News & Analysis as of

Risk Mitigation

File Share Platforms and Business Risk

by Seyfarth Shaw LLP on

The use of open file sharing platforms in business continues to increase in 2017; Dropbox alone has over 200,000 active business accounts. Unfortunately, the convenience of these platforms and the increase in use by...more

Regulators Tackle Board Effectiveness and Overdrafts

by Bryan Cave on

Host Jonathan Hightower is joined by Ken Achenbach to discuss this week's proposed guidance from the Federal Reserve on the effectiveness of bank boards. In addition, at the outset of the episode Jonathan and Ken reviewed...more

Recent Verdict Strengthens the Growing Need for Websites to Increase Accessibility to Disabled Individuals

by Garvey Schubert Barer on

A recent case in federal district court in Florida foreshadows the beginning of an expanded reach of Title III of the Americans with Disabilities Act (ADA). As a whole, the Act prohibits discrimination on the basis of...more

Risk Associated with Failure of Programs to Gain Timely Accreditation

by Steptoe & Johnson PLLC on

In an effort to add new programs to meet the needs and interests of students and faculty, many colleges and universities will admit students to programs that are still in the process of seeking the necessary accreditation....more

Food & Beverage Litigation Update | August 2017 #3

As plant-based beverages appear on more store shelves, the definition of “milk” has become the center of a dispute involving legislatures, regulators, litigators and industry groups. Shook Partners Katie Gates Calderon and...more

Food Safety Plan Builder is Very Helpful, but Not the End of Your Plan

by Barley Snyder on

The Food and Drug Administration has new software to guide you through the creation of a food safety plan. But just because you follow it, doesn’t mean you’re automatically compliant with all federal regulations....more

Surviving the Retail Shift: Part 2 of a 5 Part Series – A Landlord’s Duty to Mitigate its Damages

by Polsinelli on

In Part I of this five part series, we addressed managing the legal process to help commercial landlords achieve the most efficient results when dealing with defaulting retail tenant. But, what happens once the shopping...more

Combating climate change: NYDFS calls on insurance industry to help

by Hogan Lovells on

On 26 July 2017, the New York Department of Financial Services (the “NYDFS”) issued Circular Letter No. 9 (2017) (the “Circular Letter”) and a corresponding press release, directed at all life, property/casualty, and health...more

Report links US nuclear industry to national security

by PretiFlaherty on

The U.S. nuclear energy enterprise is a key national security enabler, according to a report released this week by a new non-profit. The Energy Futures Initiative's report describes the domestic nuclear energy industry as...more

OSHA and Workplace Violence: What Contractors Need to Know

Although most contractors go to great lengths to promote jobsite safety, the fatal injury rate in the construction industry – which employs almost 6.5 million people – still exceeds that of any other U.S. industry. The...more

FTC Issues ‘Stick with Security’ Guidance Emphasizing Data Security Best Practices

The Acting Director of the FTC’s Bureau of Consumer Protection, Thomas B. Pahl, recently commenced a ‘Stick with Security’ series of blog posts that analyze the data security principles championed by the FTC in its Start with...more

Three Urgent Questions to Ask When Trade Secrets Migrate Across Borders

by Kobre & Kim on

Today’s employees can quickly become tomorrow’s trade rivals. Seamless information-sharing among an increasingly global workforce is great — until key knowledge lands in competitors’ hands. It may be tempting for teams and...more

Cyber Insurance: Get What You Pay For              

by Fisher Phillips on

Due to the increasing number of successful and attempted cyber-attacks and increased government scrutiny surrounding protection of confidential information, companies cannot ignore the various risks associated with potential...more

Considerations for Participants in the Expanding Market for Compensatory Mitigation Credits

by Sullivan & Worcester on

In a recent blog post, we described the basic statutory and regulatory framework supporting the increasing popularity of mitigation banking. In this update, we offer some additional observations for property owners and other...more

Privacy & Cybersecurity Update - July 2017

In this month's edition of our Privacy & Cybersecurity Update, we examine new privacy laws in Germany, an FTC settlement with an alleged consumer loan company over unfair and deceptive practices, the dismissal of a data...more

EMA’s revised Guideline on first-in-human trials increases the level of protection of trial participants

by Hogan Lovells on

The European Medicines Agency (EMA) has released a new Guideline on strategies to identify and mitigate risks for first-in-human and early clinical trials with investigational medicinal products. The Guideline was adopted by...more

No Rules, Just Be Right? The ABA's New Technology Ethics Opinion

by JD Supra Perspectives on

On the heels of the recent Petya ransomware attack, which infected DLA Piper's IT systems, a superb analysis by Peter Norman of the ABA's Formal Opinion 17-477R on lawyers' ethical responsibilities when using information...more

Gavel to Gavel: Preventing data breaches

by McAfee & Taft on

The risk data breaches and cyberattacks pose to small businesses cannot be overstated. Roughly half experienced a breach within the past year at an average cost of $665,000 and immeasurable lost revenue. Worse yet,...more

Cybersecurity: When Social Engineering Fraud is Not Covered Under Your Insurance Policy

by Bennett Jones LLP on

We live in an age of escalating cybersecurity threats. Many intrusion threats are social engineering attacks, which seek to gain entry to an organization's computer systems via its personnel and not a hack to the computer...more

Minimizing Risks and Maximizing Opportunities in China-Latin America Investment

On June 1, 2017, Skadden hosted the webinar “Minimizing Risks and Maximizing Opportunities in China-Latin America Investment.” Topics of discussion included the increasing importance of Chinese investment in Latin America,...more

New Revenue Recognition Standard – Part VI: What Does Mean?

by Thomas Fox on

Over several blog posts, I have explored in detail the new Financial Accounting Standards Board (FASB) Accounting Standards Update No. 2014-09, Revenue from Contracts with Customers (Topic 606), which set forth a new Revenue...more

Environmental Law: H.R. 2936 a Solution to Fire-borrowing?

by Lewitt Hackman on

The federal House Natural Resources Committee (HNRC) recently passed H.R. 2936, a bill to improve the overall health of forests and other lands across the country. The bill was introduced by Bruce Westerman (R-AK), who is...more

Blog: Monetizing an Earn-Out – Does That Make It a “Security?”

by Cooley LLP on

In life sciences/medical technology transactions, buyers and sellers often use milestone-based and sometimes royalty-based contingent consideration to compensate sellers for assets that are in various stages of development...more

North Sea decommissioning: Primed for a boom? The complexities and challenges associated with decommissioning offshore oil and...

by White & Case LLP on

Historically, the attitude towards decommissioning disused offshore oil and gas platforms—'abandonment' as it was previously known—has been largely negative, with companies viewing mature installations as a burden rather than...more

Types of Insurance That May Apply if You Are Injured in a Car Accident in North Carolina

by Ward and Smith, P.A. on

In 2015, there were over 250,000 reported car accidents in North Carolina. And, unfortunately, statistics suggest that nearly every driver will be involved in at least one car accident in their lifetime. Given these numbers,...more

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Cybersecurity

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