Navigating the Omni Circular – The Ticket to Not-for-Profit Compliance

Not-for-profit entities may find themselves bogged down in a plethora of audit findings, constantly trying to play catch-up, but unable to move into an improved position. Are you overwhelmed by the prospect of keeping up with regulatory changes? If so, start with the Omni Circular. Mastering this guidance is one proactive step you can take that ...


How to Ruin a Powerhouse

In the automotive industry, GM was untouchable until just a few years ago. 2014 was a particularly low point for the company. Rocked by scandal stemming from the bungled management of a serious safety issue, the GM's new CEO was faced with salvaging the company's reputation. The culture was to blame, she said. Really? ...

non compete

Illusory Promises May Derail Your Non-Competes

Recent court cases might be signaling a new trend for how non-compete agreements are interpreted – one that looks at the sufficiency of the contract’s consideration, rather than its existence. Courts are now looking at the adequacy of promises within the contract to determine if employers’ offers in exchange for a signed agreement might be inadequate.


Sacred Cows Make the Best Burgers

What subject is your organization's sacred cow? If there's a process or institution or piece of wisdom deemed immune from question or criticism, consider why. It may be the very thing that needs retooling or the ticket to your next great opportunity. In growth-oriented organizations, nothing can be above refinement.

not listening

Ignoring Issues Raised By Cybersecurity Whistleblowers Only Compounds the Problem

2015 continues the trend of expensive and high-profile data breaches. Given both the business costs and the legal liability associated with data breaches, companies need to think twice about how they deal with employees who come forward to report cybersecurity vulnerabilities. Ignoring the issue and lashing out against the potential whistleblower will only compound the company’s problem.

question mark

Does Every Board Need an Activist?

Governance expert Paula Loop has worked with scores of CEOs over the years, and in her experience, many belong to one of two schools of thought when it comes to activist Board members. There are those that feel Board members experienced in the industry trump any activist and those that credit activists with keeping the organization competitive. Loop ...


Georgia On My Mind – How Does Compliance Enhance Shareholder Value?

What does the compliance function do to increase shareholder value? It's a question you've no doubt heard before, in some form or another. Tom Fox argues that no company with strong internal controls is run more poorly because of them. No -- in fact, stakeholders are necessarily better off when the company is kept on the ...


When a Regulator Calls: The Use of Information Obtained From Compulsory Examinations – Lessons From the Australian Experience

Regulators can and do compel witnesses to provide information in the course of an investigation. And at times, regulatory agencies have used that evidence, obtained compulsatorily, to prosecute the very witnesses that coughed it up. Have these witnesses' right to silence have been violated? If a regulator calls, you'll want to know your rights!

medicine cabinet

Amarin Pharma Decision Reiterates Importance of Disclosures in Off-Label Promotion

In a follow-up to June's pieces on the Amarin complaint, Brian Dahl responds to the FDA's disregard for the decision in United States v. Caronia, in which the Second Court ruled that the FDA must limit its restrictions on truthful, non-misleading off-label promotion. The implications of truthful speech are better informed treatment options. Or isn't that what ...


U.S. Supreme Court Sides With EEOC in Abercrombie Headscarf Case

In June the U.S. Supreme Court handed down a ruling in the EEOC v. Abercrombie & Fitch stores case. The EEOC argued on behalf of an applicant who was denied a position on the grounds that her headscarf would violate the company's no headgear policy. Employers, take note: when company policy and religious accommodation needs meet, the ...

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