IVSC

MARCH 22, 2022

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.

Compliance 244

Compliance Discounted Cash Flow Fair Market Value Liquidation Value 244

Mckinsey and Company

MARCH 1, 2024

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.

Compliance 145

Compliance Banking 145

Harvard Corporate Governance

JULY 25, 2023

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.

Compliance 200

Compliance 200

Harvard Corporate Governance

OCTOBER 7, 2024

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.

Compliance 124

Compliance Technology 124

Harvard Corporate Governance

SEPTEMBER 8, 2024

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…)

Compliance 297

Compliance Finance 297

Harvard Corporate Governance

SEPTEMBER 18, 2024

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.

Compliance 124

Compliance 124

Harvard Corporate Governance

NOVEMBER 18, 2022

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.

Compliance 183

Compliance 183

ThomsonReuters

NOVEMBER 8, 2024

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.

Compliance 118

Compliance Data Analysis Finance Technology 118

Harvard Corporate Governance

OCTOBER 9, 2022

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…).

Compliance 247

Compliance 247

Harvard Corporate Governance

JUNE 6, 2022

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 (..)

Compliance 310

Compliance 310

Harvard Corporate Governance

DECEMBER 14, 2023

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.

Compliance 278

Compliance 278

Harvard Corporate Governance

OCTOBER 7, 2023

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…)

Compliance 255

Compliance Technology 255

Harvard Corporate Governance

FEBRUARY 4, 2024

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…)

Compliance 219

Compliance Technology 219

Harvard Corporate Governance

JULY 22, 2022

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].

Compliance 275

Compliance Equity 275

Harvard Corporate Governance

AUGUST 24, 2022

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.

Data Analysis 239

Data Analysis Compliance 239

Harvard Corporate Governance

SEPTEMBER 2, 2023

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.

Technology 331

Technology Compliance Equity 331

Harvard Corporate Governance

JANUARY 17, 2023

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

Compliance 238

Compliance 238

Harvard Corporate Governance

NOVEMBER 4, 2023

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

Compliance 273

Compliance 273

Harvard Corporate Governance

NOVEMBER 6, 2022

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…).

Compliance 325

Compliance Marketability 325

Harvard Corporate Governance

OCTOBER 1, 2022

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.

Compliance 220

Compliance Marketability 220

Harvard Corporate Governance

OCTOBER 14, 2022

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.

Compliance 226

Compliance Equity Technology 226

Harvard Corporate Governance

SEPTEMBER 26, 2023

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…)

Compliance 211

Compliance 211

Harvard Corporate Governance

AUGUST 9, 2022

Recent Delaware decisions have reminded boards of directors of the obligation to make a good faith effort to put in place a compliance system designed to help ensure that their companies operate within the bounds of the law and that their products, services, and operations do not cause harm to consumers, community members, or the environment.

Compliance 211

Compliance 211

Harvard Corporate Governance

FEBRUARY 5, 2024

Derivative Litigation [1] and its progeny, apply to business risks in addition to legal compliance. Key Takeaways The Court of Chancery continues its consideration of whether a director or officer’s oversight duties, set forth in the seminal case of In re Caremark International Inc. The Court’s recent decision in Segway, Inc.

Compliance 210

Compliance 210

N Contracts

OCTOBER 22, 2024

Imagine a mortgage lender who works closely with a real estate agent. The agent sends a lot of business the mortgage lender’s way because they do a great job taking care of the agent’s clients. When the holidays roll around, the mortgage lender gives the real estate agent a gift card as a thank you for the referrals.

Compliance 98

Compliance 98

Harvard Corporate Governance

NOVEMBER 16, 2022

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.

Compliance 183

Compliance Finance 183

Harvard Corporate Governance

MAY 5, 2024

By incentivizing individuals in this way, the program also intends to encourage companies to implement compliance programs that will enable them to prevent, detect, remediate and report misconduct.

Compliance 229

Compliance 229

Harvard Corporate Governance

MAY 28, 2023

For the new event-based reporting requirements, the effective/compliance date is six months after the date of publication in the Federal Register.

Equity 229

Equity Compliance 229

Harvard Corporate Governance

NOVEMBER 24, 2022

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.

Compliance 235

Compliance 235

Harvard Corporate Governance

DECEMBER 3, 2023

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.

Enterprise Value 334

Enterprise Value Market Risk Technology Compliance 334

Harvard Corporate Governance

SEPTEMBER 24, 2023

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…)

Compliance 214

Compliance 214

Harvard Corporate Governance

JULY 9, 2022

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]

Compliance 328

Compliance 328

Harvard Corporate Governance

NOVEMBER 8, 2023

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…)

Compliance 214

Compliance Equity Marketability 214

Harvard Corporate Governance

APRIL 18, 2023

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.

Banking 228

Banking Compliance Marketability 228

Harvard Corporate Governance

DECEMBER 16, 2022

Determining Whether Your Corporate Compliance Program is “Good Enough”. Tags: Compliance Program , Corporate governance , DOJ Compliance Guidance , Monaco Memo , Risk assessment , U.S. Posted by Rich Kando, Sean Dowd, Robert Coffey, AlixPartners, on Wednesday, December 14, 2022. Department of Justice.

Compliance 250

Compliance Finance 250

IVSC

JANUARY 24, 2024

Valuation Models New guidance on model selection and the necessity of professional judgement for IVS compliance. What if my client specifies a valuation in compliance with an earlier version of IVS, or another standard all together? states the following in relation to Compliance: 40.01

Intangible Assets 279

Intangible Assets Compliance Marketability Banking 279

Harvard Corporate Governance

JULY 30, 2024

4] Similarly, corporate entities cannot avoid liability by simply applying the three lines of defence to reputational and operational risks.

Finance 278

Finance Compliance 278