Category Archives: Officers

ChatGPT and Other AI Tools Use As Discoverable Evidence in Litigation and Government Investigations: What Business Leaders Must Know


Use of AI can have significant evidence, document retention, and other consequences for organizations and their legal exposure. Organizations in their leaders need to manage the use of AI to manage these risks and obligations. Continue reading

Posted in AI, Board of Directors, CEO, CFO, Compliance, Cyber, Director Liability, discrimination, Document Retention, E&O, Employee Benefits, Employment, Evidence, Fiduciary Responsibility, FinCEN, Fraud, Internal Controls, Labor Relations, management, Officers, Officers Liability, Performance Management, Regulatory Affairs, Risk Management, Securities, sentencing guidelines, Uncategorized, Workforce | Leave a comment

Public Companies Warned To Disclose Cyber Risks By $7 Million SEC Penalty


The $7 million in penalties the Securities and Exchange Commission (“SEC”) collected from four current and former public companies warns other public companies and their leaders of the growing risks of making materially misleading disclosures regarding cybersecurity risks and intrusions … Continue reading

Posted in Board of Directors, CEO, CFO, Compliance, Cyber, D&O, data breach, Data Security, Director Liability, Director Liabiloity, FinCEN, Internal Controls, Leadership, management, Officers, Officers Liability, Performance Management, Privacy, Privacy, Risk Management, SEC, sentencing guidelines, Uncategorized | Tagged , , , , , , , , , , , | Leave a comment

Sex Harassment Lawsuit Against Landlord Reminder Federal Discrimination Bans Apply To Housing, Other Business Ops Beyond Employmenr


A new Fair Housing Act sexual harassment lawsuit filed against the owner and operator of rental properties in the Pulaski County, Kentucky area reminds business owners and leaders that sexual harassment and other federal civil rights and other discrimination and … Continue reading

Posted in CEO, CFO, Compliance, discrimination, Government Contractor, Internal Controls, landlord tenant, Leadership, management, Officers, Officers Liability, Performance Management, real estate, Risk Management, Uncategorized | Leave a comment

New DOJ Voluntary Self-Disclosure Policy Alerts Organizations To Strengthen Sentencing Guideline Compliance Programs


Since the Federal Sentencing Guidelines are key determinants on the criminal liability and sentencing of organizations and their leaders for federal crimes committed by their organization or their employees, organizations and their leaders need to clearly understand the multitude of laws that could trigger their application and the practices necessary to position themselves and their organizations to mitigate liability in the event of a potential criminal violation. Continue reading

Posted in agriculture, antitrust, bank secrecy act, Bankruptcy, Board of Directors, CEO, CFO, Compliance, Cyber, D&O, Director Liability, Director Liabiloity, Employee Benefits, Employment, Fair Debt Collection Practices Act, Fair Debt Collections Act, fda, Fiduciary Responsibility, Government Contractor, Internal Controls, management, Officers, Officers Liability, Reductions In Force, Risk Management, Securities, sentencing guidelines, Tax, Uncategorized, Workforce Management | Leave a comment

DOJ Civil Cyber-Fraud Initiative Pressures Federal Contractors & Grant Recipients To Tighten Cybersecurity Controls, Training & Other Safeguards


Federal contractors and grant recipients face heightened need to fix cyber security and data breach compliance as targeted by new Justice Department Civil Cyber-Fraud Initiative. Continue reading

Posted in bank secrecy act, Board of Directors, Compliance, Cyber, data breach, Director Liability, Fair Debt Collection Practices Act, Fair Debt Collections Act, Fraud, Government Contractor, Internal Controls, Labor Relations, Leadership, Officers, Officers Liability, patriot act, Performance Management, Privacy, Privacy, Uncategorized | Leave a comment

Chrisley, Other Felony Tax Prosecutions Highlight Growing Tax Criminal Prosecution Risks


Christley tax prosecution, other convictions show advisability of cleaning up and avoiding new employment, income and other tax violations. Continue reading

Posted in bank secrecy act, Board of Directors, CEO, CFO, Compliance, D&O, Director Liability, Employee Benefits, FinCEN, management, Officers, Officers Liability, patriot act, Performance Management, Risk Management, Uncategorized, Workforce | Leave a comment

Rene Augustine Named DOJ Antitrust Division Acting Deputy Assistant Attorney General Responsible for International and Policy


Zurich’s $5.1 million tax penalty reminds US businesses involved in international transactions to comply with US cross border reporting and tax requirements Continue reading

Posted in bank secrecy act, Board of Directors, CEO, CFO, Compliance, D&O, Director Liability, Employee Benefits, FinCEN, management, Officers, Officers Liability, patriot act, Performance Management, Risk Management, Uncategorized, Workforce | Comments Off on Rene Augustine Named DOJ Antitrust Division Acting Deputy Assistant Attorney General Responsible for International and Policy

$5.1 Million Zurich Life Tax Settlement Highlights International Reporting Noncompliance Risks


Zurich’s $5.1 million tax penalty reminds US businesses involved in international transactions to comply with US cross border reporting and tax requirements Continue reading

Posted in bank secrecy act, Board of Directors, CEO, CFO, Compliance, D&O, Director Liability, Employee Benefits, FinCEN, management, Officers, Officers Liability, patriot act, Performance Management, Risk Management, Uncategorized, Workforce | Leave a comment

12/17 Deadline to Comment on EPA’s Proposed Improvements to Methane Rule Governing New Oil and Gas Sources


12/17 Deadline to Comment on EPA’s Proposes Improvements to Methane Rule Governing New Oil and Gas Sources Continue reading

Posted in bank secrecy act, Board of Directors, CEO, CFO, Compliance, Director Liability, FinCEN, management, Officers, Officers Liability, patriot act, Uncategorized | Leave a comment

11/27 Deadline To Comment On Proposed SBA Express Loan Programs and Affiliation Programs Rule Changes


11/27 Deadline To Comment On Proposed SBA Express Loan Programs and Affiliation Programs Rule Changes Continue reading

Posted in bank secrecy act, Board of Directors, CEO, CFO, Compliance, Director Liability, FinCEN, management, Officers, Officers Liability, patriot act, Uncategorized | Leave a comment

FinCEN Warns US Businesses & Individuals Of corruption Related Risks Of Nicaraguan Investments or Dealings


FinCEN Warns US Businesses & Individuals Of corruption Related Risks Of Nicaraguan Investments or Dealings! Continue reading

Posted in bank secrecy act, Board of Directors, CEO, CFO, Compliance, Director Liability, FinCEN, management, Officers, Officers Liability, patriot act, Uncategorized | Leave a comment

Manage Better By Managing Emotion In Messages


Consciously manage the emotion in your message to manage others better. Research shows people don’t actually respond to language that’s positive or negative. They respond to language that’s emotional. Emotion in language can motivate or alienate, deliver criticism or coaching, … Continue reading

Posted in Arbitration, Board of Directors, CEO, CFO, Compliance, Director Liability, Dispute Resolutuon, Employment, Fiduciary Responsibility, Internal Controls, Labor Relations, Leadership, management, Officers, Performance Management, Reductions In Force, Risk Management, Workforce, Workforce Management | Leave a comment

Leadership 2018


https://instagram.com/p/BdxNx0NgSku/

Posted in Director Liability, Labor Relations, Leadership, Officers, Teaming, Turnaround Management, Uncategorized, Workforce, Workforce Management | 1 Comment

Check Patriot Act Controls For New FinCEN Rules Targeting North Korea Connected Transactions


Banks and other financial institutions need to review their current USA PATRIOT Act procedures and safeguards in response to an alert and a new final rule relating financial institutions published by the U.S. Department of the Treasury’s Financial Crimes Enforcement … Continue reading

Posted in bank secrecy act, Compliance, Cyber, Data Security, Internal Controls, Officers, Officers Liability, patriot act, Uncategorized | Leave a comment

Hurricane Impacted Financial Institutions Tell FinCEN If BSA Reports Delayed


FINRA Reporting by Hurricane Impacted Financial Institutions
Continue reading

Posted in bank secrecy act, Bankruptcy, Board of Directors, CEO, CFO, Compliance, Director Liability, Internal Controls, Officers, Tax, Uncategorized | Tagged , , , , , , , , , , , , | Leave a comment

Leadership Starts & Ends At The Top


Business leaders expecting better ethical, legal and operational compliance and leadership achieve their goals easier when leaders lead by example.   Recent media coverage of sexual harassment and other transgressions by senior management at Fox News, Uber, Enron and a … Continue reading

Posted in Board of Directors, CEO, CFO, Compliance, D&O, Director Liability, Director Liabiloity, Internal Controls, Leadership, Officers, Officers Liability, Performance Management, Risk Management, Workforce Management | Leave a comment

Take Your Preventive Medicine


Better planning and management can head off most but not all problems. Sometimes stuff happens even when you do everything right. Either way, better management usually minimizes the damage and makes it easier to clean up the mess. It’s never … Continue reading

Posted in Bankruptcy, Board of Directors, CEO, CFO, Compliance, Cyber, D&O, Data Security, Director Liability, E&O, Employee Benefits, Employment, ESOP, Fiduciary Responsibility, Fraud, Health Plans, Internal Controls, Labor Relations, Leadership, M&A, Officers, Officers Liability, Performance Management, Privacy, Reductions In Force, Reengineering, Retirement Plans, Risk Management, Shareholder Liability, Stock Plans, Tax, Teaming, Turnaround Management, Workforce Management | Tagged , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

Businesses Must Prepare To Respond For Potential Data Breach To Timely Meet Notice & Other Response Duties


Businesses that experience data breaches affecting customer banking credit card, tax, social security or certain other personal financial or other sensitive information like those reported by like Chipotle, Target, Home Depot and a growing multitude of other businesses generally bear a legal … Continue reading

Posted in Board of Directors, CEO, CFO, Compliance, Cyber, D&O, data breach, Data Security, Director Liability, E&O, Employee Benefits, Employment, Fiduciary Responsibility, Fraud, Health Plans, Internal Controls, Leadership, Officers, Officers Liability, Performance Management, Privacy, Retirement Plans, Tax | Leave a comment

Supreme Court Ruling Boosts Arbitration Agreements’ Enforcability 


Employers and businesses should review their options to use arbitration and possible enhanced duty to arbitrate under arbitration agreements based on new SCOTUS Kindred Health decision. Continue reading

Posted in Arbitration, Board of Directors, CEO, CFO, Compliance, Data Security, Deferred Compensation Plans, Director Liability, Dispute Resolutuon, E&O, Employee Benefits, Employment, Fraud, Health Plans, Internal Controls, Labor Relations, M&A, Officers, Officers Liability, Performance Management, Privacy, Reductions In Force, Reengineering, Retirement Plans, Risk Management, Shareholder Liability, Stock Plans, Turnaround Management, Workforce Management | Tagged , , | Leave a comment

Homeland Security Issues Urgent Cyber Warning To US Businesses


U.S. agencies are warning U.S. businesses to batten down their cyber security defenses to guard against a WannaCry ransomware cybersecurity threat sweeping the Globe. Continue reading

Posted in Board of Directors, CEO, CFO, Compliance, D&O, Data Security, Director Liability, Director Liabiloity, E&O, Employee Benefits, Employment, Fiduciary Responsibility, Fraud, Internal Controls, Leadership, Officers, Officers Liability, Privacy, Risk Management, Shareholder Liability, Uncategorized | Tagged , | Leave a comment

Real Leadership Speaks For Itself


Check out this discussion from Microsoft CEO about self-proclaimed “experts” and “leaders.”    #cynthiamarcottestamer #solutionslawpreas #leadership #coaching

Posted in Bankruptcy, Board of Directors, CEO, CFO, Compliance, Director Liability, Director Liabiloity, Employment, Fiduciary Responsibility, Internal Controls, Leadership, Officers, Performance Management, Uncategorized | Tagged , , , | Leave a comment

Leadership Starts From Within


Posted in Board of Directors, CEO, CFO, Compliance, Internal Controls, Leadership, Officers, Performance Management, Reengineering, Risk Management, Teaming | Leave a comment

Data Breach & Cyber Securities & Investor Risk Management


Corporations and their leaders to add reviewing prospectus and investor cyber security and data breach disclosures to their data breach and cyber security risk management and response to do lists help guard against  post event  shareholder claims and regulator investigations. … Continue reading

Posted in Board of Directors, CEO, CFO, Compliance, D&O, Data Security, Director Liability, Director Liabiloity, E&O, Employee Benefits, Employment, Fiduciary Responsibility, Fraud, Internal Controls, Officers, Officers Liability, Risk Management, Shareholder Liability, Turnaround Management, Uncategorized | Tagged , , , , | Leave a comment

Money Services Business Pays $45K CMP For Violating BSA Reporting Requirements


Mian, Inc., doing business as Tower Package Store, a money services business (MSB) is learning an expensive of the risks of failing to report cash transactions and other anti-money laundering (AML) requirements of the Bank Secrecy Act (BSA).  It’s paying … Continue reading

Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized | Tagged , , , , , , , , , , , , , , , , | Leave a comment

FFI List Search and Download Tool Added To FATCA Website


The FFI List Search and Download Tool located on the FATCA Website is now available.  Use the Search and Download Tool to find out if a Foreign Financial Institution (FFI) has registered.  Download an entire list of Financial Institutions or … Continue reading

Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized | Tagged , , , , , , , , , , , , , , , , | Leave a comment

June 16 Deadline Nears for Taxpayers Living Abroad; June 4 IRS Webinar Can Help Those Reporting Foreign Accounts


Taxpayers abroad qualifying for an automatic two-month extension must file their 2013 federal income tax returns by Monday, June 16, according to the Internal Revenue Service. The June 16 deadline applies to U.S. citizens and resident aliens living overseas, or … Continue reading

Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized | Tagged , , , , , , , , , , , , , , , , | Leave a comment

Justice Department ADA, Fair Housing Disability Discrimination Settlement with Design Professionals Highlights Growing Disability Discrimination Exposures


A settlement announced May 16, 2013 reminds U.S. housing and other businesses of their growing exposure to disability discrimination claims.  Justice Department Nails Architects & Engineers For Disability Discrimination On May 16, 2013, the Justice Department announced a $865,000 settlement … Continue reading

Posted in Bankruptcy, CEO, D&O, Director Liabiloity, Employment, Fiduciary Responsibility, Fraud, Internal Controls, M&A, Officers, Reengineering, Shareholder Liability, Tax, Uncategorized | Tagged , , | Leave a comment

Update ESOPs For New Investment Diversification Guidance


Fiduciaries, administrators, sponsors, advisors, trustees and others with involvement or responsibility for Employee Stoc Option Plans(ESOPs) should review these rules and ensure that appropriate steps are taken to update their plan terms and practices to comply with new rules scheduled to be published in the Internal Revenue Bulletin on May 13, 2013 by the Internal Revenue Service concerning investment diversification.
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Posted in CEO, D&O, Deferred Compensation Plans, Director Liabiloity, Employee Benefits, Employment, ESOP, Health Plans, Internal Controls, Officers, Reengineering, Retirement Plans, Stock Plans, Tax | Tagged , , , , , , , | Leave a comment

FTC Settlement With Mobile Device & App Developer Shows Developers & Businesses Need To Manage Mobile App & Data Security


Businesses using mobile devices or applications and the mobile device or other technology developers and providers need to get serious about security.  With technology and other business providers use of mobile applications in marketing and other business uses proliferating, the … Continue reading

Posted in CEO, D&O, Data Security, Director Liabiloity, Employee Benefits, Employment, Health Plans, Internal Controls, Officers, Privacy, Reengineering | Tagged , , , , | Leave a comment

Texas Champion Bank Settlement of Charges of Illegal Lending Discrimination Reminder To Business To Tighten Business Practices


A Justice Department settlement with Texas Champion Bank of Alice, Texas is the latest reminder to U.S. lenders and other businesses of the importance of ensuring that their lending and other business practices are defensible under defensible under U.S. discrimination … Continue reading

Posted in CEO, D&O, Director Liabiloity, Employee Benefits, Employment, Health Plans, Internal Controls, Officers, Reengineering | Tagged , , , , , | Leave a comment