Legal Risk Management, Governance and Compliance

Interdisciplinary Case Studies from Leading Experts

Edited by Stuart Weinstein, Charles Wild

Publication date:

01 October 2016

Publisher

Globe Law and Business

ISBN-13: 9781787420564

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.

Preface 5 Stuart Weinstein Coventry University Charles Wild University of Hertfordshire Brexit and legal risk: a case study in the making? 7 Stuart Weinstein Coventry University Matthew Whalley EY Legal Charles Wild University of Hertfordshire The Martin Act and the sweeping power of the New York Attorney General 21 Adam N Love Cabot J Marks MarksDipalermo PLLC Gaining and shedding Dodd- Frank’s ‘systemically important financial institution’ (SIFI) label 33 Hester Peirce Mercatus Center, George Mason University How do you react when the unthinkable happens? 63 Dominic Bacon Squaring the Circle Compliance incentives within the Fédération Internationale de Football Association (FIFA) 77 Sonja Grueninger Internal Investigator Legal risk management and responsible business: the Satyam India case study 91 Linda S Spedding International Lawyer and Adviser Corporate governance and a director’s duty to promote success in the UK, Delaware and Germany 111 Christian W Wiethuechter Hauni Richmond, Inc A ‘risky business’ – aviation safety 135 Sarah Jane Fox DePaul University; Fulbright-Lloyd’s of London The General Motors Cobalt ignition failure case study – lessons learned 155 Stuart Weinstein Coventry University Charles Wild University of Hertfordshire US sanctions and the OFAC case study: the need for a mistake of law defence to strict liability 167 Stuart Weinstein Coventry University Charles Wild University of Hertfordshire Global warming: mitigating risks in offshore wind farm construction 181 Jar Joyce Vattenfall Wind Power Limited About the authors 193

The salutatory lessons in every chapter amply illustrate what -- and what not to do -- in planning and implementing an effective risk management strategy