Legal Issues In Risk Management

Companies must either properly manage the complex world of legal and corporate risk or suffer the consequences. Author Bryan E. Hopkins, the former general counsel of Samsung Electronics America, identifies the numerous areas of legal and corporate risk that managers and their company counsel face daily. More importantly, he provides concrete examples that demonstrate how to minimize or mitigate legal and corporate risk. He provides case studies, practical information, and insights to help you conduct an initial legal risk assessment; establish a compliance program; retain records that minimize risk; transfer risk;and navigate the discovery process. Legal counsel must take an active effort in developing strategies, systems, and processes that minimize the legal risks faced by the company on a daily basis. Managers must also be involved to ensure the company develops a successful legal risk management program. Many companies don't think about risk management until they're confronted with class-action lawsuits, product liability claims, government investigations, shareholder actions, and fines. Take a proactive approach to protecting your company with Legal Risk Management for In-House Counsel and Managers."

Legal risk covers all areas of business where regulation and the law impact on operations and decisions. From risks arising from contract drafting and management, through to regulators' new focus on conduct, as well as compliance, regulatory and dispute risks, the effective management of legal risk is key for organizations that want to maximise value while minimizing cost and exposure to legal losses. The Legal Risk Management Handbook is a practical guide to making sure your business is legal, protected and making the most of its opportunities. Written by experts in law and risk management, this highly practical guide sets out a clear definition for legal risk and a framework for its management. Covering the full spectrum of legal risks that international businesses can face, it translates legal concepts into clear mitigatory actions. Whether you are an in-house lawyer needing a clear approach to managing risk in your areas of influence, or a member of the risk management function needing a jargon-free guide to your company's legal responsibilities, you will find authoritative insight and guidance. Containing case studies from international businesses and real-life insights from those at the coal-face of legal risk management, The Legal Risk Management Handbook is essential reading for everyone who needs a better understanding of this important business topic. Now includes online resources: author-recorded lectures that align with the book and the Legal Risk Management course at Texas A&M School of Law, U.S.

Legal Issues in Risk Management: A Policyholder's Guide is designed to help in-house counsel and risk managers understand important coverage issues being addressed in the courts and to handle problems that arise in connection with the pursuit of insurance claims. Specifically, Legal Issues in Risk Management will help you: Identify legal issues that may have a negative impact on insurance coverage and recoveries Effectively address legal issues that may have a negative impact on insurance coverage and recoveries Develop strategies for pursuing insurance recoveries Legal Issues in Risk Management can be used as a: Primer on major insurance coverages and important legal issues that relate to them How-to guide for addressing major legal issues and pursuing coverage claims Reference to case law and statutes on important coverage issues In short, Legal Issues in Risk Management is the first and only guide to insurance risk management that is designed to assist in-house counsel and risk managers with the legal issues they face on a regular basis. Legal Issues in Risk Management has been updated to include: A discussion of developments in duty to defend case law, including a look at what constitutes a "suit" under liability policies sufficient to trigger the duty to defend and an insurance company's obligation to defend its policyholder even where coverage could only exist upon a change in the applicable law An analysis of the potential effect of the "personal profit" exclusion on an insurance company's obligation under a D&O policy to defend a director or officer accused of wrongful gain An examination of the "contractual liability" exclusion in D&O policies An updated look at exhaustion issues and the potential for policyholders to settle away their excess insurance coverage Analyses of "additional insured" and "required parties" issues in Chinese drywall litigation A discussion of recent case law concerning the duties of insurance brokers to their policyholder clients

As a result of corporate scandals, government investigations, disasters, and fines, legal risk management has become more critical than ever. The term covers legal issues such as class action lawsuits, product liability claims, government investigations and fines, shareholder actions, and other legal-related matters. To navigate this complex world, companies need to be proactive about instituting a legal risk management program. Bryan E. Hopkins, an international lawyer, combines legal risk concepts with enterprise risk management and other risk management ideas to help companies get smart about managing risk in this guide. Find out how to: • apply legal risk management concepts in a corporate setting; • understand how to manage regulatory and compliance issues • avoid accusations of discrimination; and • steer clear of product liability claims. This guide includes a fictional case study with two characters, Eunice Kim and Mr. Lee, who bring the issues revolving around risk management to life. Minimize, mitigate, and transfer legal risk with the lessons, strategies, and action steps in The Art of Legal Risk Management.

Geoffrey Miller’s The Law of Governance, Risk Management and Compliance is widely credited for introducing a new field of legal studies. Compliance and its related subjects of governance and risk management are major sources of jobs and also important developments in legal practice. The billions of dollars of fines paid over the past decade and the burgeoning and seemingly never-ending parade of compliance and risk management breakdowns – recently including the Wells Fargo sales practices scandal, the Volkswagen emissions cheat, and the Boeing 737 MAX crisis – all attest to the importance of the issues treated in this readable and timely book. New to the Third Edition: Comprehensive updates on recent developments New treatment of compliance failures: Wells Fargo account opening scandal, Volkswagen emissions cheat, important developments in Catholic Church sex abuse scandal. New treatment of risk management failures: the Boeing 737 MAX scandal. Professors and students will benefit from: Clear, concise definitions Fun and interesting problems Real-world perspective from an author who has been involved both as a scholar and as a member of a corporate board of directors Highly readable and interesting writing Text boxes containing key concepts and definitions Realistic problems for class discussion and analysis

This new volume charts the biggest successes - and failures - of legal risk management, governance and compliance at global brands over the past two decades; the cases that have led to our understanding, and myriad national and international regulations, today. Succeeding bestseller Legal Risk Management, Governance and Compliance: A Guide to Best Practice, this case-study companion provides the next level of critical analysis and legal commentary. Leading experts analyse real-life cases and make recommendations based on lessons learned, offering solutions that will be of use to all those directly involved in, or concerned with, the management of legal risk in the commercial, government or non-profit sector. Key cases under the microscope include the FIFA scandal, coverage of MetLife's fight against being designated 'too big to fail' by the US and lessons learned from the General Motors case. Checklists and diagrams are included to consolidate core issues and provide a readily accessible view of corporate group structures and associated timelines. Legal Risk Management, Governance and Compliance: Interdisciplinary Case Studies from Leading Experts will support practitioners and executives in their professional development while directly demonstrating, case by case, the difference that an effective risk management strategy makes towards organisational goals.

With contributions presented during the Second International Risk Management Conference, this first volume addresses important areas of risk management from a variety of angles and perspectives. The book will cover three separate tracks, including: legal issues in risk management, risk management in the public sector and in healthcare, and environmental risk management, and will be of interest to academic researchers and students in risk management, banking, and finance.