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Piracy Incidents Down

Steps taken by the international maritime community have paid off, reducing the threat of piracy in the Arabian Sea’s Gulf of Aden, according to the Allianz Global Corporate & Specialty Safety and Shipping Review 2014. The number of ships seized and hostages taken was down significantly in 2013. According to the International Maritime Bureau (IMB), piracy at sea is at the lowest level in six years—264 attacks were recorded worldwide in 2013, a 40% drop since Somali piracy peaked in 2011. There were 15 incidents reported off Somalia in 2013, including Gulf of Aden and Red Sea incidents—down from 75 in 2012, and 237 in 2011 (including attacks attributed to Somali pirates in the Gulf of Aden, Red Sea and Oman).

But while the number of incidents in this region has gone down, piracy attacks in other areas have increased in frequency, notably Indonesia and off the west coast of Africa. While most of these Indonesian attacks remain local, low level opportunistic thefts carried out by small bands of individuals, a third of the incidents in these waters were reported in the last quarter of 2013, meaning there is potential for such attacks to escalate into a more organized piracy model unless they are controlled.

The Gulf of Guinea region accounted for 48 of the 264 incidents in 2013. Of these, Nigerian pirates and armed robbers were responsible for 31 incidents, including two hijackings, 13 vessel boardings and 13 vessels fired upon. One crew member was killed and 36 kidnapped—the highest number of Nigerian kidnappings for five years, according to the IMB.

Preparing for Hurricane Season

With less than two weeks weeks until the official start of the Atlantic hurricane season on June 1, organizations and homeowners alike are hoping that this year’s season mirrors that of 2013, which was one of the quietest in 30 years. So far, most experts are predicting another relatively calm year.

Philip Klotzbach and William Gray from Colorado State University’s Tropical Meteorology Project predicted below-average hurricane activity, with nine named stroms, three of which would be hurricance and only 1 would be a major hurricane (Category 3 or higher). According to their research, there is only a 35% chance of a major hurricane making landfall in the United States. the average for the last century has been 52%.

Accuweather.com predicted similar numbers with 10 named storms, 4 hurricanes and 2 major hurricanes. these number are all below normal levels as established by the National Oceanic and Atmospheric Administration (NOAA).

Of course, as Klotzbach and Gray point out, it only takes one hurricane making landfall to make it an active season for coastal residents.That means preparedness it vitally important. The Insurance Institute for Business & Home Safety (IBHS) recommends that property owners in at-risk regions focus on five areas to protect their property:

  1. Prepare your surroundings to reduce damage from wind-borne debris.
  2. Protect building openings.
  3. Strengthen roofs.
  4. Ensure the building is tied together (meaning that the roof is secured to the walls and the walls to the foundation).
  5. Properly elevate the building.

Business owners should also remember that sometimes risks can come from some unexpected places. In an article by Caroline McDonald in Risk Management, she spoke to Ron Hayes, who now works as a public entity commercial producer at Arthur J. Gallagher Risk Management Services. He was previously school board risk manager for the Calcasieu Parish, in Lake Charles, La., where he weathered Hurricane Katrina in August 2005 and, a month later, Rita:

When law enforcement returned to police the community and prevent looting after Hurricane Rita, for example, they had 500 flat tires in the first week from running over nails and debris. “You don’t think about things like that until it happens,” he said. “Until you have the tire store up and running, what are you going to do?” The department has since made arrangements to access tires whenever needed. “Pre-storm planning is so important for post-storm recovery,” Hayes said.

The lesson, as always, is that being prepared is always a good thing. As the saying goes, it’s better to have and not need, than to need and not have.

RIMS Risk Maturity Model: ERM Approach and Process Management

Last week, we introduced the latest findings from studies of the RIMS Risk Maturity Model. In an effort to explain the model and results of the study more fully, it’s beneficial to break the RMM into each of its attributes. Here we’ll examine the first two attributes of an effective ERM program, ERM Based Approach and ERM Process Management.

ERM Based Approach

The emphasis of this attribute is to move organizations from an old, obsolete style of governance to a more holistic, integrated approach. Old-style governance is focused on regulatory compliance and silo specific risk management. The problem with this approach is it leaves the organization exposed to risk that isn’t governed by regulatory mandates, as well as cross functional risk that may be systemic to the company.

We see examples of failures in this approach all the time. West Virginia’s water contamination crisis, for example, was caused by a series of risks with inadequate controls—the chemical tank was not adequately surveyed, the employees were not directed to immediately report the leak, even the water filtration organization wrongly estimated that it could filter the chemicals out. None of these entities were at fault from a regulatory perspective, but they were still on the hook for millions in remediation (the chemical plant filed for Chapter 11 bankruptcy in January).

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An ERM approach moves organizations past regulatory concerns, which are only a subset of the overall risk universe. This requires a number of activities that the Risk Maturity Model identifies as drivers of ERM Maturity—tone from the top, assimilation into front line activities, risk ownership—which when combined result in a more risk-aware enterprise.

RIMS Risk Maturity Model: ERM Process Management

With a new governance mindset in place, organizations can move to applying a risk-based process framework of Identify, Assess, Evaluate, Mitigate and Monitor within each business process.

The RMM assesses the degree to which these activities are pervasive inside business processes. Many executives misinterpret these processes as unique to ERM, when in fact the steps are iterative, constantly reoccurring within organizations but without any defined process or standardizations.

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The key to ERM process management is to create a common language and structure so areas can better transfer knowledge to each other where beneficial.  This is done by integrating these framework steps into the business in a way that provides accountability, repeatability, and adequate reporting. A great example is the Vendor Management Governance function. Vendor management is frequently tasked with identifying critical vendors, assessing their risk (such as “due diligence”) and then managing through mitigation (contracts, insurance certificates) and monitoring (shipping times, order completion).

The problem is that vendor management, like other functions, is operating independently with too little information exchanged between vendor management and other governance functions.

Why is this important?

Strategic imperatives are by nature cross-functional, but are rarely linked to processes and activities on the front line. When not linked, risks to corporate objectives are either not addressed or treated differently by the business processes. This alignment is a critical driver of ERM maturity. Organizations that can effectively communicate goals—not just at the corporate level, but down to the front lines—are better equipped to achieve results and elevate concerns.

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Interested in seeing how this approach differs from traditional governance? Watch our short video on Strategic Risk Management.

NY Bill Follows ‘Franken Amendment’

Class action plaintiffs’ lawyers and their allies generally do not like arbitration, especially where the arbitration agreements effectuate a waiver of the ability of a worker or a consumer to bring a class action. Advocates for workers and consumers have attacked arbitration agreements through various avenues in the courts and in the court of public opinion.

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Recently, their efforts also have focused on passage of legislation.

On May 5, 2014, the New York State Assembly passed legislation – known as Bill A4791-2013 – prohibiting state entities from contracting with any business that requires an employee or independent contractor performing work under the contract to arbitrate claims arising under Title VII of the Civil Rights Act of 1964 or any tort related to or arising from discrimination, sexual assault, or harassment. Such torts may include assault, battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring. If this legislation is enacted, all employers who do business with any State government entity in New York would be required to allow their employees to adjudicate employment claims before the courts instead of using arbitration.

Exempt from the bill is any arbitration that is mandated by a collective bargaining agreement between the employer and/or independent contractor. The bill also provides for a waiver to be granted “to respond to an emergency arising from unforeseen causes,” but the waiver is to be no longer than necessary in duration and the state agency granting the waiver is obligated to list the reasons for granting it.

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The New York legislation follows in the footsteps of a similar federal provision known as the “Franken Amendment,” which was added as part of a defense spending bill and signed into law in 2009. The Franken Amendment, named after Sen. Al Franken of Minnesota, bars federal funds from going to defense contractors that continue to apply mandatory arbitration clauses to claims of sexual assault, assault and battery, intentional infliction of emotional distress, and negligent hiring, retention and supervision. The law requires that subcontractors on federal projects also certify to the same arbitration restriction.

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These pieces of legislation indicate the beginning of a trend towards limiting the arbitration options for employment claims.

The New York bill now moves to the Republican-controlled New York Senate for consideration. Stay tuned for future developments on this front in New York and in other states.

This column previously appeared on the Seyfarth Shaw blog site.