Risk Mitigation

News & Analysis as of

Fighting Back: Identifying Risks Posed by an Angry Current or Former Employee

Something lost is always in the last place you look (by definition). It can also sometimes be in the first. Although technology has made it possible for outsiders to manipulate and infiltrate your company’s systems...more

Wall Street and Ethics

I have to confess that there is a part of me that was skeptical about a new survey released last week finding that banks and other financial institutions have not embraced a culture of integrity. Indeed, the survey found...more

Four Security Gaps Cybercriminals Exploit in Your Business's Digital Storefront

Symantec, the American IT security company, recently released its 2015 Internet Security Threat Report that summarizes the number and types of threats and vulnerabilities seen in 2014. The report also analyzes trends and...more

Law à la Mode - Edition 16 - May 2015 (Global)

In This Issues: - Key Considerations: For Negotiating Electronic Point Of Sale Solution Agreements - Fashion Forward And Tech Savvy: The Co-Branding Of Wearable Technologies - The Internet Of Things: The...more

Blue Pill/Red Pill: How Officers and Board Members Can Swallow the Red Pill and See the Real World of Cybersecurity

Trying to understand how a hacker thinks can twist your brain around – while you normally think about how to make something work or why something is not working, hackers think how to get something to work in ways that it is...more

Tea Leaves from AAG Caldwell on An Effective Compliance Program

The government is on a public relation campaign. Department of Justice and SEC officials have been making the rounds and giving important speeches on criminal prosecutions, cooperation and voluntary disclosure and ethics and...more

Asset Management Firms And The Risk Of Market Abuse: Key Practical Points From The FCA's Thematic Review Feedback And Recent FCA...

Tackling market abuse continues to be a strategic priority for the FCA. In late 2014, the FCA undertook a thematic review into asset management firms and the risk of market abuse, the results of which were published in...more

Emergence of Transgender Status Issues in Workplace Raises Compliance Questions for Employers

Transgender issues have been grabbing headlines in recent months—perhaps most notably with Bruce Jenner’s televised announcement about his gender transition. Beyond the bright lights of pop culture, a wave of litigation and...more

Guidance for Incident Response Plans  

Organizations are preparing for data incidents and breaches by developing, updating, implementing, and testing incident response plans. This article provides a checklist of key components of an incident response...more

To Be or Not To Be (an Employer) [Video]

Presented by J. Travis Hockaday and Megan P. Black Regulators from a wide variety of government agencies continue to scrutinize relationships between businesses and the people and entities that provide services to them in...more

I-9 and E-Verify Compliance Practices for Temporary Labor and Contractors Four things to do now to minimize risk

Many of our clients rely on temporary labor solutions and outsourcing of certain functions to contractors to make their businesses work. While these workers are not your direct employees, their presence on your site doing...more

To Err Is Human; to Indemnify, Divine?: Human Foibles in the Cloud

BakerHostetler’s inaugural Data Security Incident Response Report (the “Report”) concluded that employee negligence and theft were two of the top five causes of data security incidents for the more than 200 incidents that we...more

Why Reputation Risk is Quickly Climbing the Ethics and Compliance Priority List, Part 3 | Beyond Compliance Training

So far in this series, we’ve discussed why companies are adopting a more public focus on ethics and compliance, how reputational risk can impact a company and its brand, and the first three elements of a five-part framework...more

Cloud Computing Contracts Top Issues for Healthcare Providers

In this Issue: - Summary - Overview - Cloud - Use - Security - Privacy - Functions - Availability - Performance - Location - Services -...more

The BakerHostetler Data Security Incident Response Report 2015

The rate of disclosures of security incidents in 2015 continues at a pace that caused many to call 2013 and then 2014 “the year of the breach.” Most incidents are described publicly with attention-grabbing terms such as...more

Criminal Cyberattacks: The No. 1 Cause of Health Care Data Breaches in 2014

A new study released on May 7, 2015, by the Ponemon Institute revealed that criminal cyberattacks on health care organizations were the most prevalent cause of data breaches in 2014. The report underscores the need to think...more

Breaking Down the DOJ Cybersecurity Unit’s Guidance on Responding to Cyberattacks

Another federal agency has weighed in with “guidance” on cybersecurity preparation and breach response. The Department of Justice (DOJ) is the latest to issue guidance on how companies should respond to data breaches. The...more

Cybersecurity Guidance for Registered Investment Advisers

On April 28, the Securities and Exchange Commission (SEC) released a Guidance Update addressing the importance of cybersecurity and the steps registered investment advisers (and registered investment companies) may wish to...more

Why Legal Directors are Bringing E-Discovery In House

The responsibilities of any corporate law department leader tasked with overseeing e-discovery, whether he or she carries the title of legal director or something similar, revolve around two core business objectives:...more

Slow and Steady Wins the Race? Another Chapter in Ontario’s Ostrander Point Wind Farm Challenge

In an important development in the ongoing saga of judicial challenges to wind farm developments in the province, the Ontario Court of Appeal (“ONCA”) has restored the finding of the Environmental Review Tribunal (“ERT”) that...more

Gavel to Gavel: Establishing a Data Security Program

The ever-increasing expense of corrective actions taken by companies after data breaches occur is often publicized. What is not as apparent, or as publicized, are steps companies can take that may reduce the costs and the...more

A Primer on FTC Expectations for Your Partner and Vendor Relationships: Enforcement Shows You Are Your Brother’s Keeper

With all of the privacy and data security enforcement actions brought by the Federal Trade Commission in recent years, and with all of the guidance distributed by the FTC in that time frame, it is easy to get caught up in...more

Locke Lord QuickStudy: Investment Advisers Should “Beef Up” Cybersecurity Strategies - SEC Issues Updated Guidance

Registered investment advisers should periodically assess their cybersecurity vulnerabilities, create strategies to respond, and make sure they are making the strategies work. ...more

New Guidance from the SEC: Cyber Security Best Practices

On April 28, 2015, the U.S. Securities and Exchange Commission’s Division of Investment Management (the “Division”) issued a Guidance Update to investment and fund advisers on the topic of improving cyber security. While it...more

Cyber Attacks on Financial Institutions Increasing in Frequency and Severity

Cyber attacks on financial institutions have become so relentless in their frequency and severity, that the Federal Financial Institutions Examination Council (FFIEC) directed banks this past month to enhance their...more

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