Audit, Compliance and Risk Blog

Internet Law: The Ifs, Ands and Buts of New Anti-Spam Legislation

Posted by Nelson Bennett on Fri, Jun 20, 2014

Knowing CASL’s exemptions is key to learning how it applies to your business.

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Tags: Corporate Governance, Business & Legal, International, Training, Internet

New Anti-Spam Laws Affect Virtually Every Business in Canada

Posted by Nelson Bennett on Wed, Jun 11, 2014

New anti-spam regulations that go into effect July 1 will do more than prevent spamming within Canada by Canadian businesses. Canada’s Anti-Spam Law (CASL) is a catch-all net that covers all forms of electronic messaging, from email and newsletters to social media and software downloads. Businesses that don’t comply face fines of up to $10 million.

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Tags: Corporate Governance, Business & Legal, International, Internet, Canadian

What might EPA’s Clean Power Plan Mean?

Posted by Jon Elliott on Mon, Jun 09, 2014

On June 2, the U.S. Environmental Protection Agency (EPA) proposed a new Clean Power Plan, in which the agency will apply its authority under the Clean Air Act (CAA) to dramatically reduce greenhouse gas (GHG) emissions from fossil fuel-fired electric generating units (EGUs). EPA calculates that these power plants account for roughly one-third of all domestic GHG emissions in the US. Advocates on opposite sides of this controversial proposal claim this Plan would either become the most important US initiative to address climate change, and/or would crash economies through much of the US heartland by strangling coal-fired electricity production. Let’s hope we end up closer to the optimistic scenario!

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Tags: Corporate Governance, Business & Legal, Health & Safety, Environmental risks, Environmental, EPA, Greenhouse Gas, ghg

OSHA: Avoiding Heat Illness

Posted by Jon Elliott on Tue, Jun 03, 2014

It's nearly time to start worrying that outdoor work in the summer sun will lead to heat illness. The federal Occupational Safety and Health Administration (OSHA) provides some guidance to employers and their workers, while the Sun Belt California's Division of Occupational Safety and Health (Cal/OSHA) administers detailed regulatory requirements promulgated under state law. If you have outdoor workers in California you must comply with the following requirements, while if you're anywhere else you should at least consider them.

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Tags: Corporate Governance, Business & Legal, Employer Best Practices, OSHA, Employee Rights, California Legislation, Environmental risks, Environmental, EHS, EPA

Delaware Supreme Court Limits CEO’s Equitable Rights

Posted by Jon Elliott on Tue, May 20, 2014

Corporate directors and chief executive officers (CEOs) benefit from variety of legal rights, set forth in state corporation codes, company articles of incorporation and bylaws, and in their individual employment contracts. In addition, they may be able to access additional “equitable rights” to fair dealing, based on common law principals. But as a dethroned CEO just learned from the Delaware Supreme Court, these equitable rights can be limited by the equitable rights of other parties.

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Tags: Corporate Governance, Business & Legal, SEC

EU Parliament To Require Corporate Social Responsibility and Diversity Reporting

Posted by Jon Elliott on Mon, May 05, 2014

On April 15, the European Parliament adopted a proposal to expand public company requirements to report accounting information, adding social responsibility and diversity reporting for companies that meet specified employee and revenue thresholds. The new directive provides targeted companies with flexibility to meet these rules by meeting national or voluntary standards that require at least equivalent reporting. To become law, the Commission's proposal must also be adopted by the European Union (EU) Member States in the Council (which votes by qualified majority); this is anticipated within the coming weeks.

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Tags: Corporate Governance, Business & Legal, Employer Best Practices, International, Environmental risks, Environmental, EHS

Obama Requests $204.6 Million Budget for BSEE

Posted by STP Editorial Team on Wed, Apr 30, 2014

News from The Bureau of Safety and Environmental Enforcement (BSEE) Press Release Issued April 3, 2014

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Tags: Corporate Governance, Business & Legal, SEC, OSHA, Environmental risks, Environmental, EHS, Oil & Gas, climate change

SEC Announces Additional $150,000 Payment to Recipient of First Whistleblower Award

Posted by STP Editorial Team on Thu, Apr 24, 2014

News from SEC Press Release Issued April 4, 2014

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Tags: Corporate Governance, Business & Legal, SEC, Employer Best Practices, Employee Rights

Appeals Court Rules Against SEC’s Conflict Minerals Rule

Posted by Jon Elliott on Tue, Apr 22, 2014

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Tags: Corporate Governance, Business & Legal, SEC

Understanding Insurance Law: ERISA Has No Limitation of Suit Provision

Posted by Barry Zalma on Wed, Apr 16, 2014

Bridget Gordon (“Gordon”) appealed a district court’s summary judgment in favor of Deloitte & Touche, LLP Group Long Term Disability Plan (the “Plan”), which is insured by Metropolitan Life Insurance Company (“MetLife”). The summary judgment was granted based on Gordon’s failure to file the action within the applicable limitation period. In Bridget Gordon, Plaintiff v. Deloitte & Touche, LLP Group Long Term Disability Plan, No. 12–55114, United States Court of Appeals, Ninth Circuit (April 11, 2014) the Ninth Circuit Court of Appeal was called upon to determine what statute of limitation, if any, applies to an ERISA claim.

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Tags: disability claim denied, Corporate Governance, Business & Legal, Employer Best Practices, Employee Rights, Insurance, Insurance Claims, Disability benefits