I normally cite to The Wall Street Journal. But occasionally I come across something elsewhere worthy of note. One of my sources is the Business Law Prof Blog. There was a post there today titled “Omissions Liability: Tempest in a Teapot or Gathering Storm?”
At issue, can there be Rule 10b-5 liability (dealing with securities fraud) for not saying something, when you had knowledge and something akin to a duty to disclose. There’s a Supreme Court case (Leidos, Inc. v. Indiana Public Retirement System) pending that may resolve the issue.
Is a corporation’s failure to say something in itself information, and if so, is that silence itself information that must be governed in order to be compliant? How do you manage/govern silence?
Filed under Board, Business Case, Collect, Communicate, Communications, Compliance, Compliance, Compliance, Controls, Corporation, Directors, Duty, Governance, Inform market, Inform shareholders, Investor relations, Management, Third parties, To report
In the case of another serial offender, “Mylan Settles U.S. Claims on EpiPen,” The Wall Street Journal, August 18, 2017 B5. Mylan pays $465 million for misclassifying the EpiPen as a generic, which affects how Medicaid reimbursements are made.
Funny how Mylan is so careful to not make mistakes that result in them getting less money. The current shareholders keep getting these large bills.
Filed under Accuracy, Business Case, Controls, Corporation, Culture, Definition, Duty, Governance, Information, Internal controls, Oversight, Protect assets, Risk
“Faux Ransomware Does Damage,” The Wall Street Journal, June 30, 2017 B3. Motive for recent attacks was not blackmail, but just disruption. The files that were attacked may not be recoverable. “Malware Leaves Big Law Firm Hobbled,” The Wall Street Journal, June 30, 2017 B3. DLA Piper shuts down after its computer systems hit. “Hospital Is Forced To Scrap Computers,” The Wall Street Journal, June 30, 2017 B3. West Virginia hospital tosses its entire computer network after cyberattack.
Have the Visigoths gathered at the gate? If we can’t protect our computers and the information they contain and send, does our civilization survive? Is IT now more important that all the other functions?
Filed under Access, Business Case, Business Continuity, Controls, Information, Interconnections, IT, Operations, Risk, Security, Value
Apparently, keeping the identities of confidential informants secret poses some challenges. Are there information governance lessons to be learned?
“Inmates Targeting Informants,” The Wall Street Journal, June 21, 2017 A3. “[C]lose to 700 witnesses and informants believed to have cooperated with the government have been threatened, wounded or killed” over three years. One source of information: online court records that provide clues as to who cooperated with the prosecutors. Some inmates may be posting their sentencing files to establish their bona fides.
Hard to classify this in this blog. Does this pertain to
- the value of accurate and complete information
- the risk in making information widely available
- the government’s duty to protect informants
- the government’s duty to have a transparent criminal justice system
- a defendant’s right to confront his/her accusers
- the need for security and the difficulty in providing it
- the proactive value of disclosure
- the fact that information can be misused
- the difficulty in creating effective controls
Filed under Access, Accuracy, Communications, Compliance, Controls, Data quality, Duty, Duty of Care, Governance, Government, Information, Internal controls, Oversight, Privacy, Protect assets, Risk, Third parties, Value
Is the use of algorithms to set prices a subterfuge to facilitate price fixing?
“To Set Prices, Stores Turn To Algorithms,” The Wall Street Journal, May 9, 2017 A1. Use of algorithms to establish prices for a wide range of products, from Staples to gas stations based on “big data.”
But what if everyone uses the same algorithm? Or if the algorithms are wrong or the data upon which they are based is wrong? Can anyone explain what they do and how they do it? The ultimate black box.
Filed under Analytics, Business Case, Collect, Compliance, Data quality, Governance, Information, IT, Management, New Implications, Operations, Oversight, Use, Use
There were four pieces in today’s WSJ relevant to governance or information governance, or both.
“Currency Trading Data Hint at Leaks in U.K.,” The Wall Street Journal, April 27, 2017 B1. Indications that some investors are getting a sneak peek at UK statistics before they are published. Does this go to access or to the calculus of the value of information including a factor for timeliness?
“FCC Chief Rails At Net Neutrality,” The Wall Street Journal, April 27, 2017 B1. Is the government right in trying to control how information is accessed over the internet, or how (high-speed) access to that information is priced? Who governs the internet, if any one?
“United Cites Litany of Failures,” The Wall Street Journal, April 27, 2017 B1. CEO says “‘We let our policies and procedures get in the way of doing the right thing.'” CEO also to give up his role as Chairman of the Board. A CEO taking accountability for the actions of employees on his watch – remarkable. United also took out full-page ad. Intersection of governance and crisis management.
“Hedge Fund Bets on ‘Big Data,'” The Wall Street Journal, April 27, 2017 B11. Investments in analytics to identify profitable trades. Timeliness of information is a factor in the value of that information.
Filed under Access, Analytics, Board, Business Case, Compliance, Controls, Corporation, Directors, Duty, Duty of Care, Employees, Governance, Government, Information, Internal controls, New Implications, Oversight, Oversight, Protect assets, Risk, Third parties, Value
One of the risks of bad information governance is that your employees will violate some restriction/law/regulation and the corporation will have to pay for it. How much, you may ask?
“Volkswagen Faces Up to Penalties,” The Wall Street Journal, March 11, 2017 B1. Volkswagen pleaded guilty and “agreed” to pay penalties of $4.3 billion for misleading the regulators and the public in the diesel emissions scandal.
Cost to date: $25 billion for trying to hide something from the regulators and the public. Would your company do something like that? What has this cost the directors and managers who either missed it or ignored it? What has it cost the Volkswagen shareholders?
Filed under Accuracy, Board, Business Case, Compliance, Compliance, Compliance, Compliance Verification, Corporation, Culture, Directors, Duty, Employees, Governance, Management, Oversight, Oversight, Protect assets, Protect information assets, Risk