Risk Mitigation

News & Analysis as of

FRANCHISOR 101: Reducing the Risks of Joint Employer Liability

With the risk of franchisors being jointly liable for obligations to franchisee employees, and franchisees exposed to unionization of employees if their franchisor is a joint employer, we present this list of 68 steps every...more

U.S. Targets Private Equity Funds for FCPA Scrutiny

The private equity industry is facing increased scrutiny by the U.S. Government for potential violations of the Foreign Corrupt Practices Act (“FCPA”). The Securities and Exchange Commission (“SEC”) has created a new private...more

SEC Proposes to Require Business Continuity Plan

On June 28, 2016, the Securities and Exchange Commission ("SEC") issued a proposed rule (Rule 206(4)-4, with proposed amendments to Rule 204-2) which would require SEC-registered investment advisers to adopt and implement...more

Decreasing the Risk of Derisking: Mitigating Financial Institution Perceived Risk of MSBs

State-regulated financial institutions are best positioned to appreciate the amount of regulatory oversight present for a money services business (MSB) and to use this knowledge to mitigate perceived risk. The same state...more

The Last Set of Major FSMA Regulations Are Done!

The last of FDA’s seven “foundational” rules mandated under the Food Safety Modernization Act of 2011 (FSMA) was published at the end of last month, just a few days before the May 31, 2016 deadline agreed to by the Agency...more

[Webinar] Ethics and Cybersecurity - June 29th, 12pm CDT

With recent headlines about successful attacks on corporate computer systems, safeguarding client electronic information is an issue that all attorneys must address. This presentation will discuss the ethical rules that...more

Cybersecurity News & Notes – June 2016 #2: A brief digest of cybersecurity news you can use...

In Case You Missed It: The SEC fined Morgan Stanley $1 million for a 2014 data breach. While the FTC had declined to pursue an enforcement action, blaming the breach on technical issues rather than any actions or omissions...more

White House Finalizes Data Security Framework For Precision Medicine Initiative

On May 25, 2016, the White House unveiled the final data security framework for its Precision Medicine Initiative (“PMI”). One of the main goals of PMI is to develop a research cohort for collecting health data from...more

D.C. Circuit Further Restricts the Scope of Foreign Sovereign Liability for Acts of State-Owned Companies

Those doing business with foreign governments would be wise to adhere to the dictate of caveat venditor: seller beware. Cross-border “government” contracting often involves doing business not directly with the sovereign...more

FSMA Food Defense Rule Requires Firms to Address Risk of Terrorism

In an effort to prevent wide-scale public harm through the nation’s food supply from acts of terrorism, the U.S. Food and Drug Administration (FDA) has published its final rule regarding Mitigation Strategies to Protect Food...more

Dawn raids: How to prepare for, manage, and mitigate the increasing risk to multinational tech companies

Dawn raids and enforcement actions throughout Europe are becoming more and more prevalent. And increasingly, the targets of these raids are multinational tech companies with foreign headquarters, which through their global...more

FDA Publishes Final Rule for Protection Against Intentional Adulteration as Part of Food Safety Modernization Act

FDA has published as part of the Food Safety Modernization Act (FSMA) a final rule concerning mitigation strategies to protect food against intentional adulteration. The rule will require domestic and foreign food facilities...more

A Weak Link In Financial Data Security? Congress Presses FDIC On Its Data Breach Prevention And Response

On Thursday, May 12, the House of Representatives’ Science, Space, and Technology Committee scrutinized the FDIC’s data, privacy and security measures and response plans in a hearing, after the FDIC suffered a spate of data...more

Value Insights: Delivering Value in Labor and Employment Law survey

Proskauer's Labor and Employment Law Department released its Value Insights: Delivering Value in Labor and Employment Law survey, a resource that illuminates current practices and future trends in managing labor and...more

Top Three Findings from our 2016 EMEA & APAC Hotline Benchmark Report

Benchmarking your organisation’s data against your peers across EMEA & APAC provides critical insights into the health of your ethics and compliance programmes. Our new report gives the most comprehensive picture of...more

EBA Publishes Discussion Paper on Use of Consumer Data by Financial Institutions

On May 4, 2016, the EBA published a discussion paper on innovative uses of consumer data by financial institutions, in line with its mandate to monitor financial innovation. The EBA report notes that although general...more

Reed Smith, partner in the sixth parliamentary meeting about health at work

This alert sums up the sixth parliamentary meeting on well-being at work. Reed Smith was a partner in these meetings for the second successive year. The minister of labour, Madam El Khomri, delivered the opening address....more

Cybersecurity, Corporate Governance, and Risk Management: Best Practices

As litigators, we help clients resolve conflicts that have matured into disputes. In the realm of cybersecurity, we defend claims brought by private parties or governmental entities against companies facing the fallout from...more

Going on the Offensive: How Retail and Restaurant Employers Can Mitigate Risk by Implementing Mandatory Arbitration Agreements

Over the past several years, there has been a growing trend of retail and restaurant businesses requiring their employees to sign mandatory arbitration agreements. Why? When properly drafted, mandatory arbitration...more

Massachusetts High Court Examines Disparate Impact Theory in Light of Recent Supreme Court Decision

A ruling last week by Massachusetts' highest state court demonstrates courts' vigorous examination of disparate impact housing claims in light of recent judicial guidance, as well as the type of proactive measures property...more

Shakespeare Week – Part I: Henry IV, Part II – Lawyers and Compliance

What is the most famous line in Shakespeare about lawyers? That is an easy one because lawyer-haters across the world (and lawyer-lovers as well) know it – First thing we do is kill all the lawyers. It comes from Henry IV,...more

U.S. Market Entry for the German Healthcare IT Company

The healthcare market in the United States is massive, with total spending in excess of $3 trillion. Federal government incentives for the adoption of electronic health records has resulted in an increasingly interoperable...more

Are Your Company’s Legal, Due-Diligence, De-risking, or Compliance Obligations Impacted by the “Panama Papers”?

In an unprecedented event earlier this week, 11.5 million files from the Panamanian law firm Mossack Fonseca were allegedly leaked. Assuming they are genuine, as appears to be the case, these “Panama Papers” offer a...more

Maine Green Power offer provider selected

Maine energy regulators have chosen a manager for the Maine Green Power program. In an April 4, 2016 order, the Maine Public Utilities Commission selected 3Degrees Group, Inc. to manage the program. ...more

Workplace Violence: Employer Liability in Virginia and Potential VOSH Penalties

Workplace violence has become a serious issue for employers throughout the United States. In the wake of the recent mass shootings that occurred in San Bernardino, CA and Hesston, KA, both of which occurred at least in part...more

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