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Chipotle Provides Yet More Reminders of D&O and Food Safety Risks

If the average food safety crisis or product recall forces companies to weather a storm, Chipotle has spent the past year trying to weather a category 4 hurricane. Now months into their recovery effort, it seems they are still seeing significant storm surges.
Last week, a group of Chipotle shareholders filed a federal lawsuit accusing executives of “failing to establish quality-control and emergency-response measures to prevent and then stop food-borne illnesses that sickened customers across the country and proved costly to the company,” the Denver Post reported. The suit accuses executives, the board of directors, and managers of unjust enrichment and seeks compensation from Chipotle’s co-CEOs, while also asking for corporate-governance reforms and changes to internal procedures to comply with laws and protect shareholders.

Sales remain significantly impacted by the series of six foodborne illness outbreaks last year.

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The company reported in July that same-store sales fell another 23.6% in Q2, marking the third straight quarter of declines for performance even lower than analysts had predicted. The company’s stock remains drastically impacted, currently trading at about 4 compared to a high of 9 before the outbreaks came to light a year ago.

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In addition to the most recent shareholder lawsuit, the bad news for directors and officers specifically has also been further compounded recently.

Shareholder lawsuits were filed earlier this year alleging the company had misled investors about its food safety measures, made “materially false and misleading statements,” and did not disclose that its “quality controls were not in compliance with applicable consumer and workplace safety regulations.” In June, a group of shareholders sued a number of top executives for allegedly violating their fiduciary responsibilities and engaging in insider trading.

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Relying on insider knowledge about insufficient food safety protocols, the suit alleges that the executives sold hundreds of thousands of shares in the first half of 2015 before the food poisoning scandal was made public.

Check out previous coverage of the Chipotle crisis in the Risk Management March cover story “Dia de la Crisis: The Chipotle Outbreaks Highlight Supply Chain Risks.”

Prioritizing Risk Management Strategies in Schools

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No matter what precautionary measures schools take, there are many risks and “fires” that need to be put out on a daily basis. To keep staff and students safe and to protect school assets, a proactive approach to mitigating risk in schools is a necessity. The keys to a successful risk management program include careful, strategic planning while taking all relevant and potential factors into consideration, but how can administrators get started?

By identifying potential risks and applying a process to assess them, schools can focus on their objectives more clearly, including top priorities like student and employee wellbeing. Effective risk management reduces the disruption of a student’s education, damage to a school’s reputation, lost time, stress from managing incidents, and the potential risk of legal intervention in an increasingly litigious world. School administrators can explore these strategies as they strive to enhance their risk management initiatives:

Focus on greatest risks and exposures
The concern about lawsuits is ever present, but schools cannot operate under the pretense that litigation is going to happen. They instead must conduct their business for the safety of students and staff. If schools operate under fear, their risk management efforts will simply not be as effective as planned.

Administrators must also consider relevancy. In the private sector, risk management has a large seat at the table, whereas in the public sector that is not always the case. Depending on priorities, some issues that play a vital role within the public sector may not be relevant in the private sector. Identifying the relevance of issues often determines where and how money is spent in a school district, however. District-wide funding can be one of the biggest issues administrators face.

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Districts encounter daily challenges to come up with the right resources available to train staff—especially when it comes to implementing technology. Administrators must make tough decisions when considering funding realities and the need for as much risk management coverage as possible. They need to maintain a balance when money is at stake, as they are only able to make decisions based on the amount of funds available to them.

Focus on what effective training can offer a school faculty
Safety training for school and district staff should play a huge part in every risk management strategy, as well as ensuring the district is in compliance on a state and federal level. Safety training has a trickle-down effect, and if provided at the appropriate level of training, administrators will see a significant effect in reduction of accidents, damage to buildings and costs overall.

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There is always work to be done when it comes to improving school safety and collaboration is a big part of a program’s success. Some of the issues schools now face are different than the concerns of decades past, so providing training and resources to staff can make a difference in helping them understand how to handle a number of situations that could arise.

Technology resources can help with this. Online databases, such as SafeSchools Online Staff Training System, for example, allow school districts to distribute quality training to all employees. This is an effective and way to track and share information on safety and compliance issues that could arise in the classroom or school. The digital database also serves as a proactive approach to training.

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Having an online database enables staff to train in school or at home, and ensures that everyone has the necessary training to handle a situation before it occurs. In the end, by deploying an online safety training system, the district is saving money and time and will be more proactive in handling issues.

Focus on training early on—and take it seriously
First and foremost is tackling the issue of rallying everyone to take safety and compliance issues seriously. Risk management is not a job for one person. It starts with everyone in the school district, from administrators and the school board to principals, teachers, grounds staff and even students. Everyone needs to think of safety and practice mutual accountability within the school community.

Final Thoughts
Risk management may take a back seat when funding is low, giving the impression that it isn’t important. For the sake of their staff and students, however, district-level administrators need to be on board with risk management and make it a priority. In schools, educating students is the main concern, and risk management is secondary. But just like in a factory where posted signs read “safety first” or “safety is number one,” our goal is to get schools to think of safety and its importance to the school in the same way they think of education.

Holding Executives Accountable for Cybersecurity Failures

The average cost of a data breach for companies surveyed has grown to $4 million, a 29% increase since 2013, with the per-record costs continuing to rise, according to the 2016 Ponemon Cost of a Data Breach Study, sponsored by IBM. The average cost hit $158 per record, but they are far more costly in highly regulated industries—in healthcare, for example, businesses are looking at $355 each, a full $100 more than in 2013. These incidents have grown in both volume and sophistication, with 64% more security incidents reported in 2015 than in 2014.

Ponemon wrote:

Leveraging an incident response team was the single biggest factor associated with reducing the cost of a data breach–saving companies nearly $400,000 on average (or $16 per record). In fact, response activities like incident forensics, communications, legal expenditures and regulatory mandates account for 59 percent of the cost of a data breach. Part of these high costs may be linked to the fact that 70 percent of U.S. security executives report they don’t have incident response plans in place.

With so much on the line, more and more companies and consumers continue to search for whom to hold accountable for cybersecurity failures, and the message is becoming clearer: executives need to get serious or watch out.

In a recent report from Bay Dynamics, “How Boards of Directors Really Feel About Cyber Security Reports,” board members expressed a surprising amount of confidence in their abilities to understand and act on cyberrisk threats and indicated there are real risks on the table for IT and security executives. Almost all of those surveyed said that some form of action will be taken should these executives not provide useful and actionable information, with 59% claiming there is a good chance one or more security executives would lose their job over such reporting failures.

More board members (26%) ranked cybersecurity risk as their highest corporate priority than any other risk, including financial, legal, regulatory and competitive risks, and 89% said they are “very involved” in making cybersecurity decisions.

Following the typical presentations from IT and security executives, more than three in five board members are both significantly or very “satisfied” (64%) and “inspired” (65%), but 32% are significantly or very “worried,” and 19% are significantly or very “confused” and “angry.”

According to the report:

Of the information provided to them during these presentations, the majority of board members (97%) say they know exactly what to do or have a good idea of what to do with the information. This statistic, however, does conflict with IT and security executives’ thoughts on the information they present. Based on our December 2015 survey, only 40% of IT and security executives believe the information they provide the board is actionable. There is a clear disconnect here between what the board perceives is actionable information, and what IT and security executives define as data that can be used to make informed decisions.

“IT and security executives are focusing on what they believe are the most impactful issues: a) forward-looking information about known vulnerabilities that could potentially harm the company in the future, b) specifics about data that was lost as a result of known infiltrations and data breaches, and c) the impact of these infiltrations and breaches,” Bay reports. “Interestingly, while information about how much is spent to address cyber risk is reported by IT and security executives in less than one-half of the companies surveyed, this was the most commonly cited information that board members said they needed to make investments for cyber risk planning and expenditures.”

Bay also pointed to a critical challenge in the education gap of many board members and the reliance upon information security executives: a large portion of the education board members have on infosec is from the organization’s IT and security executives, and “when the person education you on cybersecurity is the same individual tasted with measuring and reducing cyberrisk, there’s a fundamental disconnect.” It is extremely difficult for board members to understand what they are missing without education of their own and a third-party audit in place.

As cyberrisk continues to become a top enterprise risk priority, the consequences of failure may impact more of the C-suite than just chief information security officers or top IT executives. In May, following a social engineering fraud case that resulted in a wire transfer of 50 million euros, Austrian aircraft parts manufacturer FACC fired its chief executive of 17 years. Some regulators also want to start holding chief executives accountable in a way that truly speaks to them: their paychecks.

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According to a report from members of parliament on the British Culture, Media and Sport Select Committee, Britain’s status as the leading internet economy in the G20 is under threat from a combination of increasing reliance on digital infrastructure, and inadequate protection of it. To address the issue, they suggest that chief executives who fail to prevent cybersecurity breaches have a portion of their pay docked.

Such was the case with Baroness Harding, the chief executive of TalkTalk, Britain’s fourth-largest broadband provider, which suffered a high-profile cyberattack recently.

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Her performance bonus was slashed by more than a third as a result of the company’s security failings.

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“Companies must have robust strategies and processes in place, backed by adequate resources and clear lines of accountability, to stay one step ahead in a sophisticated and rapidly evolving environment,” said Jesse Norman, chairman of the committee. “Failure to prepare for or learn from cyber-attacks, and failure to inform and protect consumers, must draw sanctions serious enough to act as a real incentive and deterrent.”

Wildfires a Reminder to Update Disaster Preparedness Plans

Raging across the country, threatening businesses and residences alike, wildfires are a reality, burning a reported 1.

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9 million acres in the U.S. so far this year. West of Santa Barbara, firefighters have battled an intense fire for almost a week. Wildfires are also burning in Arizona and New Mexico. In Canada, the Fort McMurray blaze burned for weeks and scorched some 2,400 square miles of land—more than 1.4 million acres. In five of the past 10 years, in fact, wildfires have ranked among the top 20 worldwide loss events.

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Companies that haven’t already done so may want to assess the impact such a disaster could have on their business as well as what actions can be taken to mitigate damage.

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While most businesses believe they are prepared for a fire, especially if their building is equipped with fire alarms, fire extinguishers, smoke detectors and an evacuation plan, these measures may not be enough when stress and confusion take over, according to Interstate.

Organizations could face utility interruption, impacting gas and phone syDocument recovery3stems; they may have flooding from sprinklers, which, mixed with soot, can cause other complications; there may be smoke damage, which can by carried throughout a building through air conditioning systems; and there can be chemical residue from fire suppression systems.

There also may be asbestos hazards from older building materials, ceiling and floor tiles and pipe insulation.

Planning ahead for data loss resulting from damaged computers and burned paper documents is also advised.

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Interstate lists four questions companies need to ask in advance of such a disaster:
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