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Courts Link Good Faith Oversight Of Risks With Directors' Personal Liability

As stewards of shareholder interests, corporate directors are responsible for overseeing management's efforts to manage risks. But how far does that responsibility extend when it comes to "compliance" risk? And are there limits to director liability in regard to monitoring management's activities...

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E-Discovery And Records Management: A Risk-Based Approach

It's no longer optional: timely production of electronic records. As the demand for records production increases, so rise corporate concerns for legal, business and operational risks. Managing these risks requires records management programs that produce legal records on demand, confirm regulatory...

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Trends In FCPA Enforcement

In recent years, the United States Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have aggressively pursued enforcement of the Foreign Corrupt Practices Act (FCPA), levying large civil and criminal penalties, as well as seeking disgorgement of profits for violations of...

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Effective Fraud Risk Management: The Last Word

Editor: Mr. Hedley, would you tell our readers something about your professional experience? Hedley: I am a partner at KPMG, and I have been with the firm for seven years. I am the national forensic service line leader. Prior to joining KPMG I was at another Big Four firm, and before that I was...

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Predictability And Consistency In eDiscovery

New technologies and tougher judicial and regulatory requirements are quickly changing e-discovery and the review of electronically stored information (ESI), but many in the legal and corporate sectors have been slow to respond to the sea change they face. A proper response during the next two or...

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Preserving Competition Through Independent Monitors

The past decade has witnessed a marked increase in the number of cases in which federal regulators reviewing proposed mergers have appointed independent Monitors to preserve competition. Named by the Federal Trade Commission (FTC) and/or the Antitrust Division of the Department of Justice (...

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