Governance

Rule 502 offers novel and expansive protections for litigants in federal court, but when applied in the course of a federal investigation, its regulations concerning privilege waiver offer little peace of mind. Part 1 covered issues with the Rule, and today’s follow-up delves into protections against subject matter waiver and tips to employ the Rule effectively.

Demands on corporate directors are greater than ever. With pressures from regulators, shareholders and proxy advisory firms to improve disclosure, increase board diversity, enhance corporate governance and stave off cyber-attacks, directors must stay abreast in a constantly evolving corporate environment.

Results from PwC’s Annual Corporate Directors Survey are in, and it appears activist investors are now exerting more influence than ever on boards and management teams. The result is an “investor-centric” model, a departure from the “board-centric” model of the past. Paula Loop explains how this is a positive for companies, though there are negatives to be aware of, too.

We in the GRC community know the value of an empowered compliance function: a CCO with authority, sufficient resources and the ear of the top brass. And to further ensure compliance success, experts are now calling for compliance expertise in the boardroom. Companies who have a director on the board with a background in compliance are instantly more likely to...

Board portals are increasingly used as a part of forward-thinking business practices. How can they help you with corporate governance? And what does being able to access instant board packs, efficiency gains and clearer levels of accountability and reporting mean for your business?

There is a case pending at the Eighth Circuit that should have the attention of every corporate executive. Two executives were sentenced to three months in prison for something their company did without their knowledge. In the increasingly regulated world, it is time for a refresher regarding the potential criminal liability that comes with accepting a position at the very...

The U.S. is – or should be – playing catch up with several other world leaders when it comes to board diversity. Many countries have instated gender diversity requirements for their boards of directors, but our corporations answer largely to the court of public opinion. What’s unfortunate here is that U.S. corporations could be missing out on real gains by...

Without actions to establish tone at the top and reinforce the importance of principled behavior, even the most beautifully worded code of conduct is worthless. Is your organization committed to ethical and responsible business behavior – and does your team know it? Culture is created from the top down, and a code of conduct is one component that shouldn’t be...

A major divide exists within many organizations between the data governance, automation and scalability needed by IT to ensure corporate compliance regulations are met and the ease of data access and flexibility business users demand – and it can no longer be ignored. But what’s to be done?

From PwC: Boards today are facing increased scrutiny about who exactly is sitting in the boardroom. Some critics say board members are too old, they’ve served for too long, and there’s not enough diversity in the boardroom. Even some directors believe boards need a refresh: 39% of directors polled in our 2015 Annual Corporate Directors Survey believe a fellow board...

Considering the limitations of any one individual’s capabilities, the time one is practically able to spend, and one’s access to company information – such as operations and finance – it may be time to augment our expectations of independent directors. What independent directors need for effective governance is a holistic view, but they may not be prepared for that full...

Regulatory examinations shouldn’t be confrontational events, as the licensee’s and the regulator’s missions should be aligned – that is, honest, fair, equitable and efficient operations. This article discusses points and tips for you to keep in mind as you plan for your first or next examination.