Risk Management and Crisis Response Risk Management and Crisis Response

SEC Agrees to $11.8 Million Settlement with Auditor for Alleged Audit Failures

In October 2016, the U.S. Security and Exchange Commission (“SEC”) announced Ernst & Young LLP agreed to pay $11.8 million...

‘A New Day Has Arrived’: Continued Focus on Individual Wrongdoing

The “Yates Memo,” which instructs United States prosecutors to focus on individual wrongdoers when investigating or prosecuting alleged...

Significant corporate governance changes in proposed amendments to the Canada Business Corporations Act

On September 28, 2016, the Canadian federal government introduced Bill C-25: An Act to amend the Canada Business Corporations Act et al. The proposed...

Significant corporate governance changes in proposed amendments to the Canada Business Corporations Act

The Canadian federal government recently introduced Bill C-25: An Act to amend the Canada Business Corporations Act et al. The proposed amendments...

Penalties Assessed for Untimely Disclosure of Liabilities Arising From an Investigation

On September 9, 2016, the United States Securities and Exchange Commission (“SEC”) charged RPM International Inc. (“RPM”) and...

Newly Introduced OSC Whistleblower Program Receives Over 30 Tips Since Coming into Effect

The Ontario Securities Commission (the “OSC”) has now reported that in the month and a half since its rollout, its Office of the...

DOJ’s Major Insider Trading Victory: a Blueprint for post-Newman Convictions?

Improper disclosure of confidential information and insider trading remains very much a focal point for regulators and prosecutors on both sides of...

SEC Enters into Two Non-Prosecution Agreements for Alleged FCPA Violations

In June 2016 the US Securities and Exchange Commission (SEC) announced that it had entered into two non-prosecution agreements (NPAs) with two...

SEC Continues to Penalize Companies which Restrict Whistleblowing or Seek Waiver of Payment of Whistleblower Incentive Payments

As whistleblower initiatives build steam in Canada, the United States and throughout the world, executives, and board members face evolving...

U.K. Serious Frauds Office Enters into Second Deferred Prosecution Agreement to Resolve Corruption and Bribery Charges

The U.K. Serious Frauds Office (the SFO) on July 8, 2016 obtained its second deferred prosecution agreement (DPA). The Southwark (London) Crown Court...