Risk Mitigation

News & Analysis as of

Rx for Data Breaches – Planning

Data breach reports have become a staple of the daily news. Companies of all sizes and across all industries are reporting breaches—whether caused by sophisticated third-party hackers or simple human error, such as a laptop...more

Kickbacks and Bribery

Companies can become hyper-focused on anti-bribery compliance. It is easy to do – just look on the Internet, Twitter and Linked In. There are plenty of groups, hash tags, postings and discussions on anti-corruption issues....more

Ten Common Myths of Data Breach Mitigation and Response

2014 has been dubbed by many as “The Year of the Data Breach.” While data breaches are not new, the recent slew of highly publicized retailer breaches has left companies wondering – If breaches can’t be prevented, why should...more

Cyber-Breach & NISPOM Conforming Change 2 – It’s What’s on the Inside That Counts

Most companies are worried about external threats – things that are coming at their people, their group, their company, their government, all from an outside actor. Like government’s with an eye on counter-intelligence,...more

If You Build It, “The Claims” Will Likely Come: Controlling Anticipated Risks In Large Projects

Sophisticated parties in large projects know that it is not unusual for claims of all types to occur during the course of the project. Despite everyone’s best efforts, claims for property damage, material loss and personal...more

Operation Chokepoint and the Brave New World of Criminal Liability - November 2014

The U.S. Department of Justice and banking regulators have stepped up the pace of criminal, civil and administrative actions against banks, payment processors, money transmitters, and other financial institutions, for...more

"CFTC Fine-Tunes Rules, Emphasizing Relief for Commercial End-Users"

On November 3, 2014, the Commodity Futures Trading Commission (CFTC or Commission) approved three proposals that Chairman Timothy Massad described as “fine tuning” certain of the CFTC’s rules “to make sure they do not impose...more

How to Keep Your Business on the Nice List: 2014 Tips for Holiday Shopping Crowd Control

Effective crowd management should be a year-round priority for retailers, but Black Friday and the ensuing holiday shopping season elevates the importance of crowd control. It seems like each holiday season the media reports...more

Protect Your Safety Investigations and Deliberations From Prying Eyes

Every day companies deal with an ongoing safety analysis of their own products. These Safety Teams are routinely interdepartmental. The Safety Teams must consider design changes, manufacturing issues, potential recalls,...more

Conducting Corporate Internal Investigations [Video]

Watch an in-depth webinar discussion focused on conducting corporate internal investigations, both in the U.S. and abroad. Bilzin Sumberg attorneys Marty Steinberg and Rafael R. Ribeiro present best practices for...more

IP | Trend: Data in the Cloud is the Next Big Storm? [Video]

Convenience, accessibility, and cost have led companies and their employees to put an increased amount of data in the cloud. But, does this put corporate data at risk? Attorneys Seth Northrop and Sam Walling discuss some of...more

Risks of Running a Brewery & How to Avoid Them

Beware of These Risks - Underage Drinkers, Intoxicated Patrons & Employee Restrictions - Restrictions on Employees - - Employees are prohibited from drinking while on the job. - Employees who...more

Mind the Details: Make Sure your WRAP Coverage is Done Right

A client recently asked for advice about insuring their development project with a wrap insurance policy. As we talked through the pros and cons, I was reminded of the intricacies of wrap insurance products. Undoubtedly,...more

Information Security Training Master Class: Winning the Battle against Data Breaches, Malicious and Negligent Employees, and...

Information security has continued to play prominently in the news as this series has evolved. Just today AT&T announced a data breach. Home Depot and Jimmy John’s, also added to the list in the past month, are still...more

Implementing and Enforcing Online Terms of Use

Operators of social media platforms and other websites must manage a large number of risks arising from their interactions with users. In an effort to maintain a degree of predictability and mitigate some of those risks,...more

IOSCO Publishes Consultation Paper on Risk Mitigation Standards for Non-Centrally Cleared OTC Derivatives

On September 17, the IOSCO published a consultation paper on risk mitigation standards for non-centrally cleared OTC derivatives (CR06/2014). The standards have been developed in consultation with the Basel Committee...more

Orrick's Financial Industry Week in Review

IOSCO Publishes Consultation Paper on Risk Mitigation Standards for Non-Centrally Cleared OTC Derivatives - On September 17, the IOSCO published a consultation paper on risk mitigation standards for non-centrally...more

Overriding Interest

In This Issue: - Islamic Real Estate Finance: Getting The Deal Done - Announcements & Events - Government Consultation on Energy Efficiency Improvements to the Private Rented Sector - K&L Gates...more

Corruption, Risk and Business Strategy. Which one manages the others?

Since I stared writing about issues relating to compliance at the front line of international business, I have found myself looking more and more at the role of business strategy as a significant foundation of anti-bribery...more

Buying an FCPA Violation Mergers and Acquisition Risks [Video]

FCPA risks are significant when companies acquire other companies. The Justice Department and the SEC have imposed "successor" liability on companies for past bribery violations committed by an acquired company. Pre-closing...more

Trying Something Different – the Desktop Risk Assessment

One type of risk assessment can consist of a full-blown, worldwide exercise, where teams of lawyers and fiscal consultants travel around the globe, interviewing and auditing. However if there is one thing that I learned as a...more

Florida Passes New Law for Loan Compliance

On July 1, 2014, a number of changes to Florida banking laws went into effect. Despite the Florida legislature’s stated desire to decrease regulation on businesses, a new law serves to greatly increase regulation on community...more

FDA Issues Draft Guidance on 510(k)

The FDA issued a new draft guidance on July 15th which further explains how the FDA currently fails to protect consumers of medical devices and pharmaceutical drugs. It is important to remember that these sort of FDA-issued...more

The Swelling Tide of Fair Credit Reporting Act (FCRA) Class Actions: Practical Risk-Mitigating Measures for Employers

In This Issue: - Summary Of FCRA Obligations On Employers That Use Consumer Reports - Potential Liability For FCRA Non-Compliance - The Swelling Tide Of Class Action Filings - Mitigating Measures -...more

Comprehensive Anti-Bribery Program

If your operations are global, implementing a comprehensive anti-bribery program is likely one of your top priorities. Given the complexity and diversity of the activities that must be addressed in an anti-bribery program,...more

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