomas Fox on

Show Notes for Episode 12, the Summer Haze Edition The dog days of summer are on the horizon and the Houston Astros lead the major leagues in winning percentage. Coincidence that the US pulls out of the Paris Climate Accords...more

Preparing for Your Cross-Border Deal: Practice Tips for In-House Counsel

by WilmerHale on

Your CEO just announced that the company wants to acquire a business with global operations. As in-house counsel, you will play a key role in this transaction by ensuring the deal runs smoothly. It’s a tremendous growth...more

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

by Hinshaw & Culbertson LLP on

Fee Splitting – Enforcement of Undisclosed Agreements – Need for Specificity - Marin v. Constitution Realty, LLC, 2017 N.Y. Slip. Op. 01019, 2017 WL 521504 - Risk Management Issue: Is an attorney fee-splitting agreement...more

Knowing Your Employees and Incident Management Systems

by Michael Volkov on

Chief compliance officers know the importance of trust, not just as a foundation of a global company’s compliance program, but in the context of knowing what company employees are doing out in the field. CCOs will always say...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

Deep Dive Due Diligence: Part V – Level III Due Diligence as a Board Tool

by Thomas Fox on

Today, I conclude my exploration of Level III, deep dive due diligence, by discussing how a this should be considered as a best practices tool by a Board of Directors in a broader sense. I am joined in this exploration by...more

Deep Dive Due Diligence: Part IV – Level III Due Diligence for 3rd Parties

by Thomas Fox on

Today, I continue my exploration of Level III, deep dive due diligence, by discussing how this should be considered for third parties. I am joined this week by Candice Tal, founder and Chief Executive Officer (CEO) of...more

Meeting the challenges of Customs compliance: 11 questions to ask yourself, 6 action steps

by DLA Piper on

In the global environment in which we operate, exchanging goods internationally always entails basic customs issues.  Among these are the import/entry process, tariff classification, valuation, country of origin labeling, and...more

The DOJ Expects “Third-Party Management” from Compliance Programs

2016 was a banner year for global anti-corruption enforcement: the U.S. government set records in terms of both the number of FCPA actions brought and the total dollar amount of related fines. Meanwhile, governments from...more

Deep Dive Due Diligence: Part II – Why Level III Due Diligence for Senior Execs?

by Thomas Fox on

Today, I continue my exploration of Level III, deep dive due diligence by considering why you need this type of background investigation in the context of the hiring and promotion of senior managers in an organization. I am...more

Deep Dive Due Diligence: Part I – What is Level III Due Diligence?

by Thomas Fox on

There are many levels of due diligence investigation. In a multi-part series this week, I am going to focus on Level III, deep dive due diligence. I am joined in this exploration by Candice Tal, founder and Chief Executive...more

How to Measure Third-Party Risk Management ROI

by Thomas Fox on

One area that has bedeviled Chief Compliance Officers (CCOs) and compliance practitioners is how to determine the return on investment (ROI) for your compliance program regarding the management of third parties. While it is...more

DOJ’s Compliance Program Evaluation: Risk Assessment, Policies and Procedures and Third-Party Risk Management (Part III of IV)

by Michael Volkov on

To design and implement an effective ethics and compliance program, companies have to conduct a risk assessment and tailor its policies and programs to its risk profile. DOJ’s Compliance Evaluation reinforces this framework...more

OCC Establishes New Third-Party Risk Management Expectations, Including for Bank Relationships With Marketplace Lenders

by Pepper Hamilton LLP on

The bulletin requires relationships between banks and marketplace lenders to be treated with the same rigor of due diligence and ongoing oversight as other relationships with third parties. On January 24, the Office of...more

2016 Year End Review: Banking Regulators Try to Ease Concerns Over Aggressive AML/BSA Enforcement

by Ballard Spahr LLP on

On August 30, 2016, the U.S. Department of the Treasury and four U.S. federal banking regulators sought to correct a problem—at least in part one of their own creation—by issuing a “Joint Fact Sheet on Foreign Correspondent...more

Trends from 2016 Record FCPA Enforcement Year (Part II of III)

by Michael Volkov on

No matter how you cut it – this was a big year in FCPA enforcement. Not just because of the large enforcement actions but the scope and depth of enforcement, remediation and compliance program demands....more

What are you doing to prevent a data breach

by Fox Rothschild LLP on

A broker-dealer recently agreed to pay a $650,000 fine after an OSJ’s cloud vendor failed to adequately protect customer information. Apparently, an outside hacker was able to gain access to non-public personal information...more

Palm Oil Supply Chain Abuses Reported by Amnesty International: Steps to Mitigate Legal Risk

by Perkins Coie on

Amnesty International recently released a report alleging that supply chains for production of palm oil—a common ingredient in many consumer products—are tainted by forced and child labor. In the nearly 150-page report titled...more

Coordinating Third Party Due Diligence and Procurement

by Michael Volkov on

Third party risk management is easily one of the most challenging risks for compliance officers. With all the attention and hype surrounding third party risk, companies have marshaled attention and resources to mitigate the...more

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