In that first conversation with Jim Hassett in January, we discussed Squire Sanders’ position in the vanguard of this emerging area and how to maximize the benefits to our clients. In future conversations, we will discuss the most efficient ways to make project management information accessible to other members of our firm so that each lawyer can determine the best way to apply these principles in his or her own practice. We hope that the program and the certification will help our firm and our clients succeed in this rapidly changing world. … [Read more...] about Why We Decided to Become Certified Legal Project Managers
Certified risk and compliance management professional crcmp
10 See Section 1002(14) of Title X of Dodd-Frank. “Federal consumer financial law,” includes: 1) the provisions of Title X, such as Sec. 1031’s prohibition of unfair, deceptive or abusive acts or practices (“UDAAP”); 2) the enumerated laws found at Sec. 1002(12), which include the Alternative Mortgage Transaction Parity Act of 1982, the Consumer Leasing Act of 1976, the Electronic Fund Transfer Act, the Equal Credit Opportunity Act, the Fair Credit Billing Act, the Fair Credit Reporting Act, the Home Owners Protection Act of 1998, the Fair Debt Collection Practices Act, subsections (b) - (f) of section 43 of the Federal Deposit Insurance Act, sections 502 - 509 of the Gramm-Leach-Bliley Act, the Home Mortgage Disclosure Act of 1975, the Home Ownership and Equity Protection Act of 1994, the Real Estate Settlement Procedures Act of 1974, the S.A.F.E. Mortgage Licensing Act of 2008, the Truth in Lending Act, the Truth in Savings Act, section 626 … [Read more...] about Are Compliance Management Systems the New Battlefront for the CFPB and Prudential Regulators?
But the law may not mandate notification in all cases. New Jersey law does not require disclosure to a customer "if the business or public entity establishes that misuse of the information is not reasonably possible. N.J.S.A. 56:8-163(a). Thus, to the extent the unauthorized access is to encrypted data, customer notification may not be required, and even where the data is not encrypted, customer notification may not be required if the firm or business can say misuse of that data is "not reasonably possible." That could well be the case when a stolen laptop computer or smart phone is encrypted, requires a log in code or unique password to access the server or firm database, or when the firm has the ability to remotely disable or "wipe" the data from the stolen device. Best practice would require the Chief Information Officer or an outside IT professional to document the conclusion that misuse is "not reasonably possible," and the New Jersey statute requires that documentation to be … [Read more...] about Loss of Confidential Electronic Data: New Risks for Financial Professionals
The Guidance addresses such important compliance program considerations as (1) the definition of the interrelationship between, and the roles of, the organization’s audit, compliance and legal functions; (2) mechanisms for effective and appropriate reporting of compliance issues within an organization; (3) methods for identifying regulatory risks; and (4) means of encouraging accountability for achievement of compliance goals and objectives throughout the organization. The Guidance also reflects OIG’s historical position that an organization’s legal and compliance functions should be separate and independent, yet recognizes the need to balance attorney-client privilege considerations in the coordination of those relationships. … [Read more...] about New Health Care Governing Board Compliance Guidance Prompts General Counsel Focus
Although contractual liability can be effectively limited through those provisions noted above, the limitation of tort liability is a trickier proposition. Accordingly, errors and omissions policies covering claims for negligent misrepresentation are a must. Typical GL policies may not cover such claims. Consulting contracts that expressly identify and limit the persons to whom the recipient of a professional's work product can give the work product may also reduce exposure, although the effectiveness of such provisions under Kentucky law is uncertain. … [Read more...] about Professional Liability for Engineers Under Kentucky Law: Know Your Risks