Category Archives: Performance Management

DOJ Housing Enforcement Reminds Businesses Sexual Harassment Protections Don’t Just Protect Employees


Justice Department settlement reminds housing and other businesses sexual harassment risks exist beyond employment. Continue reading

Posted in Civil rights, Compliance, Housing, Performance Management, real estate, Risk Management, Sexual harassment, Workforce | Leave a comment

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

Automobile & Other Motor Vehicle Businesses Must Prepare For New FTC Rules


Automobile and other impacted motor vehicle businesses (“should begin preparations to comply with newly proposed Federal Trade Commission rules targeting certain motor vehicle seller’s marketing, sales, leasing and financing practices set forth in the recently published FTC Motor Vehicle Dealers Trade Rule Notice of Proposed Rulemaking (“Proposed Rule”) as well as submit any relevant comments on the Proposed Rule by the September 12, 2022 comment deadline. Continue reading

Posted in Board of Directors, Compliance, Internal Controls, marketing, Performance Management, Risk Management, Uncategorized | Tagged , , , , , , , , | 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

Baseball Lesson on Servant Leadership & Teamwork


A lesson in servant leadership and teamwork provides invaluable insights on building and perpetuating great teams and servant leaders. At a fundraising dinner for a school that serves children with learning disabilities, the father of one of the students delivered … Continue reading

Posted in Employment, Internal Controls, Leadership, management, Performance Management, servant leadership, Workforce, Workforce Management | Tagged | 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

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

Don’t Underestimate Quiet Team Members


Management often lose the benefit of valuable insights of quiet team members amid the din of input of more assertively expressive team members. Capture this input by structuring avenues to encourage and capture this quiet input. About The Author A … Continue reading

Posted in Leadership, management, Performance Management, Risk Management, Uncategorized, Workforce, Workforce Management | Leave a comment

Use Lessons Of Past Mistakes or Injustice To Build Better Future


Moving beyond mistakes & injustice Continue reading

Posted in Board of Directors, CEO, CFO, Compliance, Director Liability, discrimination, Employment, Fiduciary Responsibility, Internal Controls, Labor Relations, Leadership, Officers Liability, Performance Management, Uncategorized, Workforce, Workforce Management | 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

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

Lead Right


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

Hone Workforce Management By Making Your HR The “Performance Department”


Want to get your hr function to better support your business? You might want to start by replacing your “People Department” with a “Performance Department.” Continue reading

Posted in Bankruptcy, CEO, CFO, Compliance, Performance Management, Reengineering, Teaming, Workforce Management | Tagged , , , , , , | Leave a comment