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On July 13, 2022, the Office of the Superintendent of Financial Institutions (OSFI) released its final Guideline B-13 (the Guideline), setting out technology and cyber risk management expectations for all federally regulated financial institutions (FRFIs), such as banks, insurance and trust companies. [read post]
26 Aug 2022, 4:00 am by Jim Sedor
Some Companies’ Political Spending Fuel Voter Suppression. [read post]
25 Aug 2022, 2:14 pm by Robert B. Lamm and Robert C. White Jr.
As a general example, a stockholder plaintiff who believed that a duty of care violation had occurred could sue the company’s board and its officers, but in most cases the directors could avoid the effects of this component of the legal action based on the exculpation available under Section 102(b)(7). [read post]
25 Aug 2022, 7:33 am by Kyle Hulehan
Localities frequently offer abatements or other property tax incentives to select companies.[9] And of course, property tax rates are set by political subdivisions at a variety of levels: not only by cities and counties, but often also by school boards, fire departments, and utility commissions. [read post]
Gruenberg of the Federal Deposit Insurance Corporation (“FDIC”) released the FDIC’s priorities for 2022, which included “[a]ddressing the financial risks that climate change poses to banking organizations and the financial system. [read post]
24 Aug 2022, 5:01 am by Jim Dempsey
But, perhaps there is a middle ground, where the FTC could be granted some inspection authority that allows it, on some prioritized basis, to examine the risk assessment strategies of companies and thereby identify weaknesses and best practices As the bill moves forward, Congress may want to consult with administrative law experts for suggestions on how other agencies structure their inspections or examinations schedules. [read post]
24 Aug 2022, 5:01 am by Charlotte A. Tschider
The Health Insurance Portability and Accountability Act (HIPAA) restricts health care providers, health plans, and other covered entities (and their business associates) to specifically communicated data collection purposes and practices. [read post]
The Commissioners underscored their continuing monitoring of the changing investment portfolios of life insurers during the extended low-interest rate environment highlighting the hunt for yield regardless of ownership structure while stating that “there is nothing that PE firms add to the playing field” that lessens state insurance commissioners’ ability to protect insurance entities within broader financial holding companies. [read post]
20 Aug 2022, 3:19 pm by Chip Merlin
The insurance company has the same obligation under good faith adjustment duties, but a value is needed for proof at trial. [read post]
Exceptions may apply, including for stock repurchases: occurring in connection with certain non-taxable corporate reorganizations; by regulated investment companies and real estate investment trusts; not exceeding $1 million in aggregate during the taxable year; and to the extent treated as a dividend. [read post]
15 Aug 2022, 6:00 am by Jon L. Gelman
Workers’ compensation benefits are available to injured workers due to the consequences of hurricanes, including injuries from flooding and wind.The National Oceanic and Atmospheric  Administration ]NOAA] has developed this guide to help workers, employers and insurance companies get the timely information, graphics, and video they need for stories throughout hurricane season. [read post]