Risk Mitigation

News & Analysis as of

Health Update - September 2016

The Election’s Impact on Healthcare: Preparing for Potential Scenarios - Editor’s Note: Election 2016 will have a major impact on federal and state healthcare policy. To be prepared for all the possibilities, it’s...more

Wage and Hour Compliance: 80% of Employers Likely Out of Compliance

The U.S. Department of Labor recently settled a lawsuit filed by the American Federation of Government Employees Local 12 for $7 million. The lawsuit, filed a decade ago, claimed that Labor Department employees had not been...more

Financial Stability Board Reports on Progress on its Workplan to Reduce Misconduct Risk

The Financial Stability Board published a second progress report on its workplan to reduce misconduct risk. The workplan was first agreed in May 2015 and the FSB published its first progress report in November 2015. The...more

[Webinar] Statutory Changes, New Regulations, and Compliance Deadlines Under the Food Safety Modernization Act - October 4th,...

This online presentation will discuss the revisions to the Food Safety and Modernization Act as well as the regulations implementing the Act. The primary focus of the presentation will be on the new rules affecting food...more

Orrick's Financial Industry Week in Review

Financial Industry Developments - Agencies Publish Study on Banking Activities and Investments under Dodd-Frank - On September 8, 2016, the Board of Governors of the Federal Reserve System, Federal Deposit Insurance...more

Third-Party Risk Management – Part 2: Contract Termination

This second part of the series will take a look at the last phase in the lifecycle of third-party business relationship and that is contract termination. This is a phase a lot of times overlooked....more

FFIEC Provides Concrete Guidance on Setting Up Information Security Programs

The Federal Financial Institutions Examination Council (FFIEC)—the interagency body tasked with setting uniform principals and standards for the examination of financial institutions by federal prudential regulators,...more

My Ten Commandments of Goal Setting

In June, I attended a one-day event at the NYU Stern School of Business, hosted by Ethical Systems and the Behavioral Science and Policy Association. During one session, “Walking the Tightrope: Balancing Incentives to...more

Fight, Flee, or Freeze: What’s Your Leadership Response Style?

Fear of the unknown, conflict, failure and change are all commonly experienced as the emotion of anxiety. In a professional setting, these emotions may translate into avoidance behaviors or defense mechanisms that may cloud...more

Taking stock: Going public in volatile times

The third report in our Deal Dimensions series, written in collaboration with Mergermarket and launched today, reveals that a wave of IPOs could hit the global markets within the next 12 months. The study of senior executives...more

Top Four Ways Smart Companies Mitigate Litigation Risk

Do you worry about what would happen if that one “smoking gun” got into the hands of your adversary? Have your employees been educated on the “do’s” and “don’ts” of drafting documents, particularly e-mails? Does your...more

[Event] Data Breaches - What To Do When Your Client Falls Victim - September 28th, Mountain View, CA

The number of data breaches has risen significantly in the past few years. More and more companies, both large and small, are having their computer networks compromised and are looking for guidance on how to respond. This...more

Naughty Secrets – Findings in the Ashley Madison Breach

A quote attributed to FBI Director Robert Mueller is, “There are only two types of companies: those that have been hacked and those that will be”. The assessment of the Ashley Madison cyber-attack has lessons for all...more

Is It Possible to Dodge Liability for Anti-Money Laundering?

Dodge, duck, dip, dive, and… dodge. Unfortunately, these five rules apply not only to dodgeball players but also to employees attempting to evade detection as they engage in money laundering and other financial crimes. As...more

4 Steps For Avoiding FCA Traps For SBA Lenders

Recent U.S. Department of Justice enforcement and qui tam suits demonstrate that Small Business Administration lenders face increasing risk of liability under the False Claims Act. This article provides an overview of SBA...more

NIST and FAIR develop tool to merge cybersecurity risk standards

One key issue when developing a cybersecurity protocol for your business is ensuring compliance with industry standards to protect your business and adequately address cybersecurity risks. Fail to comply with the standard for...more

Orrick's Financial Industry Week in Review

Agencies Issue Proposal on Method to Adjust Threshold for Exempting Small Loans from Special Appraisal Requirements - On July 22, 2016, the Consumer Financial Protection Bureau, the Federal Reserve Board and the Office...more

Cyber Risk and Reality – Procuring Transportation in the 21st Century

With the rapid pace of innovation and deployment of intelligent transportation systems (ITS) to enhance existing transportation infrastructure, transportation officials frequently procure and manage sophisticated systems that...more

MAS issues revised Guidelines on Outsourcing

Institutions will need to meet deadlines to conduct a self-assessment of existing outsourcing arrangements, rectify identified deficiencies, and put in place measures to mitigate interim risks where a deficiency is...more

King & Spalding Lawyers Discuss The Regulatory Landscape At Medical Device Cybersecurity Risk Mitigation Conference

On July 25 and 26, 2016, industry stakeholders assembled in Arlington, Virginia, to participate in the Medical Device Cybersecurity Risk Mitigation Conference sponsored by Q1 Productions. The conference focused on the...more

Largest Health & Human Services HIPAA Settlement Wake-Up Call for Covered Entities to Evaluate and Mitigate Risks

On Thursday, August 4, 2016, the U.S. Department of Health & Human Services, Office of Civil Rights (OCR) announced the largest settlement ever with a single entity for multiple potential Health Insurance Portability and...more

Looking Forward: A workman’s view of the construction business and the practice of construction law

A few weeks back my colleague, mentor and friend Greg Faulkner wrote a post here that looked back on his 25 years as a construction lawyer.  It was a very thoughtful piece and frankly I think it was one of the best legal blog...more

European Commission Intends to Endorse, with Amendments, Draft RTS on Risk Mitigation Techniques for Uncleared OTC Derivative...

On July 28, 2016, The European Commission published a letter to the Joint Committee of the European Supervisory Authorities (ESAs) informing them that it intends to endorse, with amendments, the draft regulatory technical...more

Make sure your emails don't turn into evidence

Sometimes the first notice of a legal malpractice claim is a demand or a complaint. However, attorneys or law firms often become aware of a claim through threats from the client during the course of a representation or...more

On the Move and At Risk: Safeguards for Mitigating Mobile Device Vulnerabilities While Traveling Overseas

Employees use their smartphones as a key tool for accessing information during a work day – especially when outside the office and traveling on business. While smartphones, tablets, laptops and other devices may increase...more

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