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Corporate Counsel

Confusion Over New SEC Cyber Rules Leading Firms to Overstate Attack Readiness

"We believe—and evidence shows—that the SEC's new rule sets a high bar that most companies and their investors cannot achieve today," the report says.
6 minute read

Corporate Counsel

Lacking Votes but Not Vigor, GOP FTC Members Trying to Slow Down Lina Khan's Steamrolling Majority Any Way They Can

"The pushback doesn't change what the commission is going to do. But I think it does make staff and the majority button things up a bit more," said John Villafranco, a partner at Kelley Drye Warren.
12 minute read

Corporate Counsel

Norfolk Southern Fires Legal Chief and CEO, Saying They Had Inappropriate Relationship

The company dismissed Nabanita Nag, effective immediately. She joined the rail giant in 2020 and received a major promotion two years later.
3 minute read

Corporate Counsel

Part II: Corporate Regulation and Deregulation after the 2024 Presidential Election

Part I of this two-part series laid out the competing visions of former President Trump and Vice President Harris for the administrative state and suggested how each might govern based on past performance and statements. We also overviewed shifts in the legal landscape that will frame executive action and judicial oversight in the next presidential administration. Here in Part II we look forward to that new administration and propose some top-level guidance for corporations and their counsel to start planning or implementing now, and then after the election, in preparation for January 20, 2025.
6 minute read

Corporate Counsel

Future Proofing Your Contracts for DORA

The EU wants to bring a harmonious, standards-based approach to regulating how financial businesses monitor resilience and avoid ICT-related risks. Up until now, cloudy guidance on how this can be achieved creates further risk. Enter DORA with its intentions to provide clarity to financial entities. This includes expanded requirements that must be incorporated into contracts between financial entities and ICT third-party providers.
7 minute read

Corporate Counsel

$10M John Deere Bribery Settlement Underscores Risks of Not Integrating Acquisitions

The Securities and Exchange Commission said that in the three years after Deere bought Wirtgen Thailand, the unit plied government officials with cash, massage parlor visits and lavish sightseeing trips to Europe. regulator found Illinois-based John Deere failed to integrate Wirtgen Thailand, a former German outfit into its existing compliance and controls environment after acquiring Wirtgen Group in 2017, resulting in "bribery schemes going unchecked for several years," the SEC's FCPA division enforcement chief Charles Cain said in a statement. "This action is a reminder for corporations to promptly ensure newly acquired subsidiaries have all the necessary internal accounting control processes in place."
4 minute read

Corporate Counsel

Joining Effort to Beat Down NLRB, Amazon Suit Calls Agency's Administrative Process 'Constitutional Infirmity'

The e-commerce giant's beef stems from an administrative injunction the NLRB filed against it in March 2022, about a week before workers at a Staten Island Amazon warehouse voted to unionize.
3 minute read

Corporate Counsel

Compliance Chiefs See Pay Surge as Regulatory Onslaught Buries Perception It's a Backwater Role

"Companies have increasingly trended toward moving the compliance function to an independent organization, sitting as a peer to the legal function." according a Major, Lindsey & Africa report.
3 minute read

International Edition

Carrots vs. Sticks: How Companies Are Using Corporate Compliance Strategies to Fight Corruption in Latin America

Corruption in Latin America remains widespread, despite government efforts to curtail it, but businesses operating in the region are rising to the challenge. Data from a recent survey reveals that corporations are increasingly responding to elevated corruption risks and low levels of trust in state institutions by adopting sophisticated compliance strategies that mitigate risks and protect legitimate business operations. (Part 2)
5 minute read

International Edition

Carrots vs. Sticks: Corporate Compliance, Not Enforcement, Is Driving the Fight Against Corruption in Latin America

Corruption in Latin America remains widespread despite government efforts to curtail it, but businesses operating in the region are rising to the challenge. Data from a recent survey reveals that corporations are increasingly responding to elevated corruption risks and low levels of trust in state institutions by adopting sophisticated compliance strategies that mitigate risks and protect legitimate business operations.
5 minute read

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