...during a merger/acquisition. Many companies depend on human resources for recruitment, retention, training, development, employee performance management, regulatory compliance, and when it comes to dealing with compensation and benefits for employees. This paper will describe human resources role as a strategic partner in corporate restructuring of a health care facility as well as human resources functional responsibilities as mentioned above. When a corporation is in the process of being restructured, they must depend greatly upon their human resources management to recruit and retain the employees for the company. Corporate restructuring can be a stressful time for everyone that is involved including all employees. Human resources must do their best to retain the employees who are currently employed. They do this by keeping them happy so that they stay with the company. Human resources must also hire new employees on an as-needed basis is a company is being restructured because they may be growing and new positions may be opening. When new employees are hired, they need to be trained accordingly. To be trained for a new position within a company requires the human resources to provide the necessary materials and personnel to properly train the individuals. Training usually consists of some type of classroom and paper materials, and so many hours of on-the-job training. Human resources are entirely responsible for training new employees and training current employees on...
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...Regulatory and Compliance Issues Paper SANYUY D. ELVIS LAW 531 October 13, 2015 JAMES CHARNELL Regulatory and Compliance Issues Paper Do you think that the creation and work of the Public Company Accounting Oversight Board (PCAOB) has resulted in greater independence of auditors of public companies? Due to some major Corporate and Accounting Scandals in some prominent companies including Enron and WorldCom, Sarbanes–Oxley Act (SOX) was enacted in 2002. Through this, a lot of changes were introduced as to the regulation of Financial Practices and Corporate Governance. The SOX later on created the Public Company Accounting Oversight Board (PCAOB). The PCAOB is to oversee the audits of public companies and other issuers so that the interest of the investors can be protected and also further public interests in the preparation of Independent, accurate and informative audit reports. Therefore, all public companies are required to register with PCAOB and also follow its rules. Independence is one of the rules of the PCAOB. As stated in the PCAOB standards Section 101.01, “A member in public practice shall be independent in the performance of professional services as required by standards promulgated by bodies designated by Council”. Furthermore, according to the American Institute of Certified Public Accountants (AICPA), Independence can be defined as a state of mind that permits a member to perform an attest service without being affected by influences that can compromise...
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...Abstract There are cross-cutting issues that organizations face regardless of the sector they operate in. It is easy to become so heavily focused on our own individual organizational challenges and strategies, that we do not take advantage of all that can be learned from looking outside the box. This is much the case when it comes to resource management. This paper will analyze the key factors to consider when developing a resource management plan for the public sector, specifically within the realms of community service, in the context of increased consumption of resources with no technological innovation or upgrades. Strategically managing resources, especially in this technology driven era, is a challenge many organizations face. There is a great demand for services (consumption) but less or, in best case scenarios, “flat” amounts of resources to addressing this rising demand. Meanwhile, organizations struggle to keep pace with the latest technological offerings in the market and must determine which of these technologies produces the most meaningful use, or return on its investment. Technological innovation for the sake of acquiring the newest, latest technology should be avoided. (Newell & Turner) But, what happens when increased consumption persists (or demand for resources) but no technological innovation occurs? More importantly, how does an organization in the public sector plan strategically for such a scenario and how can other sectors benefit from this knowledge...
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...International Diploma in Compliance Assignment due date - 29th August, 2011 Industry - Banking Board Memorandum To : Board of Directors Executive Management Subject : Recommendations to promote the independence of the Compliance Function Date : 29th August, 2011 In reviewing last year regulator’ report on our bank, the bank have been imposed more than fifteen major violations from the regulators and some of the violations have got the bank into paying a huge amount of penalties. When penalties imposed the reputation of the bank will be at risk and this risk will lead the bank to financial loss. The bank has to redefine its risk measures and practices to avoid such failure in meeting regulators needs and meet all compliance requirements. Compliance Risk Our bank is conceder to be one of the leader banks nationally and internationally and in order to keep this position the bank has to manage its compliance risk strictly starting from compliance function. The very common practice which conceder to be an issue from a regulatory aspect is going through all the rules and regulations and stating we are in compliance with them and we are not 100% complied. Now it is the time for the bank to put a full stop on such kind of issues and focus on working on compliance risk by having an effective and efficient compliance function. Effective Compliance Function In April 2005 Basel Committee on Banking Supervision released a paper on Compliance and the Compliance...
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...|Learning Team |Review the assignment options described below. These options are found in the University of | |10 | |ERM Paper |Phoenix Material: ERM Paper located on the student website. | | | | | | | | | |Option 1: Write a paper of no more than 1,750 words in which you identify potential tort | | | | |risks that arose in the Business Regulation simulation. Identify a tort violation from the | | | | |simulation. Then use the 7-step process as defined in the Harb article to apply the risk | | | | |management process to mitigate the business risk associated with that violation. | | | | | | | | | |Option 2: Write a paper of no more than 1,750 words in which you identify potential tort | | | | |risks that arose in the Product...
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...Term Paper: Security Regulation Compliance Giancarlos Guerra Strayer University CIS 438 - Information Security Legal Issues Abstract: In this paper I shall provide an overview that will be delivered to senior management of regulatory requirements the agency needs to be aware of, including: i. FISMA; ii. Sarbanes-Oxley Act; iii. Gramm-Leach-Bliley Act; iv. PCI DSS; v. HIPAA; vi. Intellectual Property Law. Describe the security methods and controls that need to be implemented in order to ensure compliance with these standards and regulatory requirements. Describe the guidance provided by the Department of Health and Human Services, the National Institute of Standards and Technology (NIST), and other agencies for ensuring compliance with these standards and regulatory requirements. Term Paper: Security Regulation Compliance Introduction In the day-to-day operations of information security, security professionals often focus the majority of their time dealing with employee access issues, implementing security methods and measures, and other day-to-day tasks. They often neglect legal issues that affect information security. As a result, organizations often violate security-related regulations and often have to pay heavy fines for their non-compliance.” A Chief Information Officer in a government agency should realize the need to educate for senior leadership on some of the primary regulatory requirements, and realize the need to ensure that the employees in the agency...
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...This paper is being written in response to an assignment that has been given by the International Compliance Training for the International Diploma in Governance, Risk and Compliance. It looks at the factors surrounding financial services compliance along the industries lines of legislative, economic, industry driven, political, environmental and possible scandals relating to all of these areas. The information has been gathered from the British Virgin Islands jurisdiction from sources such as Financial Services Commission, British Virgin Islands Government and internationally, from the International Monetary Fund, the Organization for Economic Co-operation and Development and the text, International Compliance Training Ltd. The research is basically theoretically driven to ascertain if the industry would be better off with regulation or left for participants to operate freely. Introduction: Scandals (such as Enron, WorldCom), the September 11 attack and financial crisis of 2007 and 2008 brought attention to loopholes of legislation that market participants have been taking advantage of for years. It was never the intention of regulation to cause market abuse, insider dealings or loss of investments or tangible properties. This paper details the shortcoming of legislation but also highlights how an effective regulatory environment can be achieved. What is Regulation? Regulation is defined according to the International Compliance Training Ltd as a set of binding...
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...4.2 Differentiate between types of discriminatory issues and the associated legal considerations. 4.3 Determine methods for managing legal risk arising from regulatory compliance issues. Readings Read Ch. 31 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 32 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 33 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 43 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 44 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 45 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read Ch. 46 of Business Law: Legal Environment, Online Commerce, Business Ethics, and International. Readings Read this week’s Electronic Reserve Readings. Participation Participate in class discussion. 2 Discussion Questions Respond to weekly discussion questions. DQ 1 due Day 3 and DQ 2 Due Day 5 2 Nongraded Activities and Preparation Podcast Listen to the Week Four podcast. Learning Team Reflection Check out the local and national news sources and find a current event that reflects what we are learning this week-- Write a 350- to 1,050-word team paper explaining the event and its relevance to the week’s...
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...Recognizing and Minimizing Tort and Regulatory Risk Plan A business, whether for or not for profit, in this country, is regulated under guidelines known to us as laws. These laws hold business leaders accountable for conducting business in an ethical manner and protect consumers from negligent practices imposed by a business. An example of these laws is Tort Law, which is a law that provides compensation for tortuous acts to an injured party or party’s property through a civil lawsuit (Cheeseman, 2010). Tort, defined as “a wrong”, is categorized by two components: Negligence Torts and Intentional Torts. The issue of a tort violation is a matter of the plaintiff proving his or her case or the defendant establishing a reasonable doubt that dismantles the plaintiff’s case. By using Alumina, Inc. as a point of reference, this paper will address how regulatory risks are identified and how they can be managed though preventive, detective and corrective measures. It will also concentrate on the torts and risks identified in the simulation and develop a plan that recognizes and minimizes the regulatory risks in this week’s simulation as well as those examined throughout the chapters in this week’s readings. Alumina, Inc., a four billion dollar United States based aluminum maker located along the borders of Lake Dira in Erehwon, is a manufacture of packaging materials, automotive components, bauxite mixing, alumina refining and aluminum smelting. It operates in eight countries...
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...BA 3301 Legal Environment of Business Compliance Interview and Report Assignment Associate Professor Lee Usnick, JD I. ASSIGNMENT OVERVIEW Virtually all business activities conducted in the United States are highly regulated, not only by governmental entities, but by professional entities as well. Compliance with all federal, state, and local laws and regulations is a prerequisite to the long term health and survival of a business. Equally important is a business's compliance with standards issued by the professional and accrediting bodies responsible for licensing and certification. Certain industries are more regulated than others. For example, health care, financial services, and public utilities are all highly regulated with extensive licensing and operational standards. When a business fails to comply with all applicable regulations and standards, the business and the individuals who manage it can face a variety of sanctions, from loss of license and program certification, to civil and criminal sanctions that include monetary penalties and prison. In this assignment, you will learn how someone in your selected industry meets the challenges of current compliance requirements. It is not necessary to address all aspects of compliance in this industry or selected company. Rather, you should educate yourself in broad terms about the kinds of governmental and industry standards covering your interviewee's business, then select a few key aspects to explore in depth with...
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...BA 3301 Legal Environment of Business Compliance Interview and Report Assignment Associate Professor Lee Usnick, JD I. ASSIGNMENT OVERVIEW Virtually all business activities conducted in the United States are highly regulated, not only by governmental entities, but by professional entities as well. Compliance with all federal, state, and local laws and regulations is a prerequisite to the long term health and survival of a business. Equally important is a business's compliance with standards issued by the professional and accrediting bodies responsible for licensing and certification. Certain industries are more regulated than others. For example, health care, financial services, and public utilities are all highly regulated with extensive licensing and operational standards. When a business fails to comply with all applicable regulations and standards, the business and the individuals who manage it can face a variety of sanctions, from loss of license and program certification, to civil and criminal sanctions that include monetary penalties and prison. In this assignment, you will learn how someone in your selected industry meets the challenges of current compliance requirements. It is not necessary to address all aspects of compliance in this industry or selected company. Rather, you should educate yourself in broad terms about the kinds of governmental and industry standards covering your interviewee's business, then select a few key aspects to explore in depth with...
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...Strategic Management University of Phoenix Strategic Management The purpose of this paper is to describe the role that the human resources management (HRM) department has by being a strategic partner in corporate restructuring or a merger/acquisition of a health care facility or system. Topics discussed will be recruitment and retention, training and development, employee performance management, regulatory compliance and finally, compensation and benefits. The best description of the human resources management department is to look at is as the rudder of a ship. The main task of the rudder is to keep the ship on course, making sure that the direction is set and on course. This is the case with the (HRM) department and it starts with recruitment and retention of good staff. One way of accomplishing this is by using the current workforce as a tool in attracting the best candidates. Current staff that are top shelf standard know the various rigors of the job, and can recommend the correct staff for the (HRM) to interview and consider for the job. A small finder’s fee would be nice to offer for any staff that are hired and make it through their probationary period. This is of course, one way that recruitment and retention can be handled. Retention of current staff is important when considering mergers and acquisitions, keeping the good staff, and after working with staff that is not meeting expectations possibly finding a position that will work for them...
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...Best Practices in Records Management & Regulatory Compliance Andy Moore . . . . . . . . . . . . . . . . . . . . . . . . . .2 Cheryl McKinnon, Hummingbird Ltd. . . . . . . . . . . .4 Records Management: Beyond the Quick Fix There’s a movie playing at my multiplex that warns against placing blind trust in technology, because it’ll getcha in the end. I haven’t seen it yet …” The RM Challenge of Electronic Communications The world of a typical knowledge worker is changing once again. Over the last two decades the technology revolution has broadened access to authoring tools, e-mail and other forms of electronic communication … TOWER Software North America . . . . . . . . . . . . . .6 Randolph Kahn, Esq. & . . . . . . . . . . . . . . . . . . . . . . . . . .8 Barclay T. Blair, Kahn Consulting E-Mail Management: Avoiding the 6 Common Mistakes Information management has become a vital focus for all organizations to address risk mitigation, compliance and overall business continuity … Records Management Redefined: From The Backroom to the Boardroom What is Records Management? Records management is the application of policies, practices, technologies and other management controls … Del Zane and Dean Berg, Stellent . . . . . . . . . . . . .10 Turning Compliance Projects into Business Processes In the not-too-distant past, compliance initiatives often were characterized by back-office operations that involved large volumes of records … Michael McLaughlin, Exact Software . . . . . ....
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...Products Liability Research Paper Tonya Bailey Strayer University LEG 500---Law, Ethics, and Corporate Governance Professor Lynn Macbeth June 2, 2012 Products Liability Introduction As consumers, we purchase products that we feel are beneficial to us in some way or another. The products that we decide and choose to purchase are solely up to the individual. If there is a problem or accident that may occur a result with use of that product, then the consumer is liable. But producers and manufacturers are not exempt being that it is there product, and this is where legal liability issues occur. “Product liability refers to the responsibility of manufacturers for injuries and damages caused by their products” (Hellriegel & Slocum, 2011, pg. 52). In this paper, I will examine the Toyota Motor Company and how this company has been the subject of a product liability lawsuit. First, I describe the company and the product safety issue that led to the lawsuit. Next, I will discuss the legal theories used by the plaintiff to recover in this lawsuit, how the lawsuit was resolved, and why I agree with the decision in the case. Then, it will be relevant to mention the changes that have taken place in the company to ensure greater safety of this product or its products, including specific policies that the company has put in place to protect consumers and end users who purchase and use its product. Afterwards, I will discuss the regulatory agency that oversees the particular...
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...Notes I.28 Session – I important that they would affect the auditor’s report if not resolved. They include the following: • Matters that are significant and involve issues regarding the appropriate selection, application and consistency of accounting principles pertaining to the financial statements, including related disclosures. Such matters often relate to accounting for complex or unusual transactions or to estimates and uncertainties and any applicable management assumptions. Results of auditing procedures that indicate the financial statements or disclosures could be materially misstated or that the auditing procedures need to be significantly modified. Circumstances that cause the auditor significant difficulty in applying auditing procedures he or she considers necessary. Other findings that could result in modification of the auditor’s report. Compliance of Auditing Standards and Audit Documentation – a must for all practice units satisfy any applicable legal or regulatory requirements for records retention. Internationally the norm is assemble the final audit file and submit it for archiving within 60 days from the date of our audit report. The PCAOB standard has shortened this period to 45 days. 51 The auditor would also need to adopt procedures that enable him or her to gain access to the documentation throughout that period. One way for auditors to accomplish this is by creating a policy to maintain electronic documentation. One needs to bear in mind...
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