May 18, 2011 Leave a comment
As Enterprise Risk Management (“ERM”) has evolved as a discipline over the last decade, it has been largely shaped by waves of reform efforts resulting from corporate fraud in the early 2000’s to economic catastrophes and widespread corruption in the latter half of the decade. According to a recent article by Mary Driscoll in Business Finance Magazine (a partner publication of The ERM Current), a new wave of ERM change and focus is at hand. Through several sources, Mary offers her view of the most recent wave and the one on the horizon.
The third wave, which is proving just as significant, came in early 2010 in the form of SEC Rule 33-9089, which “mandates disclosure of risk oversight and risk reporting lines, risk assessment by business unit, and assessment of the risk associated with compensation plans,” explains Paul Walker, Associate Professor of Commerce at the University of Virginia and a leading academic in the field.
“Furthermore, the recent Dodd-Frank Wall Street Reform and Consumer Protection Act has raised the risk bar by mandating risk committees and risk experts on those committees. Add to this the fiduciary duty pressure on boards and the potential risk-related lawsuits, and you end up with risk getting attention at every level of the organization,” adds Walker.
Now consider this twist. According to an article by Deloitte Financial Advisory Services LLP’s Toby Bishop, “The Dodd-Frank Act has created a large financial incentive for whistle-blowing in companies across all industries.” An area of particular concern relates to violations of the Foreign Corrupt Practices Act, and that could mean higher potential liabilities for companies moving aggressively into emerging markets where local officials expect to trade access for cash.
What has your company done to prepare for the potential impacts of these waves? If you would like to learn more about practical, cost-effective solutions, let us know by emailing us at NavigateSuccessfully@WheelhouseAdvisors.com.