InhouseBlog.com » Risk Management & Compliance

10 Steps for Responding to a Corporate Data Security Breach

Editors — Tue, 22 May 2012 08:59:08 +0000

Your company has experienced a data security breach – is your company prepared to respond?

Data security breaches can have significant reputational, business, and legal costs for companies. To manage risk around data breaches, businesses must have in place procedures to guide a quick and effective response.

[via: 10 Steps for Responding to a Corporate Data Security Breach at CorpCounsel]

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Internal Corporate Investigations – a Forum for In-House Counsel 2012 (May 16-18, 2012, San Fran, CA)

Editors — Sat, 12 May 2012 22:22:42 +0000

Internal corporate investigations – a forum for in-house counsel sponsored by the American Bar Association. CLE Credit is available. More details are as follows:

In today’s litigious and highly regulated business environment, internal investigations have become a necessary centerpiece of corporate compliance, risk management, and litigation strategy. In-house counsel and compliance officers have seen increased stature, responsibilities, and access to company decision-makers. Corporate officers and directors, who face ever-increasing compliance burdens and heightened scrutiny from regulators, prosecutors, and plaintiffs’ counsel, must know what are considered to be the currently accepted measures they should employ to avoid or limit such risks for their companies, their shareholders, and themselves. A passing familiarity with new legislation, evolving government agency standards and guidance about voluntary disclosure is but a small part of public and privately-held companies’ needs for assessing the conduct of officers, directors, employees, and contractors — and the impact on corporate liability. Whether the issue involves whistleblowers, audits, financial and data integrity, immigration, employee activities, or international commerce, corporate internal investigations have become a necessary and critical tool for counsel in guiding difficult business, legal, and ethical decisions.

This National Institute remains unparalleled in its dissection of the pressing issues that comprise corporate internal investigations. Preeminent in-house and outside counsel, government lawyers, and other experts, including forensic accountants and investigators, will share their insights into the current issues and important considerations in conducting corporate investigations. This National Institute brings together leading practitioners to share their insights and perspectives about the legal, ethical, marketing, strategic, and managerial considerations to guide your advice and decision-making.

The Internal Corporate Investigations National Institute Steering Committee, the Criminal Justice Section White Collar Crime Committee, the Business Law Section, the Health Law Section, and the Section of International Law have collaborated to create this insightful, focused, and intensive program for in-house and outside counsel, and other professionals who are involved in corporate investigations. Two pre-conference workshops — a corporate investigations primer and a case studies program — will offer additional intensive instruction for those who are new to this practice or want a focused refresher.

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Conducting Internal Investigations and Separate Counsel for Employees

Editors — Tue, 01 May 2012 08:31:37 +0000

A recent article at InsideCounsel discusses whether your employees should have separate counsel during internal investigations:

At some point, almost every organization encounters questions of actual or suspected wrongdoing by its employees, officers or directors. When that scenario arises, it is time to launch an internal investigation to ferret out any wrongdoing and to take swift action to correct it. For most employees, cooperation in an internal investigation is a required condition of their continued employment. However, if the suspected wrongdoing turns out to have been conducted by one or more employees, the investigation may lead to anything from disciplinary proceedings against employees to criminal charges.

[via: Litigation: How to conduct internal investigations at InsideCounsel]

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An In-House Counsel Corporate Corruption Playbook

Editors — Thu, 26 Apr 2012 09:34:47 +0000

CorpCounsel features an article by lawyers from Brown Rudnick on Wal-Mart’s bribery scandal, and how in-house and outside counsel should work together when facing potential corporate corruption.

[via: An In-House Counsel Corporate Corruption Playbook at CorpCounsel]

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7 points to consider in regard to FCPA due diligence

Editors — Thu, 26 Apr 2012 07:31:55 +0000

A recent article at InsideCounsel discusses points to consider for FCPA due diligence.

[via: Regulatory: 7 points to consider in regard to FCPA due diligence at InsideCounsel]

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The perils of using unpaid interns

Editors — Tue, 24 Apr 2012 08:53:59 +0000

As the summer approaches, many companies look to enlist unpaid interns as a means of evaluating potential future talent. An article at InsideCounsel examines some of the perils involved.

[via: Labor: The perils of using unpaid interns at InsideCounsel]

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An effective compliance policy can be the cheapest insurance a company can buy

Editors — Tue, 13 Mar 2012 13:40:58 +0000

Does your company have an effective compliance policy?

Our forefathers realized that angels do not govern men, and that rules were needed to successfully govern. Corporations are the same. While most employees and managers have good intentions, rules are needed to successfully run the business.

[via: Labor: An effective compliance policy can be the cheapest insurance a company can buy at InsideCounsel]

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SEC calls for more guidance on in-house counsel’s supervisory roles

Editors — Thu, 08 Mar 2012 13:44:04 +0000

After a five-year-long Securities and Exchange Commission (SEC) probe, former GC Theodore Urban’s name has finally been cleared – but the SEC is calling for more guidance on the supervisory role of in-house counsel.

[via: SEC Commissioner calls for more guidance on in-house counsel’s supervisory roles at InsideCounsel]

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Boards of Directors Largely Ignoring Corporate Cyber-Risk Management

Editors — Thu, 08 Mar 2012 13:37:36 +0000

Is your corporate board ignoring cyber-risk issues?

Arrests of hackers and cyber-thieves from groups like Anonymous and LulzSec create the illusion that the good guys are winning the battle to secure the online world. But many corporate boards of directors are ignoring cyber-risk management altogether.

[via: Boards of Directors Largely Ignoring Corporate Cyber-Risk Management at CorpCounsel]

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In-House Counsel’s Guide to Crisis Management

Editors — Thu, 01 Mar 2012 15:01:07 +0000

Crisis management – is your legal department up to speed and ready to react?

While some companies crumble in the wake of disaster, others grow stronger as a result of the way they reacted. Understanding the common causes of crisis and best practices for responding can help in-house counsel guide a company through the minefield of media and public scrutiny that follows a catastrophe.

[via: In-House Counsel's Guide to Crisis Management at CorpCounsel]

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Arnaldo Perez, Carnival Cruises’ General Counsel, Faces Challenges After Italian Disaster

Editors — Mon, 27 Feb 2012 10:25:00 +0000

Arnaldo Perez, Carnival’s 51-year-old general counsel, leads a five-member in-house legal team coordinating the company’s response to the capsized Costa Concordia.

[via: Carnival Cruises In-House Counsel Face Challenges After Italian Disaster at CorpCounsel]

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8 strategies to protect trademarks against new domain names

Editors — Mon, 27 Feb 2012 09:20:25 +0000

Now that the Internet Corporation for Assigned Names and Numbers (ICANN) is proceeding on schedule to accept applications for new generic Top Level Domains (gTLDs), trademark owners need to know how to protect their rights.

[via: Technology: 8 strategies to protect trademarks against new domain names at InsideCounsel]

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Conflicts Arise When Complying With U.S. and E.U. Laws

Editors — Wed, 22 Feb 2012 13:09:31 +0000

Laws like the FCPA and the proposed E.U. data-privacy rules mean that companies that are rigorously complying with both U.S. and E.U. laws might run into complicated conflicts.

[via: Conflicts Arise When Complying With U.S. and E.U. Laws at CorpCounsel]

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The ins and outs of group terminations

Editors — Tue, 21 Feb 2012 10:38:11 +0000

Group terminations can be an effective tool in managing labor costs in a down economy, but they also present a host of potential issues that could lead to liability.

[via: Labor: The ins and outs of group terminations at InsideCounsel]

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Successful General Counsel Succession Planning

Editors — Mon, 20 Feb 2012 10:07:22 +0000

General counsel succession planning – has your company done any? For in-housers looking to move up, do you have what it takes to fit into that plan?

With increased scrutiny coming from both shareholders and federal regulators, companies can no longer dodge the succession question. You need to have your house in order, and that includes making sure you have the right people leading the legal team. GCs need to help define the criteria for the GC position, identify internal and/or external candidates, select their successor, and groom them to take over.

[via: Successful General Counsel Succession Planning at CorpCounsel]

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A primer on the Consumer Financial Protection Bureau (CFPB)

Editors — Thu, 09 Feb 2012 11:43:43 +0000

Aside from creating a lot of controversy, President Obama’s recess appointment of Richard Cordray as the first director of the Consumer Financial Protection Bureau (CFPB) left many people asking: What exactly is the CFPB and what does it do?

[via: Regulatory: A primer on the Consumer Financial Protection Bureau at InsideCounsel]

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Open Source Software – Risks, Use and Compliance (Free CLE Event from PLC, Feb. 22, 2012)

Editors — Tue, 07 Feb 2012 17:23:27 +0000

Open Source Software (“OSS”) is currently pervasive in its use for companies both large and small. Businesses use OSS to develop software rapidly and effectively, whether for their internal systems or for customer-facing products. Although OSS is obtained at no charge, there are significant risks in its usage because if the OSS is not integrated properly into existing systems, it can “infect” proprietary software, and a company is at risk of losing significant ownership value. This program will address the following:

How is OSS licensed?

Risks in use of OSS.

Procedures to use when introducing OSS into a company’s systems.

How to develop an OSS Compliance Policy.

Documenting OSS usage.

OSS due diligence and representations in mergers, acquisitions and transfers of software assets.

Attendees of the live webinar may receive CLE credit for the following states: CA, IL and NY.*

Date: Wednesday, February 22, 2012

Time: 1:00pm- 2:00pm ET (10:00am – 11:00am PT)

Cost: Free

Speakers:
Christopher Palestro
Director and Managing Counsel of IP Transactions
Hewlett-Packard

Richard Raysman
Holland & Knight LLP

Jeffrey R. Seul
Holland & Knight LLP

Paul Connuck (Moderator)
IP & IT Editor
Practical Law Company

*CLE credit for this program will be sought by Holland & Knight, which is an approved CLE provider in Illinois, New York and California. For New York attorneys, the webinar format will not qualify for CLE credit for transitional (newly admitted) attorneys. CLE credit will be available for experienced New York attorneys.

To register, visit the registration page today.

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Was Penn State’s GC Counsel for University Officials?

Editors — Fri, 03 Feb 2012 09:25:42 +0000

In-house lawyers represent the entity that issues their paychecks, not the executives and staff. But as seen in testimony from two Penn State officials, a company’s lawyers and constituents can understand the relationship differently.

[via: Was Penn State's GC Counsel for University Officials? at CorpCounsel]

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Can in-house counsel help combat fraud?

Editors — Thu, 02 Feb 2012 09:51:15 +0000

General counsel in Canadian organizations should think about taking on a greater role in the compliance function to help combat fraud before it takes place, says a forensics expert with KPMG.For years, John Williams, a partner with KPMG LLP based in Calgary has worked with audit committees and boards as well as in-house counsel. “More often than not when we get involved with the GC it’s on a reactive basis because there’s been a problem,” says Williams.Often, it has been a situation when a senor level executive has engaged in some inappropriate behavior such as a form of fraud or other financial misconduct it often involves a call to a forensic accountant. In its recent report, "Who is the typical fraudster?" KPMG looks at patterns in fraud and provides insight based on its analysis of 348 actual investigations, including many cases of financial misreporting.The findings show that globally, board members at divisional, subsidiary, and corporate levels commit nearly one fifth of fraud (18 per cent), and that senior management still accounts for the largest proportion of frauds perpetrated (35 per cent). The profile of a typical fraudster is: male 35 to 55 years of age in a management position with a fairly lengthy tenure and ideally situated to exploit any weaknesses.“The interesting thing that comes out of the survey is that that the primary reason for most frauds occurring continues to be the exploitation of weaknesses in internal controls,” says Williams, noting it is more common to see it happen in private companies. “I’ve seen situations where an employee who has worked for a company for 30 years has stolen millions of dollars from them.”In 2011, some 56 per cent of frauds had exhibited one or more prior red flags but only 10 per cent had been acted on. That means company and public sector employees are failing to respond to warning signs.Williams says he can see Canadian in-house counsel following on a trend that’s been developing in the United States in which general counsel are working more closely with internal audit functions, compliance executives, and monitoring officers.Large corporations in the U.S. are setting up compliance officers in cities where they have major subsidiaries. “My sense is that for the most part the people who are now fulfilling those roles are lawyers,” he says.Those lawyers are mandated to ensure that employees are complying with corporate initiatives such as whistleblowing mechanisms, anti-bribery and anti-corruption policies, as well as concerns over financial reporting or various risk management issues.“What I think is emerging out of the U.S. is the GC office is taking more of a pro-active role to ensure there are proper governance structures put in place to jointly address the culture of the organization, to make sure people understand how they can report their concerns and make sure the mechanisms are in place to give assurance to anybody who wants to report a concern that it’s a retribution-free environment,” says Williams. “Of course there’s always a caveat on that that if someone does it with a malicious intent all bets are off.”From his vantage point, Williams says the role of GC has expanded significantly since 2004. “They’re becoming more critical in terms of ensuring that corporations are setting the proper tone and satisfying their statutory obligations in terms of compliance.”In fact, he says general counsel hold a unique position in an organization. “More often than not, general counsel can stay above the fray. The ones I know don’t let emotion creep into their decision making and are generally effective in steering the corporation down the right path, making sure they don’t stray ethically with difficult situations, and holding everyone else to a higher standard.”In large organizations the roles of general counsel and compliance may need to stay separate says John Boscariol, leader with McCarthy Tétrault LLP’s international trade and investment law group. “I think the trend we’re seeing is there is a focus on appointing a chief compliance officer that is separate from your general counsel because of perceived conflicts.”Williams says there needs to be a healthy culture of openness in an organization, and making sure people in finance functions are properly supervised and monitored.“It’s tough for in-house counsel to be in charge of the internal controls but where they can be great is in the role of making sure the organization is in full control of all the compliance issues and statutes and working on a culture of compliance. From there, once people get it into the DNA of the organization, it doesn’t mean things won’t happen but it really minimizes a catastrophic loss.”

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Are your independent contractors really employees? The IRS wants to know.

Editors — Tue, 31 Jan 2012 10:18:38 +0000

The IRS wants to know if your independent contractors are really employees.

[via: Regulatory: The IRS wants to know if your independent contractors are really employees at InsideCounsel]

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Are E.U. and Google Data Policies the Future of Online Privacy?

Editors — Tue, 31 Jan 2012 10:14:20 +0000

Online privacy issues on the march:

This week, the European Union proposed an overhaul of its data protection law, and Google announced a new privacy policy for its users. And the FTC and Department of Commerce are getting ready to join this global chorus on data privacy.

[via: Are E.U. and Google Data Policies the Future of Online Privacy? at CorpCounsel]

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Report reveals highest number of EEOC discrimination charges ever

Editors — Mon, 30 Jan 2012 12:15:13 +0000

Littler Mendelson released a report tracking the highest number of EEOC discrimination charges ever in 2011.

[via: Report reveals highest number of EEOC discrimination charges ever at InsideCounsel]

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Preparing for Dodd-Frank Whistleblowers

Editors — Mon, 30 Jan 2012 11:22:25 +0000

While there is no sure way for a company faced with a securities violation to ensure that it will not become the subject of a whistleblower report, there are steps corporate counsel can take to minimize the risk, as a recent article at CorpCounsel points out.

[via: From the Experts: Preparing for Whistleblowers Under Dodd-Frank at CorpCounsel]

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Rounding Up the 10 Biggest IP Litigation Wins of 2011

Editors — Thu, 26 Jan 2012 08:42:36 +0000

In light of the ever-increasing importance of intellectual property to not just Apple, but seemingly every modern business, CorpCounsel presents a list of last year’s top 10 IP litigation wins.

[via: Rounding Up the 10 Biggest IP Litigation Wins of 2011 at CorpCounsel]

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5 ways to protect your company in the event of a key employee departure

Editors — Wed, 25 Jan 2012 09:30:48 +0000

How does your company protect itself in the event of a key employee departure? A recent InsideCounsel article discusses the topic.

[via: Labor: 5 ways to protect your company when a key employee departs at InsideCounsel]

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In-House Counsel’s Guide to Breast-Feeding Policies

Editors — Wed, 25 Jan 2012 08:26:06 +0000

Need to read up on corporate breast-feeding policies? CorpCounsel has a recent piece on the topic:

“Nurse-ins” have been in the news recently, as mothers stage peaceful protests aimed at promoting women’s rights to breast-feed their children in public. These events should prompt in-house counsel to examine their companies’ breast-feeding policies, including how their companies handle employees who need time to attend to breast-feeding responsibilities while at work and how employees interact with customers who are nursing.

[via: In-House Counsel's Guide to Breast-Feeding Policies at CorpCounsel]

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Ring in the New Year with an employee classification audit

Editors — Tue, 17 Jan 2012 12:16:07 +0000

Appropriately classifying workers can prevent your company from being negatively affected by a federal action. Is it time for an employee classification audit at your company?

[via: Labor: Ring in the New Year with an employee classification audit at InsideCounsel]

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About 40,000 New State Laws Take Effect Across the Nation In 2012

Editors — Tue, 10 Jan 2012 08:16:50 +0000

Some in-house counsel will have a little light reading in Q1 as a bevy of new state laws go into effect:

Nearly 40,000 new state laws took effect as merrymakers were ringing in the New Year earlier this week. Changes in abortion laws in New Hampshire, stricter rules governing young athletes in Colorado and even mandates governing golf carts in Georgia, are among the new regulations, MSNBC reports. Eight states will also see a boost in minimum wage laws. Many of the new laws reflect concerns over immigration, the cost of government and the best way to protect and benefit young people, according to MSNBC.

[via: About 40,000 New State Laws Take Effect Across the Nation In 2012 at the ABA Journal]

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How to protect your trade secrets in facilities abroad

Editors — Fri, 06 Jan 2012 10:02:26 +0000

A recent InsideCounsel article advises companies to put reasonable measures in place to maintain secrecy of their trade secrets in facilities abroad.

[via: How to protect your trade secrets in facilities abroad at InsideCounsel]

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2011 Was a Banner Year for FCPA Enforcement and Trials

Editors — Fri, 06 Jan 2012 08:58:07 +0000

2011 was a record year for FCPA enforcement and trials – what will 2012 bring?

[via: 2011 Was a Banner Year for FCPA Enforcements and Trials at CorpCounsel]

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