News & Analysis as of

Risk Management

Can't This Just Be Over? Standing In Cybersecurity Claims

by Murtha Cullina on

In August, the United States Court of Appeals for the DC Circuit revived a class action lawsuit, holding that the threat of harm from a data breach is enough to satisfy the "injury in fact" standing requirement. Attias v....more

Congress Proposes National Directory of Beneficial Owners of Legal Entities

by Ballard Spahr LLP on

Congress is considering a new draft bill, the Counter Terrorism and Illicit Finance Act (“CTIFA”), currently in committee in the Senate.  The CTIFA proposes the most substantial overhaul to the Bank Secrecy Act (“BSA”) since...more

Cybersecurity Threats and Risks

by Michael Volkov on

Companies are correctly focused on cybersecurity risks. Notwithstanding this focus, companies are struggling with how to respond to threats and risks. Cybersecurity threats are quickly evolving – akin to the time when...more

Protecting Your Business—Drones and Liability

Unmanned aerial systems (UAS or drones) are getting better (and cheaper) each day, which means that more and more businesses will be using drones to carry out everyday tasks. However, with respect to compliance and...more

Innovation summit separates AI hype from reality

Artificial intelligence (AI) and other disruptive technologies came under the spotlight in a series of thought-provoking sessions at our annual Financial & Risk Summit in Toronto....more

John Fogarty’s Guitar and Obsessing Over Less

by Thomas Fox on

After having seen the Moody Blues feature Days of Future Passed last week, my wife and I caught John Fogarty in concert over the weekend (yes, it is beginning to look like the rock and roll compliance blogger is back)....more

The North Korea Gap in Your Cyber Insurance

by Newmeyer & Dillion LLP on

North Korea was recently identified as the powerhouse behind the WannaCry ransomware attack that swept across 150 countries and 200,000 computers. Panicked hospitals cancelled thousands of operations, ambulances were...more

Third-Party Risk Management Decisions Need Context to Maximize ROI

by NAVEX Global on

Effective third-party risk management has evolved beyond just identifying red flags. Today, mature programs know how to surface as well as prioritize their risk. Prioritization enables programs to apply resources and due...more

Renewing Corporate Vows to the Chief Compliance Officer

by Michael Volkov on

The chief compliance officer is at an important professional juncture – 2018 is an important year for the profession. In this era of growth, and after corporate tax relief, companies have an opportunity to invest increased...more

Days of Future Passed 50th Anniversary Tour, GHBER and the Control Risk 2018 Risk Map

by Thomas Fox on

The Moody Blues finally made it to Houston last week (well Sugar Land – but close enough). They were celebrating the 50th anniversary of the release of what many call the first progressive rock album, Days of Future Passed....more

Tenacity: What’s your word?

I recently had the chance to sit and have a ‘fireside chat’ with Dixon Terry, Vice-President, Compliance, at Shire Pharmaceuticals, during their Global Leadership Meeting. ...more

Me Too? Time for All Employers to Update their Anti-Harassment Policies

by Ballard Spahr LLP on

Sexual harassment has been headline news for many months now. It is almost impossible to go more than a few days without the headlines reporting another high-profile resignation or firing due to harassment allegations....more

The Uber Breach and the Need for an Independent Privacy Function

The 2016 data breach involving 57 million Uber riders and drivers and the ensuing efforts to conceal the breach appears to have tapped into the public’s — and the government’s — frustration with a series of increasingly large...more

Who Can Sue an Attorney—and How to Stop Them

by Dentons on

Unlike some other torts, the class of plaintiffs who can bring legal malpractice claims against attorneys is fairly limited. Generally speaking, legal malpractice claims can only be raised by a limited set of people to whom...more

Fore! Fourth Circuit Affirms No Coverage for Hole-in-One Payments

As proof that almost anything can be insured, hole-in-one insurance is available on the market. Coverage is granted for payments or awards (cars, cruises, golf trips, cash, etc…) given and can be obtained for the right...more

What Level of Due Diligence Should You Perform

by Thomas Fox on

Today, I want to take a deep dive and exploration of the levels of due diligence. Due diligence is generally recognized in three levels: Level I, Level II and Level III. Each level is appropriate for a different level of...more

The Need for Anti-Money Laundering Regulatory Reform

by Michael Volkov on

It is rare these days for Republicans and Democrats to agree on political priorities – another profound grasp of the obvious. Recently, on Capitol Hill there appears to be some common ground on the issue of reforming AML...more

Financial Institutions Are Playing Catch-Up in AML and Sanctions Compliance

by Michael Volkov on

Compliance officers are a much more collaborative group of professionals than lawyers. Compliance officers share information with colleagues about compliance experiences, best practices and strategies. The compliance...more

Employment Defense: It’s Raining Complaints

by Lewitt Hackman on

If you missed recent news regarding the #MeToo movement – welcome back from outer space! The Me Too movement has been sweeping the U.S. and the world since October 2017, encouraging women and men to speak up about sexual...more

Causes of Healthcare Data Breaches

by Bryan Cave on

Pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), covered entities (e.g. healthcare providers and health plans) must notify the Department of Health and Human Services (“HHS”) of breaches...more

GDPR promises stringent penalties for noncompliance: Be ready for the May 2018 deadline

by Hogan Lovells on

In 1995, the European Union (EU) sought to improve the security of business data within its member countries by introducing the Data Protection Directive. ...more

Time’s Up: I am woman, hear me roar

by FordHarrison on

“So I want all the girls watching here, now, to know that a new day is on the horizon! And when that new day finally dawns, it will be because of a lot of magnificent women, many of whom are right here in this room tonight,...more

Federal Reserve Board Proposes Guidance Clarifying Risk Management Supervisory Expectations for Large Financial Institutions

by Shearman & Sterling LLP on

The US Board of Governors of the Federal Reserve System issued proposed guidance for comment that would clarify supervisory expectations related to risk management for large financial institutions. This proposed guidance...more

Post-market medical devices, cybersecurity, and the U.S. FDA’s growing concerns

by Hogan Lovells on

From insulin pumps and pacemakers to defibrillators, medical devices increasingly rely on wireless and internet connectivity for efficient operations. Unfortunately, these interconnections also leave devices vulnerable to an...more

Countdown to the First Annual New York DFS Cyber Regulation Certification

On February 15th, organizations subject to the New York Department of Financial Services Cybersecurity Regulation are required to submit their first annual certification attesting to their compliance with the state’s new data...more

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