Nancy M. Persechino of Bingham McCutchen LLP put together her take on the Compliance Reviews of an Extraordinary Year. She also includes a chart of the changes in law and rules, new guidance, and enforcement actions (.pdf). Given the market turbulence of the past year and the rapidly changing business and regulatory environments, many CCOs … Read more »
Year: 2009
Madoff Liquidation and Suits Filed Against Madoff
On January 2, 2009, the trustee charged with liquidating Bernard Madoff Investment Securities, LLC issued a notice outlining the requirements for filing SIPC claims. Notice of Commencement of Liquidation Proceeding for Madoff Investment Securities Anyone having a claim or potential claim against BMIS should read that notice. It provides that customers of BMIS must file … Read more »
Employer Notices to Employee Under the Family and Medical Leave Act
An employer must provide written notice to an employee each that an employee gives notice of the need for FMLA leave. The employer has to give the notice within a reasonable time after notice of the need for leave is given by the employee (within one or two business days if feasible.) [See 29 CFR … Read more »
Fact Sheet 28 for The Family and Medical Leave Act
In addition to putting up the new FMLA poster, covered employers must give notices to employees about their rights under the Family and Medical Leave Act. Section 29 CFR 825.301 describes the required notices. If you have written guidance to employees concerning employee benefits or leave rights, such as in an employee handbook, information concerning … Read more »
Record Keeping Under the Family and Medical Leave Act
The Family and Medical Leave Act does impose some record-keeping requirements on employers. [See 29 CFR 825.500]. The law does not impose any particular form or order of the records. Employers umst keep the records for at least three years. Covered employers who have eligible employees must maintain records that must disclose the following: Basic … Read more »
Gibson Dunn 2008 Year-End FCPA Update
Gibson Dunn & Crutcher LLP has published its 2008 Year-End FCPA Update. By any measure, 2008 was a monster year in Foreign Corrupt Practices Act (“FCPA”) enforcement. With thirty-three enforcement actions between the Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”), the statute’s dual enforcers, 2008 was the second busiest numerical year on … Read more »
The Growing Importance of Enterprise Risk Management
Kyle McNabb writes about The Growing Importance of Enterprise Risk Management on his Forrester blog. In this article he lets us know about the things he learned after talking with a large number of professionals that work for or directly support executives responsible for compliance and risk management endeavors Boards and CFOs will prioritize initiatives … Read more »
AICPA Exposure Draft on Compliance Audits
The AICPA released a Proposed Statement on Auditing Standards for Compliance Audits (.pdf) This would replace SAS No. 74 Compliance Auditing Considerations in Audits of Governmental Entities and Recipients of Governmental Financial Assistance. Comments or suggestions on any aspect of this exposure draft would be appreciated. To facilitate the ASB’s consideration of responses, comments should … Read more »
Model Due Diligence Questionnaire for Hedge Fund Investors
The Managed Funds Association put together a Model Due Diligence Questionnaire for Hedge Fund Investors (.pdf). This questionnaire was designed to identify the kinds of questions that a potential investor may wish to consider before investing in a Hedge Fund. The questions that may help amplify on or provide additional details to the disclosure in … Read more »
Sound Practices for Hedge Fund Managers
The Managed Funds Association updated its Sound Practices for Hedge Fund Managers (.pdf) in November, 2007 in response to the initial drafts of the President’s Working Group on Financial Markets. The objectives of Sound Practices are to: Strengthen business practices of the hedge fund industry through a strong framework of internal policies and practices Encourage … Read more »