Category Archives: Regulatory Risk

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Business Interruption Seen as Top Risk Globally

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A survey of more than 1,200 risk managers and corporate insurance experts in over 50 countries identified business interruption as the top concern for 2017. According to the sixth annual Allianz Risk Barometer of top business risks, this is the fifth successive year that business interruption has been seen as the biggest risk.
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“Companies worldwide are bracing for a year of uncertainty,” Chris Fischer Hirs, CEO of AGCS said in a statement. “They are concerned about rather unpredictable changes in the legal, geopolitical and market environment around the world. A range of new risks are emerging beyond the perennial perils of fire and natural catastrophes and require re-thinking of current monitoring and risk management tools.”

While natural disasters and fires are what businesses fear most, non-damage events such as a cyber incident, terrorism or political violence resulting in denial of access are moving higher up on the scale, according to the report. These types of incidents can cause large loss of income to companies, without actual physical loss.

The second concern, market developments, could result from stagnant markets or M&As, or from digitalization and use of new technologies.

Cyberrisk, third on the list of perils, has jumped up from 15th place in just four years. Cyber was identified as the second concern in the United States and Europe.

According to Allianz:

The results indicate that cyber risk occupies a significant portion of a company’s exposure map. The risk now goes far and beyond the issue of privacy and data breaches. A single incident, be it a technical glitch, human error or an attack, can lead to severe business interruption, loss of market share and cause reputational damage. Of the top 10 global risks in the 2017 Allianz Risk Barometer, a cyber incident could be a potential root cause or trigger for 50% of them. In addition, the toughening of data protection regulation regimes around the world is also contributing to this risk being at the forefront of risk managers’ minds, as penalties for non-compliance are increasingly severe.

Fourth on the list, natural catastrophes added up to $150 billion in total economic losses in 2016—with insured losses accounting for $42 billion of those losses—up from $28 billion in 2015, according to the report. Businesses also are more concerned about the impact of climate change and increasing weather volatility year-on-year.

Trump outlook for 2017

“Opportunities and challenges,” says Ludovic Subran, head of Euler Hermes Economic Research and deputy chief economist of Allianz research. “Companies which are domestic, either a regional multinational or national, will benefit. However, the business environment for large multi-national corporations who do have global, strongly regionally diversified business models will be more challenging. Stronger regional interests will make the lives of companies more complicated as there will be increasing protectionist regulation.”

Flint Water Investigation Leads to Felony Charges for Mich. State Employees

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A driving effort to save the state money was said to be the reasoning behind the Flint, Michigan water crisis, which has been tied to lead poisoning in children, among other issues. On Tuesday the state announced felony charges against former state emergency managers, Darnell Earley and Gerald Ambrose, accused of false pretenses and conspiracy to commit false pretenses. The two were said to have been focused on balance sheets rather than the welfare of citizens when they made the decision in 2014 to switch the city’s water supply from treated water in Lake Huron to water from the Flint River.

A state investigation, which began in January, had led to charges against eight state officials and an employee of the Flint water facility.

According to the New York Times:

Charges of false pretenses, conspiracy to commit false pretenses, misconduct in office and willful neglect of duty lodged against the former managers were lauded by Flint leaders, some of whom said they had feared that blame for the city’s contaminated water might ultimately be pinned only on low-level workers.

The claims also reopened a longstanding debate in Michigan over the state’s emergency management provision, reviving questions about whether the system removes power and control over local issues from those residents who come under state oversight.

For years, governors here have appointed emergency managers as a way to efficiently cut debts and restore financial stability in the most troubled cities. But residents of some majority-black Michigan cities, including Flint, argue that the intense state-assigned oversight disenfranchises voters, shifts control from mostly Democratic cities to the state’s Republican-held capital and risks favoring financial discipline over public health.

After the decision was made to use water from the Flint River, Flint residents had began to notice a peculiar odor, color and taste in the water that flowed from their taps. Some reported skin rashes, hair loss and other physical problems. But they did not know why. Water from the Flint River was used by Flint residents for 18 months, but because it was not treated to reduce corrosion, lead from old plumbing leached into the water. Testing revealed dangerous levels of lead.

Residents soon discovered they had been lied to. Public officials had known about the lead but kept quiet. As a result, between 6,000 and 12,000 children were exposed to the contaminated water, which will likely have serious consequences for their health.

Meanwhile, efforts to fix the problem are underway. State officials switched back to the original water source in October. Michigan Gov. Rick Snyder has estimated that replacing the more than 15,000 lead service lines in Flint would take $60 million and up to 15 years.

Plan Now for the Political and Risk Landscape Ahead

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With a new president in office in 2017, there are sure to be changes ahead for businesses in the United States. Yet of risk professionals surveyed, fewer than half are actively preparing. Organizations are expected to see impact in areas including regulation and enforcement strategies, a new national trade policy, and a potential rollback of Affordable Care Act (ACA) provisions, according to Marsh.

Speakers on Marsh’s webcast, The New Reality of Risk, noted that the new administration appears to favor deregulation across several industries including financial services, although a complete repeal of the Dodd-Frank Wall Street Reform and Consumer Protection Act is unlikely, said Arthur Long, a partner at Gibson, Dunn & Crutcher LLP. The Trump administration is also expected to reduce regulation in the energy industry and others.

Areas to watch, according to the webcast:

  • Regulation and Taxes
    Less regulation and lower taxes are the most significant changes that are expected next year, both of which are expected to benefit businesses, said Michael Poulos, president of Marsh Risk Consulting. A stronger dollar could also help larger companies with extensive operations overseas, while others could benefit from changes in credit and monetary policies.
  • Trade Policy
    Changes in trade policy — including a move away from free-trade agreements — could alter the trade credit market, said Michael Kornblau, Marsh’s US Trade Credit Practice leader. These changes could lead to balance-sheet pressures — including reductions in sales and working capital — on companies with more than half of their revenues outside of the US.
  • Health Care
    Meanwhile, the future of the ACA (commonly referred to as Obamacare) remains uncertain for health care organizations and employers, said Mark Karlson, Marsh’s US HealthCare Practice leader, as transition officials have made sometimes conflicting statements about whether they will pursue repeal, replacement, or amendment of the existing law. If any changes are made to the law, it may be some time before they take effect.
  • Cyber Risk
    The election also highlighted cyber risks for businesses, including the potential threat of hackers and the need to encrypt corporate emails, said Tom Fuhrman, Cybersecurity Consulting and Advisory Services Practice leader at Marsh Risk Consulting. Generally, cyber regulations are expected to focus more on ensuring effective risk management for businesses rather than the existence of specific controls.

Although uncertainty remains about many specific policy changes to be made under the new administration, businesses should be thinking about the potential effects of new policies on their operations. Among other steps, businesses should:

  • Stay up-to-date on policy and regulatory proposals from transition and administration officials and develop a post-election game plan that includes actions and strategies that can be taken in preparation for regulatory changes.
  • Assess how reliant they are on global economic models that could become further strained.
  • Plan to reassess their risk more frequently than they have in recent years, according to Marsh.
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2016’s Worst U.S. ‘Judicial Hellholes’

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This year’s Judicial Hellholes report, published by the American Tort Reform Association, identifies nine “hellholes” in light of changes in the U.S. state court system, the types of cases being seen and the courts’ balance between defendants and plaintiffs.

The top nine judicial hellholes are:
j-hellholesAnd if that isn’t enough, the report also includes a “Watch List,” calling attention to eight additional jurisdictions “that bear watching due to their histories of abusive litigation or troubling developments.” Those are:
jh-watchlistBut the news isn’t all bad. The report examines “Points of Light,” which are examples of “fair and balanced judicial decisions that adhere to the rule of law and respect the policy-making authority of the legislative and executive branches.” Highlights include positive court rulings from 11 states.

These courts made it easier to dismiss groundless claims, tougher to bring junk science into court, gave juries a more accurate understanding of how injuries occurred in auto accident cases, and reduced the potential for inflated damage awards. Courts also confirmed that a state attorney general can dismiss meritless cases brought on behalf of the state, but can’t hand the state’s law enforcement power to private contingency fee lawyers.

The report also points out that there are a staggering number of new laws on the books for companies to keep track of. In fact, since 2010, there was an average of 827 new laws annually in California alone.

From 2010 through 2015, lawmakers in Sacramento managed to tack onto the books an annual average of more than 800 new laws. In 2016, they added another 893, at least some of which (see SB 859, SB 1063, SB 1130, SB 1150 and SB 1241) were designed primarily to foment still more litigation and related costs that for many years have helped drive businesses, along with their jobs and tax revenues, into the arms of less litigious states across the country and around the globe.
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