Risk Mitigation

News & Analysis as of

Legal and Ethical Risks of Healthcare Businesses in China

Recent disputes and controversies involving Chinese subsidiaries of foreign pharmaceutical companies have sounded warning bells on legal and ethical issues regarding participation in China’s rapidly growing and evolving...more

FFIEC Advises Financial Institutions On “Heartbleed” Risks

On April 10, the FFIEC issued an alert advising financial institutions of risks associated with “Heartbleed”, a recently discovered material security vulnerability in a commonly used encryption method known as the OpenSSL...more

Emerging EHR Risks: When Documentation May Not Be Enough (or Too Much)

Today’s Electronic Health Record (EHR) technologies feature many tools that help providers practice more efficiently and allow them to spend more time caring for patients. However, the federal government recently has posted...more

Reading between the Headlines: A Lesson in Risk Mitigation from Edward Snowden

Whistleblowing has become a highly charged term, stirring up emotive rhetoric ranging from “ethical hero” to “treasonous traitor” with very little substantive evaluation of the real impact on the corporation and the broader...more

The European Commission Unveils its First EU Anti-Corruption Report, Highlighting the Continuing Risk of Corruption in EU Member...

On February 3, 2014, the European Commission published its first Anti-Corruption Report (the “Report”). The Report covers all types of corruption, including political corruption, bribery of public officials, and private or...more

For FCPA Compliance, Tone At The Top Key, Lack of Policies A Difficulty

The number of FCPA enforcement actions brought in recent years has declined. The SEC, for example, reports that in fiscal 2013 it brought 8 cases, compared to 10 in 2012 and 15 in 2011. Nevertheless, those who might be...more

Proprietary Trading Aspects of the Volcker Rule – Frequently Asked Questions

The Federal Reserve Board, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and the Securities and Exchange Commission (the “SEC”) issued a final rule, and the Commodity Futures...more

The One New Year’s Resolution Your GRC Program Must Follow

It’s that season of the year, isn’t it? As we wrap up 2013 and make that final push for our sales goals and corporate objectives, we need to both look back at where we were and look ahead to what we want to do better....more

The Volcker Rule and Capital Markets Offerings

Final regulations under the section of the Dodd-Frank Act known as the “Volcker Rule” were enacted in December 2013 (the “Final Rule”) by five federal financial regulatory agencies (collectively, the “Agencies”). The Volcker...more

And On The 12th Day Of Privacy, Something For Directors…..Mind The Gap!

On our last “day of Privacy”, we have a little extra (perhaps a lump of coal….) post: in 2014, cyber risk has been elevated to a board issue – read on and forward to your favorite company director! As we have discussed...more

Energy Newsletter - December 2013

In This Issue: - Energy Trading Disputes: Gas Price Reopeners - Mongolian Mining Sector Update: Regulatory Uncertainty and Risk Mitigation Strategies - An Introduction to Reserve Based Lending and the UK...more

Mongolian Mining Sector Update: Regulatory Uncertainty and Risk Mitigation Strategies

Recent developments in the Mongolian mining sector depict an increasingly unpredictable business environment, which severely constrains the foreign mining companies’ ability to invest and operate in the country. Major...more

Shifting Gears: General Motors Invests in Logistics

General Motors’s (GM) new Arlington, Texas, stamping plant is the 10th contiguous stamping plant added to GM’s global operations in the last five years. And, there’s a reason for that. Actually there are several. The...more

Data Center Industry Investment- Trends and Opportunities [Video]

Advances in technology have helped to spur the data center industry's growth. James Dodsworth, Partner at White & Case, a leading law firm to the data center industry, discusses current trends and investment opportunities,...more

Energy Newsletter - October 2013

In This Issue: - Mexican Congress to Consider Constitutional Oil and Gas Reforms: Bold Stride Forward or Half-Step? - European Union adds legislative weight to the promotion of transparency in the extractive...more

Forthcoming Rules Under EMIR on Dispute Resolution and Portfolio Reconciliation

The European Commission’s regulation on clearing of OTC derivatives (EMIR) requires counterparties to OTC derivative contracts that are not cleared by a central counterparty to mitigate their trading risks by using a number...more

Risk Mitigation Strategies for Managed Services Provider Agreements

Typical service provider agreements are usually drafted by the service provider, and at least early during the negotiation phase, will likely try to shift much of the legal risk to the customer. In these types of business...more

How’s Your BCP?

Last week, staff at the SEC, CFTC, and FINRA drew some lessons from Hurricane Sandy and warned broker-dealers and other firms to take steps to prepare themselves for natural disasters that could disrupt their operations....more

SEC Adopts Changes to Broker-Dealer Net Capital and Financial Responsibility Rules

The US Securities and Exchange Commission recently adopted important changes to the financial responsibility rules for securities broker-dealers, including changes to the regulatory capital and regulatory reporting rules. The...more

A Prescriptive Guide To Third Party Risk Management

The recent examples of compliance program credits for Morgan Stanley and Ralph Lauren have demonstrated that, more than ever, an effective compliance program can protect a company from criminal indictment and generate bottom...more

Avoiding and Mitigating Inflation Risk

As outsourcing service delivery models become increasingly global, customers frequently face challenges in accounting for inflation and foreign exchange risks in their financial business cases and in negotiating contract...more

CFTC approves final cross-border guidance of the swap provisions of the Dodd-Frank Act

Following yesterday’s announcement by the Commodity Futures Trading Commission and the European Commission of a joint understanding regarding a coordinated approach to the regulation of cross-border derivatives (for a further...more

Copy of the 21st Century Glass-Steagall Act of 2013

Full text copy of the 21st Century Glass-Steagall Act of 2013, introduced in the US Senate on July 11, 2013 by Senators Elizabeth Warren (D-MA), John McCain (R-AZ), Maria Cantwell (D-WA), and Angus King (I-ME). From Senator...more

Education Update, No. 3, July 2013: Field Trips Or Land Mines?

There is no question that field trips are an essential part of strengthening the curriculum and creating an interactive learning experience for today’s students. In fact, most independent schools pride themselves on the...more

EMIR – Summary of Key Requirements

The European Markets Infrastructure Regulation (EMIR) introduces requirements aimed at improving transparency and the reduction of risks associated with the derivatives market. EMIR also establishes organisational, conduct of...more

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