Risk Mitigation

News & Analysis as of

Website Accessibility

Website accessibility continues to be a hot topic. Hundreds of businesses throughout the country have been sued in the past few years for failing to have accessible websites. Retail businesses have been the primary target;...more

Wage and Hour Compliance: Practical Tips For Preventing A Preventable Problem

Wage and hour litigation continues to pose a threat to employers, especially in California. There are many potential reasons for the persistence of this phenomenon, despite increased awareness of the issue by the business...more

DOJ Fraud Section Unveils Blueprint for Assessing Corporate Compliance Programs

In the year and a half that has transpired since the DOJ's Fraud Section retained a compliance consultant to assist prosecutors' evaluation of compliance programs, compliance officers, general counsels and white-collar...more

Texas Court of Appeals Holds That Owner’s Change to Contractor’s Means and Methods Resulted in a “Breach,” Instead of a “Change”...

Port of Houston Auth. of Harris Cnty. v. Zachry Constr. Corp., 2016 Tex. App. LEXIS 13306 (Tex. App. Houston 14th Dist. Dec. 15, 2016) - This contract dispute dates back to 2004, when the Port of Houston Authority...more

White Collar Enforcement and the New Trump Administration: Your Top Ten Questions Answered

Enforcement activity under the Obama administration often made headlines for the eye-popping level of fines, with the Foreign Corrupt Practices Act (FCPA), Anti-Money Laundering (AML) regulations, and economic sanctions...more

FCC Releases Cybersecurity Risk Reduction White Paper

On January 18, 2017, during the final days of the Obama Administration, the Federal Communications Commission (“FCC”) released a white paper (the “FCC Paper”) on cybersecurity risk mitigation in communications networks. The...more

Are Federal Courts Increasingly Likely to Grant Rescission of Insurance Contracts?

Recent court decisions across a variety of industries highlight the importance of submitting complete and accurate insurance applications and renewals. When submitting an application for insurance, the applicant should...more

Commercial Contract Risk in 2017

Coming off a record year in car sales, it’s expected that warranty and recall costs will continue to be on the rise. With that in mind, it’s vital that OEMs and suppliers have both their foreign and domestic contracts in...more

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2017

Managing Risks in Acquisitions from Financially Challenged Sellers in the Resources & Energy Sector - Low Commodity Prices - After a decade long boom in the resources and energy sector, prices across almost all...more

[Event] A Nuts-and-Bolts Conversation About Terms of Use for Websites, Software and Contracts - March 2nd, Seattle, WA

BakerHostetler invites you to join us for a one hour complimentary seminar (followed by Q&A) offering practical considerations for managing risk and liability in online and other contracts. Our session will cover trending...more

Recap and Analysis: Responsible Art Market Initiative Launched in Geneva

I was pleased to attend last week in Geneva “Building an Art Market for the Future—Guidelines for Countering Money Laundering and Terrorist Financing Threats” hosted by the Fondation pour le Droit d’Art (Art Law Foundation)...more

Modern Whistleblower Retaliation Risk Require a Modern Framework

If compliance officers ever needed one more sign about the importance of anti-retaliation programs, it arrived on September 29, 2016. On that day, the Securities and Exchange Commission (SEC ) fined a company that makes...more

Rock and a Hard Place: Banks In Search of Compliance Amid Diverging Regulatory Regimes

Last year was the first that national banks and federal savings associations subject to supervision by the Office of the Comptroller of the Currency (“OCC”) were armed with a sense of the agency’s regulatory expectations when...more

The Robins Kaplan Insurance Insight - Vol. 1, No. 1

Welcome to our newest publication, The Robins Kaplan Insurance Insight. Our goal is to deliver practical content to help you navigate the current challenges and latest developments in the insurance industry. This newsletter...more

Arizona Legislative Assistance in Correctly Classifying Workersas Independent Contractors

One of the most common and problematic issues confronting employers in every industry today is the misclassification of workers as independent contractors. Such misclassifications are a key enforcement target of both federal...more

Q&A With Chris Thrutchley: Tornado Drills Can Minimize Employers’ Liability Risks

Q: Does a business need severe weather policies and procedures? A: Recently, a Houston meteorologist warned during a broadcast that he would “expose” employers who fired workers for not showing up due to deadly flooded...more

Website Operators Must Comply with New DMCA Agent Registration Procedures or Risk Liability for Copyright Infringement

Initiation of copyright infringement claims on the internet is becoming more prevalent with the increasing sophistication of software that lets copyright owners scour the internet for infringements of images. If your website...more

Checklist: Preparing for potential US trade policy changes in 2017 and beyond

This checklist is designed to help you focus on steps you can take now to get ready for possible US trade policy shifts under a new presidential administration. As a 2016 US presidential candidate, Donald J. Trump made...more

Managing global telecom supply chains – What telecommunications companies need to know about trade control laws

Maintaining a global supply chain brings its share of commercial, financial, and regulatory risks. Increasingly, telecommunications companies with global operations and suppliers are finding that U.S. trade control laws...more

The Real Explanation for the Record Year for FCPA Enforcement

All the FCPA prognosticators, predictors and paparazzi have missed the boat on understanding what happened this year – 2016, to make this a record year in FCPA enforcement. As a former public servant for over 20 years, I am...more

Actualite Juridique - Decembre 2016

Assurance - Résiliation d'un contrat d'assurance emprunteur pour cause d'aggravation du risque - Le Décret n°2016-1559 du 18 novembre 2016 relatif aux conditions de résiliation d'un contrat d'assurance emprunteur...more

FINRA’s 2017 Regulatory & Exam Priorities

On January 4, new President and CEO Richard Cook issued FINRA’s Annual Regulatory and Examination Priorities Letter. This year’s list in summary is: New for 2017: Targeted electronic off-site reviews “on select...more

[Webinar] Business E-mail Compromise Scams - Practical Perspectives - January 12th, 10:30am EST

An increasing number of businesses are targeted by very sophisticated email scams designed to convince company employees responsible for executing financial transactions to wire funds to overseas accounts controlled by...more

When is an after-party an after-party? Christmas parties and vicarious liability claims

It’s that time of the year again – Christmas parties and work socials galore. That heady mix of festive spirit and copious amounts of free alcohol. Add in work colleagues and things can get a little bit sticky. As some...more

How Can You Mitigate Risks When Flying a Drone Beyond Visual Line of Sight?

Precisionhawk, one of the leaders in the drone market, released a report this week outlining operational risks when flying drones beyond visual line of sight (BVLOS). Precisionhawk’s research comes from its participation in...more

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