Compliance: Page 2

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    76% of companies link pay to ESG performance in rising trend

    The biggest companies are weaving ESG into pay incentives despite a backlash against the use of sustainability as a metric for corporate performance.

    By Jim Tyson • Jan. 24, 2024
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    Opinion

    EU ESG due diligence directive set to take effect

    Final approval of the regulatory action is expected to happen soon. When it does, U.S. companies doing $300M in EU business must show they're meeting sustainability and other goals. 

    By Neil D’Souza • Jan. 24, 2024
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    Conservative approach called best way to meet independent contractor test

    Erring on the side that your workers are employees, not independent contractors, is the safest way to protect against challenges under the upcoming 6-prong federal rule.  

    By Jessica Mach • Jan. 23, 2024
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    Opinion

    Five takeaways for chief legal officers from Biden’s executive order on AI

    Staying informed, proactive and adaptable will allow in-house legal teams to more easily navigate the complex landscape and harness the power of AI responsibly and effectively. 

    By Eric Gorman, Jill Fukunaga and Jeff Isaacs • Jan. 19, 2024
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    Importance of boards before, during and after a cyber incident

    The best practice is to get members of the board involved at the right time. 

    By • Jan. 11, 2024
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    Cloud concentration poses challenges for businesses, survey finds

    “The risk associated with cloud concentration is fast losing its ‘emerging’ status as it is becoming a widely recognized risk for most enterprises,” a Gartner director said.

    By • Jan. 10, 2024
  • in-house counsel 2024
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    Deep Dive

    6 in-house legal trends to watch in 2024

    AI, labor, antitrust, bankruptcies, women GCs and cross-collaboration are among the headlines in-house counsel can expect this year.  

    By Lyle Moran and Robert Freedman • Jan. 9, 2024
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    DOL independent contractor final rule announced, will take effect March 11

    The rule largely tracks the agency’s October 2022 proposed rule, adopting a six-factor, “totality-of-the-circumstances” framework for analyzing worker-employer relationships.

    By Ryan Golden • Jan. 9, 2024
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    Compensation committees face busy dockets in 2024, experts say

    Incentive plan performance ranges and the use of discretion in incentive payouts are among the issues compensation panels are likely to confront. 

    By • Jan. 8, 2024
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    Chevron blames regulations, cleanups for $4B write-off in Q4

    The energy giant said California’s regulatory landscape and cleanup of decommissioned Gulf of Mexico sites are estimated to cost the company at least $3.5 billion.

    By Lamar Johnson • Jan. 4, 2024
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    Cyber risk strategies in hot seat as SEC rules go live

    The SEC wants to make sure companies are better prepared to mitigate material breaches, ransomware or nation-state espionage attacks.

    By David Jones • Dec. 21, 2023
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    SEC likely to find other ways to curb stock buybacks after court vacates rule

    The agency could use interpretive guidance and filing reviews to spur company transparency on share repurchases as it decides whether to redo its controversial rule.

    By • Dec. 21, 2023
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    Rite Aid settles with FTC after facial recognition debacle

    The company can’t restart a crime-deterrent program based on people’s biometric data until it puts in place safeguards to prevent a flood of false positives that left many customers humiliated.

    By • Dec. 20, 2023
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    Unilever under UK investigation for alleged greenwashing of products

    The British competition regulator will scrutinize environmental claims for consumer goods made by the CPG giant, including Dove, Comfort and Cif.

    By Iulia Gheorghiu • Updated Dec. 20, 2023
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    Courts could shun new FTC-DOJ merger guidelines

    The agencies lowered the threshold for calculating market concentration and increased the focus on labor-market harm among other changes in a revamp to how they look at deals from an antitrust standpoint.

    By • Dec. 19, 2023
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    Regulatory compliance tops risk concerns for GCs, report finds

    Chief legal officers are also increasingly concerned about emerging data sources such as collaboration tools and chat applications, but feel unprepared to handle the associated risks. 

    By • Dec. 18, 2023
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    SEC won’t budge on crypto regulation

    In denying a petition submitted by Coinbase, the agency has concluded rulemaking isn’t needed for issuers and intermediaries to know which – and how – crypto assets fit within securities law.

    By • Dec. 15, 2023
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    "U.S. Securities and Exchange Commission headquarters in Washington, D.C., near Union Station" by AgnosticPreachersKid is licensed under CC BY 3.0
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    3 tips for SEC cyber rule stragglers

    The Dec. 18 compliance deadline applies to all covered entities other than smaller reporting businesses, which will be subject to the breach reporting mandates as of June 5 of next year.

    By Alexei Alexis • Dec. 14, 2023
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    Vanguard, Arjuna Capital issued House Judiciary subpoenas over ESG probe

    The committee is seeking information from the two asset management firms for its investigation into whether industry climate alliances violate antitrust law.

    By Lamar Johnson • Dec. 12, 2023
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    Aligning SEC, existing clawback policies

    Companies that already have a policy for going after compensation can help ensure it doesn’t conflict with the mandatory SEC policy taking effect in 2024 by employing tie breakers, says an attorney.

    By • Dec. 11, 2023
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    Permission granted by Relativity
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    Sponsored by Relativity

    Legacy menace, modern peril: spoliation’s evolution in a data-driven age

    While the growth of data presents new challenges, it also feeds into one of the oldest: Spoliation.

    Dec. 11, 2023
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    Pay transparency laws risk colliding with antitrust concerns

    In-house counsel walk a fine line helping their organizations comply with pay disclosures without setting off alarms over pay collusion.

    By Ramona Dzinkowski • Dec. 8, 2023
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    Opinion

    How GCs add value by improving corporate transparency

    Doing just enough in your reporting to meet compliance requirements won’t give stakeholders everything they need to know about your company.

    By Broc Romanek • Dec. 8, 2023
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    Final SEC climate disclosure rule pushed to April 2024

    The Department of Treasury and Federal Trade Commission also have a number of upcoming rules that could affect companies’ environmental, social and governance policies.

    By Lamar Johnson • Dec. 7, 2023
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    Don’t sit on concerns before self-disclosing, DOJ official says

    To get a guilty-plea bye or penalty waiver, self-disclosure of suspected misconduct must be timely, Deputy Assistant Attorney General Arun Rao says.

    By • Dec. 7, 2023