Compliance and Risk Management

In today’s business world, all companies, regardless of their size, business model and scope of activities, are required to understand and comply with a plethora of laws and regulations, including common law legal relationships with employees, creditors, and landlords; various licensing requirements imposed by federal, state, and local governments; intellectual property rights; employment laws; federal and state tax laws and regulations, including the reporting obligations imposed under such laws; domestic and foreign laws regulating technology transfers and the form and content of many common commercial relationships; federal and state statutes relating to antitrust and unfair competition; governance rules and regulations; federal and state laws relating to privacy and data security; federal and state securities laws; and federal and state statutes relating to consumer protection and other matters.  Recognizing the various legal and regulatory requirements that must be understood and satisfied, it is imperative for companies to create and faithfully administer appropriate compliance programs.

THOMSON REUTERS

Business Transactions Solution on Thomson Reuters Westlaw contains a transaction-based practice system for the life cycle of a business entity. Each transaction structures itself around a module design, including transaction summary, memorandum analysis, master forms needed to execute the transaction, commentary analyzing every clause or provision of the form, drafting and review checklists, and specialty forms. The unlimited-use subscription provides regular updates, including new master forms, commentary, checklists, and specialty forms.

Legal Compliance Checkups: Business Clients.  The questionnaire format of this multivolume work shows how to elicit answers, make a diagnosis, and recommend an efficient, safe course of action for your business clients. Each chapter provides business guidance in specific business activities, including forming contracts; buying and selling a business; franchising; operating in the global marketplace; counseling on insurance, pension, securities, and product liability issues; borrowing money; contracting with the government; and resolving patent, copyright, and trademark-related problems and issues. Topics include business organization, estate planning, labor relations, real estate, securities, patents, computer software, advertising warranties, environmental law, and transportation and distribution.  Features include showing how to assess the “legal health” of your clients and suggestions on how to apply the right remedies to legal pitfalls in your clients’ activities.

Business Counselor’s Law & Compliance Practice Manual offers in-house counsel, or outside counsel acting as the primary legal and compliance adviser to a company, a comprehensive set of materials on how to establish, manage, and grow the law and compliance function. You’ll benefit from the author’s insights based on over two decades of experience with internationally recognized law firms as a partner and senior counsel member. Topics covered include organizing and managing the law and compliance function; managing a company’s intellectual property rights; human resources; and international compliance issues. Other manual features include forms and checklists available in print and on CD-ROM.

Compliance Programs

Internal Investigations

Compliance Audits

Risk Assessments

Contract Management

Records Retention

Privacy and Data Security

ADDITIONAL RESOURCES (POWERED BY SUSTAINABLE ENTREPRENEURSHIP PROJECT)  The Sustainable Entrepreneur’s Library of Resources for Compliance and Risk Management consists of several chapters that lay out the general procedures for establishing and operating an effective legal and regulatory compliance program and dig deeper into the details of key specific compliance topics and activities.  An overview chapter introduces the relevant laws and regulations, including a discussion of the federal sentencing guidelines and other governmental regulations and policies relating to compliance programs. The next chapter on Compliance Programs identifies the legal and business reasons for establishing a compliance program, describes the steps to be taken to launch and maintain such a program and provides essential information on how to organize the compliance function and the commonly agreed elements of an effective compliance program.  The chapters on Compliance Audits and Risk Assessments cover the general procedures for conducting compliance audits and risk assessments.  The chapter on Records Retention covers the general procedures for establishing and administering a records retention program.  The chapter on Contract Management covers the processes and procedures that companies may implement in order to manage the negotiation, execution, performance, modification and termination of contracts with various parties including customers, vendors, distributors, contractors and employees.  The chapter on Internal Investigations covers the general procedures for conducting “internal investigations”, which include all of the activities engaged in by companies to collect and evaluate information relating to the purported wrongdoing.  The chapter on Disclosure Controls and Procedures is intended primarily for executives, directors and senior managers of public companies that are subject to various rules and regulations in the federal Securities Exchange Act of 1934, as well as pronouncements by the Securities and Exchange Commission, that impose strict obligations with respect to disclosure controls and procedures.  Finally, the chapter on Privacy and Data Security covers the development and administration of policies and procedures to comply with laws, regulations and industry standards relating to privacy, data security and overall collection and use of nonpublic personal information.

WEBINARS AND OTHER CONTINUING EDUCATION EVENTS

West Legal Ed Center Click for list of all programs presented by the Institute on West Legal Ed Center.  Programs relating to compliance and risk management include several videos prepared for the Beyond the Bar training initiative and the following webinars (available on demand):

Business Counselor Institute on West Legal Ed Center

  • Compliance Programs (04.2016)
  • Compliance Audits (09.2015)
  • Risk Assessments (10.2015)
  • Contract Management (01.2016)

Beyond the Bar Training Programs

  • Compliance Programs
  • Compliance Audits
  • Risk Assessments
  • Records Retention Programs
  • Contract Management

ARTICLES

Compliance and Risk Management Articles from Business Counselor Institute

Compliance and Risk Management Articles from Sustainable Entrepreneurship Project