The entire deal was worth about $6.2 billion in losses to the prestigious firm JP Morgan Chase and Co. The real situation was that Iksil and his colleagues worked in part of the bank. The main task of the Chief Investing Officer is to maintain the bank`s level of risk. Instead of maintaining the level of risk, Iksil focused on making money. More than $350 billion has been used for this purpose. Iksil earned $400 million in 2011, which was just the beginning for such a big game. When the bank thought about reducing its risk in London by entering into a derivative contract whereby two parties exchange financial instruments, often referred to as an « exchange portfolio ». U.S. prosecutors reportedly said the duo committed securities fraud by hiding the true position from the bank`s management. The bank posted its first quarterly loss in 2013. A business must protect its tangible and intangible assets against damage, theft, waste and failure. It should ensure that its assets do not cause damage to any person, employee, authority or institution, both internally and externally. This will help minimize the possibility of legal risk arising from claims for damages, penalties, litigation, etc.
One of the main reasons why legal risk is associated with operational risk is fraud, as it is recognized as the most important category of business interruption events and is also considered a legal issue. [2] However, this does not mean that the legal risk is limited to this conceptualization. For example, there are certain types of legal risks defined by European Union (EU) law. In 2005, the European Central Bank stated that it would develop its own legal definition of risk in order to « facilitate appropriate risk assessment and management and ensure a consistent approach among EU credit institutions ». [3] Cybersecurity is only one part of a company`s defense against the effects of a data breach. Strong privacy governance is essential to ensure that the company`s information-handling practices do not put it at increased risk of a breach and that it can respond quickly to a breach. Structural changes in the market are usually the result of far-reaching legal changes. In financial services in the United States, for example, the Dodd-Frank Act1 revised the rules applicable to investment firms and banks. Impact is typically measured and prioritized based on financial impact, prioritizing potentially the most costly risks.
But other factors such as reputational damage and cultural impact are also important. So how can you identify, prepare and manage the different types of legal risks for your business? Legal risk is the likelihood of financial loss or loss of reputation resulting from a lack of knowledge (or misunderstandings) about how the law will be applied to your business, or working with reckless indifference to the law and its enforcement. This does not mean that only lawyers can perform a legal risk analysis or that lawyers are sufficient for the legal risk analysis. One of the most powerful and intangible benefits of this legal risk management course is that it can bridge the gap between lawyers and their peers across the organization. Regulatory risks come in many colours, making it difficult to identify regulatory risks. Some regulations are cross-sectoral, such as taxation and labour and employment. Some regulations are specific to a jurisdiction: national, regional or local. Regulations may address specific practices such as clinical trials, consumer product protection or financial disclosures.
Regulatory risks may be significant or unclear. What regulations apply to your organization? To use a tired sentence: « It depends. If you`re an investor or a company, you`ve probably heard that you should always comply with employment law, tax law, and other regulations. One of the most obvious legal risks of not doing so is the risk of arrest and prosecution. Compliance risk includes risk arising from non-compliance with laws, internal policies and best practices applied to a commercial organization. This can result in financial losses and legal sanctions. For example, the annual compliance of a company and an LLP is required. Failure to file annual reports by LLP may result in a penalty of Rs 100 per day and, in the case of companies, at least Rs 50,000, which may be up to Rs 5,000,000. This can lead to shaken legs of the company. Legal risk is the risk arising from non-compliance with legal or regulatory obligations.1 You work hard to ensure that your business is profitable and maintains an excellent reputation. Don`t risk this by losing sight of all the legal risks associated with running a business. The scope of competences beyond national borders varies considerably.
In antitrust law, for example, US law only covers situations where the breach affects the US (meaning that it does not matter where the act that caused the breach occurred), while the EU considers only where the antitrust crime was committed.3 These risks certainly overlap. Does an infringement claim represent a contractual risk or a litigation risk? They also overlap with other types of risks, which are often outside the lawyer`s jurisdiction. Is the risk that a loan agreement will be unenforceable against a borrower a contractual risk or a credit risk? The legal department of a corporate organization must ensure strong and ethical corporate governance within the organization. It should ensure that the company conducts ethical and legal transactions and practices that minimize legal risks. In addition, a business may face cases and lawsuits for damages or losses caused to a consumer. This may be due to a defective or damaged product. For example, cosmetics companies often face lawsuits from a consumer for damages caused by the company`s cosmetic products. The damage can be completely unintentional and represent only one of millions of products sold. This can still cause a significant loss to the company. She may have to pay a large amount of compensation.
It can also lead to a loss of reputation and brand image. These are the risks arising from the regulations and laws that govern a commercial organization or the market in which it operates. Each country and the government establishes certain laws and regulations for the proper functioning of businesses.