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Risk Management Links of the Day: 12.16.09

janet napolitano DHS

  • Department of Homeland Security Fail: “Tahaya Buchanan, an American fugitive who’d been on the run for more than two years, dodging a national arrest warrant for insurance fraud, has spent her years underground gainfully employed by the Department of Homeland Security.
  • Our homeland security watchdog is doing something right, however, as DHS Secretary Janet Napolitano yesterday announced a “first of its kind federal-state cybersecurity partnership” between the department and the state of Michigan. As someone who reads dozens of horrible press releases every day, I can assure you that this is one of the least informative press releases ever written (and, not for nothing, DHS could probably use some proofreaders), but the gist of this thing seems to center around some sort of collaborative IT system to uncover malware and cyberattacks — or something.
  • With the financial collapse bankrupting Iceland and putting once-low-risk economies like those of Greece and Latvia on the ropes, Ellen Brown looks at how even the developed world nations of the EU are now bucking IMF debt-repayment protocols. And as former fat cats like Dubai have shown, today’s global climate means that even formerly nonvolatile nations need to be given more scrutiny when it comes to credit risks. “Dozens of countries have defaulted on their debts in recent decades, the most recent being Dubai, which declared a debt moratorium on November 26, 2009. If the once lavishly-rich Arab emirate can default, more desperate countries can; and when the alternative is to destroy the local economy, it is hard to argue that they shouldn’t.”
  • The video streaming site Justin.tv is under scrutiny for its inability to prevent its users from illegally uploading copyrighted content. Ultimately, this is the same fight that has been going on regarding digital intellectual property since Napster and, later, Kazaa gave rise to widespread music piracy across college campuses in the late 90s. YouTube faced similar scrutiny and many lawsuits and, like Napster, has used the “we’re not doing anything wrong — it’s our users” defense. But where Napster (and other, more brazen sharing sites like The Pirate Bay) failed, sites like YouTube have (thus far) been able to sidestep major legal recourse by having procedures (which, if we’re being honest, are only minimally effective) that ensure the removal of content if it is reported as infringing copyright. Getting back to the main story…Now under the threat of legal action, Justin.tv told its side of the story in front of the House Judiciary Committee this morning. “Justin.tv calls on the Digital Millennium Copyright Act, which they claim should provide them with a safe harbor for copyright-infringing content that appears on the website before they or the appropriate right owners get a chance to remove it … The startup states that it aims to bring live video into the mainstream much like Flickr, The Huffington Post and YouTube have done for online images, news and video clips. The question is: are they really doing everything they can to fight piracy?”

Find an interesting link? Email me any stories, videos or images you come across and would like to see included. Or just follow me on Twitter @RiskMgmt and pass it along that way.

Risk Management Links of the Day: 12.14.09

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To advance our mission of bringing you all the risk management news that’s fit to print, we will be doing these “Risk Management Links of the Day” posts roughly … you guessed it … every day. Hopefully, it will be a nice blend of things that you need to know and things that are just interesting and you might not have otherwise come across in your daily internet travels.

Shifting through all the news of the day takes some time, of course, so please do send along any interesting news items or off-beat, risk-related stories you come across to me at jwade@rims.org. Enjoy.

  • In October, our own Emily Holbrook discussed the dangers of text messaging while driving in the Risk Management article “Unsafe at Any Speed.” Well, according to this “Driven to Distraction” piece, it seems that the problem of driving dangers related to phones goes back well before even the cell phone, and has in fact been a controversial topic since the 1960s, when car phone manufacturers used advertisements (like the one above) and other strategies to help encourage users to talk while they drive. “Critics of the [mobile phone] industry argue that its education efforts over the years provided a weak counterbalance to its encouragement of cellphone use by drivers and to its efforts to fight regulations banning the use of cellphones while driving.”
  • In boneheaded government regulator news: The TSA inadvertently made many of its passenger screening protocols public knowledge when it posted its 93-page operating manual online last Spring. It addition to detailed technical info about x-ray screening and bomb detection, the error revealed 12 countries whose passport holders are automatically given heightened security scrutiny and contained pictures of the credentials used by CIA officials, Congress members and the federal air marshals. “Stewart A. Baker, a former assistant secretary at the Department of Homeland Security, said that the manual will become a textbook for those seeking to penetrate aviation security and that its leaking was serious. ‘It increases the risk that terrorists will find a way through the defenses,’ Baker said. ‘The problem is there are so many different holes that while [the TSA] can fix any one of them by changing procedures and making adjustments in the process . . . they can’t change everything about the way they operate.'” Real Cracker Jack job on this one, TSA.
  • A federal court ruled that an attorney’s personal emails remain private even if sent from a work computer. Says one of the attorneys involved: “Where someone who uses their company e-mail, whether with the Justice Department or someone else, intends the communication to be confidential and takes reasonable steps to ensure the confidentiality … there is no waiver of the attorney-client privilege.”
  • Of all the fallout from the September 2008 market collapse, the Bank of America acquisition of Merrill Lynch has been the most controversial. The Atlantic featured the best (and most accessible) article I’ve seen on the topic, detailing the unusual nature of the meetings that BoA’s leadership had with the SEC and the Fed as the merger was being finalized and strongly suggesting that Hank Paulson and Ben Bernanke essentially strong-armed the bank’s CEO Ken Lewis into acquiring Merrill, despite strong reservations about the book-keeping info that was being revealed through due diligence. This piece by Corporate Counsel, however, suggests that BoA did plenty of bullying of its own in forcing the DC officials to pony up more bailout money than they wanted to in order to mollify the bank’s concerns about Merrill’s balance sheet and prevent BoA’s leadership from using it’s last-minute opt-out provision (known as a “material adverse chance” or MAC clause) to cancel the deal before it was finalized. The SEC has been investigating the details of the merger for some time. And on Friday, the watchdog announced that the investigation is being ramped up. Further developments are certainly forthcoming in the month’s ahead. In the meantime, you can also check Corporate Counsel’s exhaustive coverage of the controversy.
  • An analyst with Celent sees rough times ahead for the P/C industry. Says Mike Fitzgerald: “The negative rating outlook issued by Fitch Ratings [Wednesday] for U.S. property and casualty is warranted and, in addition to the pricing and demand concerns mentioned in the press release, there are loss and expense pressures which should dampen expectations.”

Find an interesting link? Email me any stories, videos or images you come across and would like to see included. Or just follow me on Twitter @RiskMgmt and pass it along that way.

SEC Proposes Disclosure of Risk Management Practices

Back on July 1, the Securities and Exchange Commission voted 3-2 in favor of proposed changes for compensation and board risk management disclosures. The report was released July 10 and comments on the proposals are due Sept. 15, with the commissioners planning to move swiftly to implement these new measures beginning 2010.

Among the proposed changes within the 137-page report is a rule that would force public corporations to disclose the board’s role in overseeing the management of inherent operational and financial risks.

Disclosures of the board’s role in the risk management process may also benefit investors. Expanded disclosure of the board’s role in risk management may enable investors to better evaluate whether the board is exercising appropriate oversight of risk management.

The report goes on to state that the proposed amendments should, among other things, increase the efficiency and competitiveness of the U.S. capital markets by providing investors with additional information on risk incentives and corporate risk management practices.

The key recommendation? A change in short-term incentives for employees:

Indeed, one of the many contributing factors cited as a basis for the current market turmoil is that at a number of large financial institutions the short-term incentives created by their compensation policies were misaligned with the long-term well being of the companies. By contrast, well-designed compensation policies may enhance a company’s business interests by encouraging innovation and appropriate levels of risk taking.

The proposed amendments to disclosure are likely to be implemented in hopes of preventing a future financial crisis like the one we’ve seen and are currently recovering from, albeit slowly. This proposed SEC rule proves that risk management will continue to be at the forefront of every action and decision a public company will make.

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How is your company preparing to spread the role of risk management and implement SEC rule 33-9052?

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