Risk Mitigation

Best Practices In Reducing Cost And Managing Risk In Class Action Litigation

by Chris Coutroulis | Carlton Fields on 5/3/2013

Across industries, corporate counsel reported they spent $2.1 billion annually on class action lawsuits in 2012. This reflects a modest decline from $2.2 billion in 2011. On average, companies managed 5.1 class actions in...more

From The Compact Model To The Luxury Model – Managing Your Third Party Risk

by Thomas Fox on 5/1/2013

I am currently attending the Hanson Wade Oil and Gas Supply Chain Compliance conference in Houston. The event is excellent and the presentations have been ‘spot on’ for the nuts and bolts of how to do compliance. As the...more

Implementing Measures of European Market Infrastructure Regulation Take Effect

by Torsten Schwarze, William Yonge | Morgan Lewis on 4/29/2013

New clearing, risk mitigation, and reporting obligations imposed on certain derivative contracts. On 15 March, the first six implementing measures of the European Market Infrastructure Regulation (EMIR) entered into...more

Reporting, clearing and risk mitigation rules for derivatives under European law in 2013 – the impact on buy side entities

by Andrew Henderson | Ropes & Gray LLP on 4/23/2013

A few provisions of the Regulation on Derivative Transactions, Central Counterparties and Trade Repositories, known as the European Market Infrastructure Regulation 648/2012 (“EMIR”) are now in effect throughout the European...more

Burr Alert: CFTC Issues New Guidelines Concerning Eligibility Of Swap Guarantors

by Adam Sonenshine | Burr & Forman on 3/21/2013

In secured lending transactions, lenders frequently allow, and even require, borrowers to enter into swap agreements and other financial derivatives to hedge against different business risks, including fluctuations in...more

Is this the Future of Adaptation? Who Pays to Avoid the Cost of Coastal Flooding?

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 2/4/2013

The New York Times reported today that Governor Cuomo is proposing to spend $400 million to buy out owners of property to avoid a recurrence of the damage caused by Hurricane Sandy. I have to say that I have been persuaded...more

FINRA Issues 2013 Regulatory and Examination Priorities Letter

by Baker, Donelson, Bearman, Caldwell &... on 2/4/2013

Overview: On January 11, 2013, the Financial Industry Regulated Authority (FINRA) issued its 2013 Annual Regulatory and Examination Priorities Letter (Priorities Letter). This letter is issued annually to highlight new...more

FFIEC Issues Proposed Guidance on Social Media Risks and Compliance

by Richard Raysman | Holland & Knight LLP on 1/28/2013

The Federal Financial Institutions Examination Council (FFIEC) released a proposed guidance regarding the applicability of consumer protection, compliance and privacy laws to social media usage by banks, credit unions, and...more

Indemnification Claims Under the CCAA A - Caution for Underwriters, Auditors, Directors and Others

by Denise Bright, David Phillips, Chris Simard | Bennett Jones LLP on 1/25/2013

Indemnification clauses are often considered a critical component of risk mitigation strategies in legal relationships. However, as is well understood, the value of an indemnification clause, in the event it becomes...more

Hardening Buildings And Infrastructure To Mitigate Business Risks Of Sea Level Rise

by Cristina Arana Lumpkin, Howard Nelson | Bilzin Sumberg Baena Price & Axelrod LLP on 1/24/2013

In low-lying Miami, discussions about sea level rise go well beyond the hypothetical. For property developers, building owners, government agencies, and insurance companies, developing strategies to mitigate the risks of sea...more

Nanotechnology And Asbestos: Informing Industry’s Approach To Carbon Nanotubes, Nanoscale Titanium Dioxide, And Nanosilver

by Catherine Morris Krow | Orrick, Herrington & Sutcliffe LLP on 1/21/2013

With greater knowledge comes greater responsibility, and greater liability. When it comes to nanotechnology, our ability to understand the potential risks is unprecedented, thanks in part to the asbestos mass tort experience....more

Rise in Food Contamination Calls for Proactive Risk Management in 2013

by Jonathan M. Cohen, Emily Grim | Gilbert LLP on 1/11/2013

Despite improvements in food safety over the last two decades, 2012 saw no shortage of recalls due to food contamination. For example, one Indiana farm recalled all cantaloupes from its 2012 growing season after the fruit was...more

Recent Insider Trading Case Sparks Concerns Over Leaked Clinical Trial Results

by Choate Hall & Stewart LLP on 12/20/2012

What you need to know: The Martoma insider trading case is the latest in, and largest of, a string of actions brought by the Securities and Exchange Commission related to the alleged misuse of confidential clinical trial...more

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