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Inside Internal Controls

News and discussion on implementing risk management

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Protecting Canadian public companies from the potential class action fallout of COVID-19

One of the key metrics to determining how attractive a target a company is for class action lawyers is the length of the anticipated “class period” – i.e. the period between the date of the first misrepresentation and the date of the corrective disclosure.

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COVID 19 impact: Ontario issues emergency order prohibiting price gouging of necessary goods

On March 28, 2020, the Government of Ontario issued an emergency order prohibiting retailers and individuals from charging unfair prices for necessary goods that Ontarians need to protect themselves from COVID-19. The necessary goods on the list include:

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COVID-19 and electronic contracting

For years, organizations have moved their businesses digital. To consummate transactions and to otherwise engage in contractual activities, organizations have increasingly relied on electronic means of contracting using everything from webwraps and clickwraps (and hybrid variations of these forms of agreements) and electronic documents executed using electronic signatures.

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Everybody should be familiar with this

Scenario analysis is a method for creating responses to various future events with the aim of reducing uncertainty and maximizing the chances of achieving a desired outcome.

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Cyber insurance in the COVID-19 landscape

Cyber insurance provides protection and coverage for the security and privacy of digital information and losses resulting from data breaches.

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COVID-19 : Available solutions to the challenges resulting from the current crisis and the different restructuring alternatives at your disposal

Never before in history have businesses of all sizes and of all or almost all industries faced a crisis resulting from a simultaneous decline of supply and demand. The resulting liquidity crisis is creating pervasive insecurity among the managers of businesses and the stakeholders of those businesses, including their employees, shareholders, customers, suppliers, creditors and the communities in which the businesses operate.

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COVID-19 update: Rent payment and commercial lease enforcement during the pandemic

In this brief update, we consider the last of the above remedies, being the landlord’s ability to terminate a commercial lease, re-enter and re-let the premises, in the context of the COVID-19 pandemic.

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COVID-19: Updated consolidated briefing of federal/provincial measures

On March 20th, we provided you with a summary of the federal and provincial measures imposed in response to the COVID-19 pandemic. In this Bulletin, we provide an updated overview of the national action plan and select provincial measures, including the economic support measures imposed to date.

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If your Canadian charity has assets/reserve and you don’t have a reserve fund policy you should stop fundraising

CRA in its Fundraising Guidance explains the importance of having a reserve fund policy. By the way this is not “new”. The guidance has been around since 2012.

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COVID-19 and the law of frustration

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

We are flying blind into this storm. The pandemic is certain to affect, and has already affected, all kinds of contractual relations. I think it possible, even probable, that COVID-19 will be held to be an “Act of God” and available to excuse performance of all kinds of contracts, contracts of employment and contracts of sale or supply.

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Fiscal year ends, business continuity, and COVID-19

At the best of times, fiscal year ends are challenging. Organizations with upcoming or recent fiscal year ends will undoubtedly find them particularly challenging. Organizations with robust policies and procedures will likely fare better than those without. Consequently, it will be helpful to start your year end planning as early as you can.

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COVID-19: Managing material contracts in crisis

Whether engaging external help or undertaking the process in-house, the checklist below can help organizations prioritize their contractual relationships and identify practical steps to manage material contracts through this current crisis.

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COVID-19 – FSRA provides some regulatory relief

Ontario’s provincial pension plan regulator, the Financial Services Regulatory Authority of Ontario, recently published a communication detailing its response to the COVID-19 pandemic.

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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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