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Increasingly, as part of settlements, the commission has insisted that companies retain an independent compliance consultant who will report back to the staff of the SEC’s Division of Enforcement on compliance-related undertakings.
Compliance has become a critical corporate governance issue. In response, companies pour billions of dollars into compliance programs meant to prevent and detect wrongdoing by their employees. Yet there remains much skepticism regarding the effectiveness of these compliance programs. more…)
and other US government officials announced significant changes to the US Department of Justice’s (DOJ) Evaluation of Corporate Compliance Programs (ECCP) and continued to emphasize the importance of effective and robust compliance policies.
Business leaders of companies operating outside of the financial services industry (“corporates”) are more frequently asking their legal and/or compliance departments a variation of the following question: “Is our company’s compliance program good enough?”. more…).
The US Department of Justice (DOJ) and the US Securities and Exchange Commission (SEC) have issued a number of policy updates and public pronouncements over the last several months, emphasizing the importance of empowered and accountable corporate compliance programs. Ensure compliance has the resources to do its job. more…).
Highlights: Growing importance and data demands of ESG : The increasing significance of ESG compliance is overwhelming teams with expanding data demands and regulatory scrutiny. It takes considerable resources (time, money, human capital) to collect, store, and analyze the increasingly large amounts of data that ESG compliance requires.
The fundamental components of effective corporate compliance programs have not changed significantly in recent years. [1] Department of Justice leaders expressed particular concern this year about whether companies have appropriately integrated their compliance departments. The challenges you have accessing data. more…).
Compliance. However, IVSC and AEV would recommend the adoption of these terms to aid alignment with IVS and in keeping other national valuation standard setters, who adopt these terms to support compliance with IVS. Inclusion of a section on compliance with IVS within valuation reports. Purpose (Objective). Valuation Standards.
Corporate compliance is at an inflection point, putting pressure on companies to reinforce their compliance programs more than ever before. Corporate policies serve as a blueprint for company-wide compliance programs, implementing compliance efforts into companies’ daily operations.
This report analyzes the major US and international ESG disclosure regulations on corporate radars in 2025 and shares practical recommendations for governance and compliance. more…)
Posted by Darryl Lew (White & Case LLP), Courtney Hague Andrews (White & Case LLP) and Joshua W. Rusenko (KPMG LLP), on Tuesday, July 25, 2023 Editor's Note: Darryl Lew and Courtney Hague Andrews are Partners at White & Case LLP and Joshua W. Rusenko is an Attorney at KPMG LLP.
In the next five years, generative AI could fundamentally change financial institutions’ risk management by automating, accelerating, and enhancing everything from compliance to climate risk control.
Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs (ECCP) guidance. First published in 2017, the ECCP sets out factors that DOJ Criminal Division prosecutors will consider when evaluating the compliance program of a company facing a criminal enforcement action. On September 23, 2024, the U.S.
Companies globally say they see room for improvement in governance, risk, and compliance (GRC), a new McKinsey survey shows. But a few are bucking the trend with smarter, more effective capabilities.
The scope of their responsibilities continues to expand beyond the traditional remit of financial reporting and internal controls, internal and external audit, and ethics and compliance programs. more…)
Proposals to delay compliance deadlines in California’s three landmark climate-related disclosure laws failed to pass during the recently concluded legislative session, while a modest set of changes to S.B. Zilberberg, Davis Polk & Wardwell LLP, on Wednesday, September 18, 2024 Editor's Note: David A.
Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Friday, November 18, 2022 Editor's Note: Hester M. Peirce is a Commissioner at the U.S. Securities and Exchange Commission. This post is based on her recent remarks.
Delaware courts have become more willing to allow stockholders to pursue claims that directors breached their duty to oversee risk management and compliance. Boards need to ensure that they are devoting enough attention to risks and compliance and carefully document their oversight efforts. more…).
Posted by Cynthia Dow, Harsonal Sachar, and Leah Christianson, Russell Reynolds Associates, on Monday, June 6, 2022 Editor's Note: Cynthia Dow leads Russell Reynolds Associates’ Legal, Risk & Compliance Officers capability; Harsonal Sachar leads Knowledge for Russell Reynolds Associates’ Legal, Risk & Compliance Officers and Human Resources (..)
ASARCO was required to spend an estimated $150 million to come into compliance with regulations that ASARCO had been in violation of since 2005. In 2015, the Environmental Protection Agency entered a settlement with ASARCO LLC for violations of the Clean Air Act at a copper smelting plant in Hayden, Arizona.
Today, the Staff in the Division of Corporation Finance at the Securities and Exchange Commission published one new and one revised Compliance and Disclosure Interpretation (C&DI) under Regulation 13D-G. Rodgin Cohen , Robert W. Downes , and Eric M.
Artificial intelligence (AI) has the capacity to disrupt entire industries, with implications for corporate strategy and risk, stakeholder relationships, and compliance that require the attention of the board of directors. The implications for compliance with legal, regulatory, and ethical obligations. more…)
1] Thus, the board’s fiduciary duties require that it exercise oversight—within its informed, good faith discretion—of the company’s strategy and “mission-critical” risks in pursuit of long-term value, including by implementing and monitoring an effective compliance program and related system of controls. [2].
In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources. SEC Holds Chief Compliance Officer (CCO) Liable for Failing to Implement Policies and Procedures.
Highlights: 82% of leaders say ESG is crucial for corporate success in 2024, beyond mere compliance. AI and third-party tools are transforming ESG compliance and strategic decision-making. Companies are recognizing that robust ESG practices are not just about compliance, but are integral to achieving long-term success and resilience.
As companies continue to explore and invest in AI, they also are tasked with considering numerous business implications, such as ethics, compliance, and regulatory processes; risks (e.g., operational and reputational) and risk appetite; equity; governance; and the role of the board.
GSAM), including a penalty in the amount of $4 million, in which the SEC alleged that GSAM initially failed to adopt procedures to ensure compliance with certain ESG claims made to GSAM clients/investors and then, once adopted, failed to follow such procedures. Like the BNY Mellon ESG order, which was settled last May for $1.5
Tax authorities worldwide are driving significant changes in digital tax compliance through the implementation of e-invoicing and digital reporting mandates. This innovative collaboration, which will be available later this year, offers key benefits for your business while providing unmatched compliance capabilities.
See Compliance and Disclosure Interpretation (C&DI) 121H.01 01 clarifies that compliance with the required disclosures, including the exhibit filing, is not expected until December 1, 2023, when the recovery policy becomes mandatory under the listing standards. 01 (emphasis added). We believe the guidance in C&DI 121H.01
Companies listed on the Nasdaq Global Select Market or Nasdaq Global Market tiers that are unable to comply with the initial 180-day compliance period may transfer to the Nasdaq Capital Market to take advantage of the additional 180-day compliance period offered by that tier. more…).
Data analytics technology has now matured to a point where companies should consider how to harness it for enhancing compliance around their corporate financial and sustainability disclosures. Danilack, Frances Waldmann , Chris Rosina , and Samantha Yi. more…)
Empowering Corporate Compliance Functions in a Post-Pandemic Environment. Tags: compliance , Corporate crime , Market conditions , Mergers & acquisitions. Battle for Our Souls: A Psychological Justification for Corporate and Individual Liability for Organizational Misconduct. Posted by Erin Brown Jones, Christopher D.
Facilities service provider Mitie said Thursday it has agreed to acquire Marlowe, a regulatory compliance firm, in a cash-and-stock deal worth approximately £366 million ($497 million).
DOJ Revamps Corporate Criminal Enforcement Policies with Continued Emphasis on Compliance. Tags: Climate change , compliance , Disclosure , ESG , Risk assessment , SEC , Shareholder power , Stakeholders. Posted by Justin P. Murphy, Sarah E. Walters, and Edward B. Diskant, McDermott Will & Emery LLP, on Friday, October 7, 2022.
With the benefit of a half-year of hindsight, it is worthwhile to confirm the compliance and risk-related lessons arising from the two recent. This post is part of the Delaware law series ; links to other posts in the series are available here. Delaware decisions addressing the McDonald’s workforce culture controversy. [1] more…)
Welcome to the Compliance Outreach Program of the Securities and Exchange Commission’s Investment Adviser/Investment Company National Seminar. Compliance. As chief compliance officers, I think that you all seek to be considered as “good counsellors.”. Good morning.
Remarks by Commissioner Peirce before FINRA’s Certified Regulatory and Compliance Professional Dinner. Tags: board diversity , Board of Directors , Compliance & ethics , Manager characteristics , Managmenet , Stakeholders. Posted by Hester M. Peirce, U.S. Securities and Exchange Commission, on Friday, November 18, 2022.
Opportunities remain to better align external risk reporting with internal risk management and reporting processes, improve the readability and categorization of risks, and make disclosures less generic.
The Mandatory Audits provision for private funds and the Written Annual Review requirement to document annual compliance reviews under Rule 206(4)-7. The New Rules also add books and records requirements to document compliance. Requirements for advisers when undertaking Adviser-Led Secondaries. more…)
As we wrote in Harvard Business Review in 2020, “Reviewing financial statements, audit activities, and compliance activities are the responsibility of the board, not the mission of the board. The most successful boards not only know this, but they craft their work and interactions to reflect it.” [1]
Consistent with the “comply-or-explain” expectations established by the Principles, we encourage companies to proactively disclose their level of compliance with the Principles.
Compliance with the revised Schedule 13G filing deadlines will be required beginning September 30, 2024, and compliance with the structured data requirements for Schedule 13D and 13G will be required beginning December 18, 2024. more…)
Companies must also be diligent in ensuring their continued compliance with federal securities laws. Boards and officers should coordinate with inside counsel and outside counsel as needed to assure compliance with applicable laws, including those concerning board duties and oversight and securities law disclosures.
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