Risk

Risk refers to threats an organization faces -- loss of earnings, loss of reputation, or harm of any kind.  These articles explore the challenges of preventing, identifying and mitigating risk. Risk can come in many forms, including financial issues, legal liabilities, strategic or leadership errors, or accidents and natural disasters. Today,  IT- and data-related risks are growing concerns. The following articles about risk look at the issue from many angles, especially from that of compliance officers and risk managers.

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The DOJ Released Guidelines on Non-Discriminatory DEI for Federal Contractors; Have You Audited Your Program Lately?

In July, the DOJ released updated guidance on what might constitute “illegal DEI” by government contractors under an executive order issued in January. As a result, contractors must now move beyond compliance checklists and toward a strategic, principled and legally sound approach to workforce management, says Constangy partner Cara Crotty, who breaks down the latest developments.

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Material Adverse Effect or Market Reality? Tariffs Test Deal Termination Rights

Rising costs and falling valuations have left many acquirers questioning deals that seemed sound just months ago. Kasowitz attorneys Sheron Korpus and Andrew Schwartz examine how material adverse effect provisions might offer exit strategies, analyzing court precedents from Covid-19 disputes and explaining why tariffs present different legal challenges, especially when "disproportionate effects" hit some companies harder than their peers.

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