Articles | Compliance Week – Page 275
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Spotting the difference between ‘significant deficiency’ and ‘material weakness’
Material misstatements involve mistakes large enough, surely, to involve some kind of internal control shortcoming that allowed the misstatement to occur in the first place. So why aren’t more internal control reporting and auditing processes helping to identify control lapses in advance of material misstatements? Tammy Whitehouse explores.
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The ABCs of GRC
The latest edition of the GRC Illustrated edition, sponsored by Compliance Week and OCEG, looks at the ABCs of GRC: Aware, Bespoke, and Confident. Together these three offer the opportunity for greater success that most organizations have failed to grasp, at least up until now.
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How CCOs went from a board-level afterthought to a strategic partner
In a perfect world, chief compliance officers should not be an afterthought for the board of directors, but rather a strategic partner. Joe Mont recaps a CW 2016 panel discussion on strategies CCOs can take to gain the ear, if not mindshare, of directors.
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Discussing the many facets of disclosure effectiveness
The SEC is seeking comment on nearly 350 questions regarding the Commission’s Regulation S-K effectiveness review. At last week’s Compliance Week conference, Karen Garnett of the Division of Corporate Finance headlined a panel discussion on the process thus far. Joe Mont has more.
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Defining compliance program effectiveness
During a keynote panel at Compliance Week 2016, enforcement officials from the Securities and Exchange Commission and the Department of Justice spoke candidly about compliance program effectiveness, personal liability, and more. Jaclyn Jaeger reports.
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CW2016: Practical implications of the Yates Memo
At Compliance Week 2016 last week, Jaclyn Jaeger covered the conversation between current and former enforcement officials, as well as compliance officers, on how the “Yates Memo” is affecting them from a real-world standpoint.
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Accounting leaders need a wake-up call on revenue recognition
New revenue recognition standards will come into force within 18 months, but accounting leaders everywhere don’t seem to be in a hurry to undertake the huge amount of work it will take to get ready. Tammy Whitehouse reports from the Compliance Week 2016 conference.
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FASB looks to cut out that ‘second step’ of goodwill accounting
A proposed rule might remove the costly, complex, and time-consuming calculations of a company’s fair value that are required when its fair market value drops below its carrying value. In other words, goodwill accounting is about to get a little goodwill of its own. Tammy Whitehouse reports.
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Companies now have federal remedy to protect trade secrets
Passage this month of the Defend Trade Secrets Act creates for the first time a federal civil cause of action for misappropriation of trade secrets, giving U.S. companies a wide range of remedies—but its new whistleblower protections also call for new reporting obligations. Jaclyn Jaeger explores.
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Australia bolsters antitrust enforcement
Australian regulators are aggressively enforcing that nation’s competition laws, demonstrated by a wave of significant enforcement actions reached in just the last couple of months. Multinationals with operations in Australia should heed the warning. Jaclyn Jaeger has more.
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Former FTC Commissioner Brill on data security, privacy protections
Joe Mont speaks to Julie Brill, who for the past six years was among the FTC’s most influential commissioners and an important voice on internet privacy and data security issues. In April, she left public service to join the law firm Hogan Lovells as a partner and co-director of its ...
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Shedding light on the challenges of policy management
A study by NAVEX Global solicited the thoughts of nearly 1,000 executives on policy management and the systems they have in place for that process. Keeping policies current with continuously evolving laws and regulations was identified as a top challenge. Joe Mont takes an in-depth look at the results.
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The many facets of a data breach
Every industry faces the threat of a data breach, but how those breaches are actually carried out can vary significantly industry to industry. Jaclyn Jaeger explores how companies can better focus their security efforts on the most vulnerable areas.
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CCOs feeling the heat of regulatory scrutiny
The threat of increasing personal liability has compliance officers on the defensive, especially in light of the newly established compliance counsel role within the Department of Justice’s Fraud Section. Jaclyn Jaeger looks into how CCOs are dealing with this intensified level of direct scrutiny on their performance.
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Regulators walk a tightrope when it comes to innovation, disruption
It was once an understood fact of life that regulators are reactive, not proactive, when it comes to rulemaking and industry standards. Now, with disruptive technology and sharing services evolving from quaint ideas to multi-billion- dollar enterprises, some are starting to shake off that reputation, albeit cautiously. Joe Mont has ...
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New PCAOB audit report raises the question: What exactly is a ‘critical audit matter’?
As the Public Company Accounting Oversight Board revises its standard, boilerplate audit report, providing a more narrow definition of “critical audit matters” should go a long way toward giving investors better insight into some of the more challenging, subjective, and complex aspects of financial statements. Tammy Whitehouse provides an in-depth ...
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The rules of the road for corporate monitors
Companies facing a corporate monitorship face many questions. How does the process work? What are the rules, not to mention proper etiquette, for having a monitor in your midst for upwards of three years? Joe Mont reports.
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Seeking to squash mandatory arbitration, CFPB proposal draws praise and venom
The Consumer Financial Protection Bureau is moving ahead with a proposed rule that will prohibit mandatory arbitration clauses. While proponents agree with the Bureau’s assertion that class-action lawsuits provide a more effective means for consumers challenging problematic practices, pro-business groups see the rule as a deathblow for financial services arbitration ...
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Calls to reform False Claims Act revisited
Is it time to reform the False Claims Act? The answer depends on whom you ask, says Jaclyn Jaeger. Critics argue that it leads to unfair penalties and unjust results for companies; others say it empowers whistleblowers to help the government conquer fraud.
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Bleeding out: Theranos oozes with corporate governance lessons
A year ago, Theranos was a Silicon Valley health tech “unicorn” praised for breakthrough advancements in blood testing. Now it’s under civil and criminal investigation for defrauding investors. The role Theranos’ board has played in this is already shaping up to be a pointed object lesson for board best practices ...