Fact Sheet 28 for The Family and Medical Leave Act

In addition to putting up the new FMLA poster, covered employers must  give notices to employees about their rights under the Family and Medical Leave Act. Section 29 CFR 825.301 describes the required notices. If you have written guidance to employees concerning employee benefits or leave rights, such as in an employee handbook, information concerning […]

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Record Keeping Under the Family and Medical Leave Act

The Family and Medical Leave Act does impose some record-keeping requirements on employers. [See 29 CFR 825.500]. The law does not impose any particular form or order of the records. Employers umst keep the records for at least three years. Covered employers who have eligible employees must maintain records that must disclose the following: Basic […]

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Gibson Dunn 2008 Year-End FCPA Update

Gibson Dunn & Crutcher LLP has published its 2008 Year-End FCPA Update. By any measure, 2008 was a monster year in Foreign Corrupt Practices Act (“FCPA”) enforcement.  With thirty-three enforcement actions between the Department of Justice (“DOJ”) and Securities and Exchange Commission (“SEC”), the statute’s dual enforcers, 2008 was the second busiest numerical year on […]

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The Growing Importance of Enterprise Risk Management

Kyle McNabb writes about The Growing Importance of Enterprise Risk Management on his Forrester blog. In this article he lets us know about the things he learned after talking with a large number of professionals that work for or directly support executives responsible for compliance and risk management endeavors Boards and CFOs will prioritize initiatives […]

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AICPA Exposure Draft on Compliance Audits

The AICPA released a Proposed Statement on Auditing Standards for Compliance Audits (.pdf) This would replace SAS No. 74 Compliance Auditing Considerations in Audits of Governmental Entities and Recipients of Governmental Financial Assistance. Comments or suggestions on any aspect of this exposure draft would be appreciated. To facilitate the ASB’s consideration of responses, comments should […]

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Model Due Diligence Questionnaire for Hedge Fund Investors

The Managed Funds Association put together a Model Due Diligence Questionnaire for Hedge Fund Investors (.pdf). This questionnaire was designed to identify the kinds of questions that a potential investor may wish to consider before investing in a Hedge Fund. The questions that may help amplify on or provide additional details to the disclosure in […]

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Sound Practices for Hedge Fund Managers

The Managed Funds Association updated its Sound Practices for Hedge Fund Managers (.pdf) in November, 2007 in response to the initial drafts of the President’s Working Group on Financial Markets. The objectives of Sound Practices are to: Strengthen business practices of the hedge fund industry through a strong framework of internal policies and practices Encourage […]

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What is a Hedge Fund?

The President’s Working Group on Financial Markets Report of the Asset Managers’ Committee uses this as a definition of “hedge fund.” By “hedge fund” we mean a pooled investment vehicle that generally meets most, if not all, of the following criteria:  (i) it is not marketed to the general public (i.e., it is privately offered), […]

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Establishing an Integrated Risk Management Framework

Scott Kwarta, Director of Advisory Services at OpenPages, Inc., put together a presentation on Establishing an Integrated Risk Management Framework (.pdf). I like this depiction of the risk management cycle:

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What is Enterprise Risk Management?

The Committee of Sponsoring Organizations of the Treadway Commission adopts this definition of Enterprise Risk Management: Enterprise risk management is a process, effected by an entity’s board of directors, management and other personnel, applied in strategy setting and across the enterprise, designed to identify potential events that may affect the entity, and manage risk to […]

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