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New guidance for risk committees

A new publication by the Risk Coalition (a group of organizations in the UK that includes their Institute of Directors, a couple of risk management associations, and the organizations for internal and external auditors) merits our attention. Raising the Bar: Principles-based guidance for board risk committees and risk functions in the UK Financial Services Sector has some interesting content. For example, it says:

 

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Managing risk when the board is over-confident

When we talk about confidence in managing risks, we’re really talking about confidence in the effectiveness of your risk management program — and apparently, we have a systemic disconnect between the board and management about that issue.

 

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Understanding the differences between GDPR, CCPA, and PIPEDA – a guide for Canadian businesses

Gone are days of unregulated and untethered data gathering. With the rolling out of the California Consumer Privacy Act, Canadian businesses are now finding themselves navigating a sea awash with a patchwork of extraterritorial legislation

 

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The missing link in future-casting M&A due diligence

You don’t just marry your spouse; you marry a family. The same holds true in corporate mergers and acquisitions. You don’t just buy a company, you acquire their culture, risk, and future potential of both. And just like in a marriage, some things don’t come to the surface until that third or fourth family reunion.

 

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Pre-judgment garnishment: Full and frank disclosure is required

In my previous article, Prejudgment Garnishing Orders: Getting it Right, I discussed how pre-judgment garnishment is available to a party that is owed a debt so as to intercept funds intended for the party they are claiming against. I also discussed how that remedy is considered extraordinary and requires strict adherence to certain requirements.

 

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Construction disputes: A contractor’s right to be paid vs. owner’s claims for defective work

Learn why you need to review your contracts and advocacy practices with Not-for-Profit PolicyPro

It is one of the most common scenarios in construction litigation: work has completed, the contractor has rendered its final bill and an owner refuses to pay on the basis that there were delays or that there are defects or deficiencies with a contractor’s work. While contracts can and do provide allowances for such situations, that is not always the case.

 

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Interlocutory injunctions in trademark cases: A POWERful tool—when available

As Canadian trademark practitioners know, it has generally been difficult to obtain interlocutory (or interim) injunctions in trademark infringement matters, particularly at the Federal Court of Canada.

 

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Site blocking orders come to Canada: GoldTV.biz

In an important decision released Friday, November 13, 2019, the Federal Court of Canada issued the first Canadian site blocking order against sites that predominantly facilitate copyright infringement.

 

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Top 10 most-read Inside Internal Controls posts for 2019

This year on the Inside Internal Controls blog, we’ve been covering some of the hot topics in internal controls, governance, information technology, not-for-profit and business management, among others. The top 10 most-read Inside Internal Controls posts for 2019 include

 

How effective is risk management today?

If you want to know how effective risk management is, you should ask the customer and not the provider.

 

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Firepower: Guidance on whether commissions owed to salespersons are held in trust by a business and outside of insolvency

In Firepower Debt GP Inc. v. TheRedPin, Inc., 2019 ONCA 903 (“Firepower”), the Ontario Court of Appeal recently affirmed a decision of Justice Penny that commissions held by an insolvent real estate brokerage but owed to real estate salespersons were not held in trust and were thus subject to the security of the brokerage’s lenders.

 

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‘Green’ governance: CSA outlines expectations regarding governance disclosure and practices in the cannabis sector

Regulatory and legal risks abound in developing business areas, such as the recently legalized cannabis industry in Canada. One of the key challenges for industry participants that are reporting issuers relates to meeting disclosure obligations.

 

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International Chamber of Commerce releases 2020 update to its standardized international trade terms

The International Chamber of Commerce (ICC) recently released the 2020 update to its standardized international trade terms (Incoterms 2020). Incoterms 2020 builds on the most recent version of the standardized terms released 10 years ago (Incoterms 2010).

 

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2019 brings guidance on cyber in Canada

This year has seen a number of interesting developments in Canadian cyber security. While the first wave of data breach cases slowly work their way through the court system, guidance for Canadian businesses has come from many other sources, including the federal government and regulators.

 

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Did risk management fail?

Every so often, something bad happens to an organization and people say that risk management, perhaps governance, failed.

 

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