Compliance, Enforcement, and Risk Management Posts
Nonprofit Governance in an Age of Compliance
Peter Molk and D. Daniel SokolThis Article contributes to the corporate governance literature by identifying aspects of nonprofit governance that create unnecessary risk to nonprofit entities and to society overall.
WSJ on Justice Department’s Need for a Compliance Expert
Lauren KlosinskiAn article published in The Wall Street Journal reflects on the potential need for the Department of Justice to employ a full-time compliance expert, particularly in light of complications arising from the COVID-19 crisis.
Strategies for Complying With Privacy Laws While Collecting Employee Information Regarding the Coronavirus
Lori E. Lesser, Nicholas S. Goldin, Vanessa K. Burrows and Andrew M. KofskyMost companies must collect and use information about their employees’ travel plans and health conditions to protect their workforce from the spread of coronavirus disease 2019 (“COVID-19”). This memorandum addresses strategies for U.S. companies to comply with various privacy laws in connection with these activities.
What the Last Year of Cyber Enforcement Tells Us About the FTC’s Compliance Expectations
Avi Gesser and Molly O'Malley ClarkeWith 2019 coming to a close, we wanted to take a look at what can be learned from the FTC’s cybersecurity enforcement actions this year. As we have previously noted, the FTC came under criticism last year in the LabMD decision for not providing companies with sufficient clarity as to what it expects in terms of their cybersecurity measures.
DOJ Announces Revised Export Control and Sanctions Enforcement Policy for Companies, Including Financial Institutions
H. Christopher Boehning, Jessica S. Carey, Christopher D. Frey, Michael E. Gertzman, Roberto J. Gonzalez, Brad S. Karp, Mark F. Mendelsohn, Richard S. Elliott, Karen R. King and Anand SithianOn December 13, the U.S. Department of Justice’s National Security Division announced a new policy designed to encourage business organizations to make voluntary self-disclosures to the DOJ in connection with potentially willful export control and economic sanctions violations.
Headwinds and Shifting Priorities: Beyond the Numbers in the SEC Enforcement Division’s 2019 Annual Report
Robin M. Bergen, Matthew C. Solomon, Alex Janghorbani, Jenny Paul and Samuel H. ChangOn November 6, 2019, the SEC’s Division of Enforcement released its annual report (the “Report”) describing its enforcement actions from fiscal year 2019.
Another Look at Third-Party Management: Why We’re Missing 31% of Material Risks
Adam HillPrivacy regulators increasingly are prescribing rules around third-party vendor and data processing management. As of March 1, 2019, for instance, New York’s Department of Financial Services (NYDFS) requires that Covered Entities establish policies and procedures for assessing the risks posed by vendors, determining minimum cybersecurity and privacy practices, conducting due diligence, and following up with periodic assessments.
DOJ Announces Procurement Collusion Strike Force
Lauren KlosinskiOn Nov. 5, the U.S. Department of Justice issued a press release announcing the formation of the new Procurement Collusion Strike Force (PCSF) focusing on deterring, detecting, investigating and prosecuting antitrust crimes.
NBA Reportedly Bans Apps That Auto-Delete Communication Amid Tampering Crackdown
Mike ChiariThe NBA is reportedly going to even greater lengths to ensure that teams won’t tamper with players and their agents.
The Law of Corporate Investigations and the Global Expansion of Corporate Criminal Liability
Jennifer H. Arlen and Samuel W. BuellThis article demonstrates the central role that the law controlling corporate investigations plays in determining the effects of corporate criminal liability and enforcement policies.