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News and discussion on implementing risk management

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Finance and Accounting

COVID-19 and force majeure: A word of caution

The insurgence of the novel COVID-19 pandemic and its ensuing effect on the domestic and global economies has required companies to consider potential remedies should they, or their counterparties, not be able to perform under contracts. One potential remedy is force majeure.

 

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Risk-based cyber risk reporting

I encourage you to subscribe (free) to McKinsey’s frequent reports. Their latest, Enhanced cyberrisk reporting: Opening doors to risk-based cybersecurity has some good observations. Unfortunately, their ideas for addressing the problem don’t work for me.

 

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Improving the availability of masks and respirators during COVID-19

On March 24, 2020, Health Canada announced its plan to fast-track the Medical Device Establishment License (“MDEL”) application process for companies that want to manufacture, import, or distribute Class I masks.

 

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Additional amendments to Proceeds of Crime (Money Laundering) and Terrorist Financing Act Regulations issued

On February 15, 2020, draft amending regulations (the “Draft Regulations”) were issued, proposing a number of amendments to be made to the prior amendments to the regulations (the “Regulations”) under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the “PCMLTFA”). The Draft Regulations are open for comment until March 15, 2020 and will come into force on the day they are registered.

 

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Five significant developments following the June 2019 changes to Canadian trademark law

The last 12 months have been an exciting time in Canadian trademark law. In June 2019, the most significant changes in decades were implemented to Canada’s Trademarks Act and Trademarks Regulations.

 

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Impact of COVID-19 on existing credit facilities

Access to existing debt facilities is one of the many potential impacts of the COVID-19 pandemic on the operations and financial health of organizations worldwide. In this article, we identify certain key risks and issues, along with pragmatic and legal steps that organizations can take to address their existing credit relationships and navigate through this difficult period.

 

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COVID-19: key issues every organization should consider

Competition law

The COVID-19 pandemic raises critical and unprecedented issues for all organizations. How an enterprise responds to these challenges will influence how it fares through the crisis and its positioning for recovery afterwards. We believe that the issues below warrant special attention by senior management and directors.

 

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Toronto exercises bylaw exemption to permit 24/7 inventory deliveries in response to COVID-19

In an effort to ensure that essential goods remain in stock, and in the wake of successive waves of panic buying that have left many retailers with significantly depleted inventory levels, the City of Toronto has exempted retail businesses from the usual application of its noise bylaws. In doing so, the City paved the way for retailers to accept deliveries 24-hours a day as of Monday, March 16, and continuing until further notice.

 

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New ERM Guidance from COSO

Creating and Protecting Value: Understanding and Implementing Enterprise Risk Management is based on COSO’s 2017 update of its 2004 ERM Framework. Their intent is to explain how effective ERM can add value to an organization, and to give some guidance on how to implement or upgrade it.

 

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COVID-19 Considerations from our bankruptcy & restructuring experts

Because of the speed with which the recent adverse circumstances have developed, businesses that may have otherwise been able to adapt may not have had an opportunity to do any meaningful contingency planning.

 

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COVID-19 – Managing privacy and cyber issues

Privacy laws require that personal information is at all times protected by appropriate security safeguards, and this requirement will continue to apply in connection with COVID-19 work-from-home arrangements

 

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Liability for artificial intelligence — Why Canadian businesses should pay attention to recent developments in Europe

Late last year, the European Commission’s Expert Group on Liability and New Technologies – New Technologies Formation (NTF) released a report on Liability for Artificial Intelligence. The report focuses on liability regimes across European Union (EU) member states and offers high-level recommendations on how those liability regimes can be adapted to meet challenges posed by artificial intelligence (AI) and other digital technologies.

 

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Contractual rights and obligations in the context of COVID-19

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

The significant disruption caused by the global COVID-19 pandemic brings threats to stable contractual relations and the economic expectations that come with them. Here are pragmatic and legal next steps that organizations can take.

 

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Defamation, the Protection of Public Participation Act and strategic lawsuits against public participation

On March 25, 2019, the Protection of Public Participation Act (the “PPPA”) was assented to bringing into force legislation aimed at combating strategy lawsuits against public participation (SLAPPs).

 

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Whistleblower hotlines decrease the cost & duration of corporate fraud schemes

fraud

The Association of Certified Fraud Examiner’s (ACFE) biennial Report to the Nations consistently provides a detailed, and visually engaging, representation of the impact organizational fraud has on our organizations. Its tenth edition, released this year, is no different. In the report, we get a broad understanding of fraud ranging from the methods in which it is committed, to the characteristics of victimized organizations, to the impact of various types of schemes.

 

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