News & Analysis as of

Corporate Governance Third-Party

Troutman Pepper

Delaware Corporate Charters Cannot Incorporate Provisions of Third-Party Agreements by Reference

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In Seavitt v. N-able, Inc., the Delaware Court of Chancery held that certain governance rights granted to a corporation’s significant stockholders were statutorily invalid. This included a provision purporting to allow those...more

Foodman CPAs & Advisors

Empresa Que Reporta Obtiene Claridad Sobre La Actualización De FinCEN FAQs 1/12/24

El 1/12/24, FinCEN actualizó una vez más las preguntas frecuentes relacionadas con la regla de presentación de reportes de información sobre beneficiarios finales (BOI) agregando diez nuevas preguntas frecuentes....more

Foodman CPAs & Advisors

Reporting Company Gets Clarity On FinCEN FAQ 1/12/24 Update

On 1/12/24, FinCEN once again updated FAQs relating to the Beneficial Ownership Information (BOI) Reporting Rule by adding ten new FAQs. On 1/4/24, FinCEN published additional BOI FAQ’s to include new information about...more

Sheppard Mullin Richter & Hampton LLP

AI Technology – Governance and Risk Management: Why Your Employee Policies and Third-Party Contracts Should be Updated

AI technology is a powerful tool and “with great power comes great responsibility.” Use of AI technology can give rise to various forms of liability that may not even occur to you. And use of generative AI impacts not only...more

American Conference Institute (ACI)

The Role of Artificial Intelligence in Ephemeral Messaging

As U.S. regulators and enforcement authorities alike become increasingly focused on corporate oversight practices of their employees' use of third-party messaging applications, including ephemeral messaging, companies should...more

Vinson & Elkins LLP

Updated DOJ Guidance on Devices and Ephemeral Messaging

Vinson & Elkins LLP on

On March 3, 2023, the Department of Justice (“DOJ”) issued long-awaited guidelines on how it will evaluate whether companies have implemented appropriate guidance and controls on the use of personal devices and third-party...more

Wiley Rein LLP

Corporate Criminal Enforcement Predictions for 2023

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With all eyes turning to 2023, recent Department of Justice (DOJ) corporate enforcement policy changes and clarifications hint at what can be expected from the DOJ in the year ahead. In September, Deputy Attorney General...more

Morrison & Foerster LLP

Preserving Data from Personal Devices and Third-Party Messaging Platforms – What Should Companies Do?

Morrison & Foerster LLP on

Deputy Attorney General (DAG) Lisa Monaco’s September 15, 2022, memorandum on revisions to the Department of Justice’s (DOJ) Corporate Enforcement Policies (the Monaco Memo) reflects that preservation of business...more

StoneTurn

5 Tips For Meeting DOJ’s New CCO Certification Requirements

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The DOJ has signaled that CEO and CCO certifications will become a staple of all corporate settlement agreements. Critics worry CEOs and CCOs face undue personal liability and argue it will dissuade CCOs from accepting the...more

Lowenstein Sandler LLP

Effective and Efficient Pre-Transaction FCPA Diligence: How to Leverage Compliance and ESG to Avoid Buyer’s Remorse and Other...

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The arduous process of FCPA compliance requires risk teams to digest and cross-reference a morass of information – from internal data analysis to human representatives collecting interviews on the ground. Diligence failures...more

White & Case LLP

Examining the ABC risks as the mining & metals sector gains critical momentum

White & Case LLP on

Key considerations around bribery and corruption risks, as the mining & metals sector is gaining critical momentum in the world's energy transition toward a low-carbon future. Mining & metals in a low-carbon world - The...more

Mitratech Holdings, Inc

Your Policy Management Solution Needs Ease of Ongoing Development

Welcome to the final installment in this six-part series, where we’ve been exploring ease of use as a key criterion when choosing a Policy Management solution. ...more

Seyfarth Shaw LLP

FTC Touts Refined Approach to Data Security Enforcement

Seyfarth Shaw LLP on

Synopsis: On January 6, 2020, Andrew Smith, director of the Federal Trade Commission’s Bureau of Consumer Protection, outlined in a blog post the agency’s new approach to data security orders. The agency implemented this...more

Winstead PC

Cautionary Note for Private Company Owners: Third Party Investors Can Create Thorny Problems

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Like fish need water in which to swim, private company owners need to secure capital on an almost continuous basis. Capital is necessary to develop the company’s products and services, to retain top talent and to market and...more

Thomas Fox - Compliance Evangelist

AI in Compliance – Strategies For and With AI

Last week, I penned a blog series around a special White-Collar Crime section in the July Harvard Business Review (HBR). This week, I propose to write a multipart blog post series based upon the MIT Sloan Management Review...more

Pillsbury Winthrop Shaw Pittman LLP

Slavery in Supply Chains: CBP Petitions Raise New Forced Labor Compliance Risks

Third-party petitions seeking to ban the importation of goods made with forced labor may affect global supply chains. Petitions are being filed with U.S. Custom and Border Protection seeking to ban the importation into the...more

Bass, Berry & Sims PLC

GDPR Top 5 Actions You Should Take NOW

Bass, Berry & Sims PLC on

The EU’s General Data Protection Regulation (GDPR) goes into effect on May 25th. As most organizations are aware, the GDPR applies not only to EU businesses but also many companies in the U.S. While the deadline is quickly...more

Wilson Sonsini Goodrich & Rosati

Important Reminders for the 2017 Proxy Season

The following are some important reminders and updates for the 2017 proxy season. Say-When-on-Pay - Required Vote in 2017 - The Securities and Exchange Commission (SEC) requires companies to conduct a...more

Latham & Watkins LLP

International Fraud & Asset Tracing (3rd Edition), France

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In this Guide: - Introduction - Managing the Internal Investigation - Disclosure from Third Parties - Steps to Preserve Assets/Documents - Civil Proceedings - Anti-Bribery/Anti-Corruption Legislation -...more

Thomas Fox - Compliance Evangelist

FCPA Compliance and Ethics Report-Episode 63-Managing the Third Party Relationship Under the FCPA, Part I

In this episode I being a two part series on how to manage your third party relationships under the FPCA and UK Bribery Act. In this episode, steps 1-the Business Justification and Step 2-the Questionnaire. ...more

Thomas Fox - Compliance Evangelist

The Mann Gulch Fire and How Far Down the Chain Do You Need to Go?

Robert Sallee died last week. A smoke jumper, he was the last survivor of the Mann Gulch Fire, one of the worst disasters in the history of the US Forest Service. Sallee’s story and that of the Mann Gulch Fire was detailed in...more

Parker Poe Adams & Bernstein LLP

The Latest in Bylaws–No Director Third-Party Compensation

Every now and then a bylaw amendment gains favor in corporate America. A few brave companies act as early adopters. Then, if the concept has merit and nothing bad happens, other companies follow suit until it becomes...more

NAVEX

Third Party Risk in a Global Environment

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Most organizations engage with hundreds, if not often thousands, of third party vendors, suppliers, agents and business partners, creating a daunting and ever-expanding scope of risk. This risk arises from: 1....more

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