Business Continuity NewsBriefs - May 10, 2017
These NewsBriefs are produced and delivered weekly by Attainium to keep our friends and clients current on topics relating to Business Continuity, Disaster Recovery and Crisis Management.
 

Legal and Ethical Issues and Business Continuity

May 10, 2017 - You are no doubt familiar with many of the numerous laws and regulations for business continuity and disaster recovery planning. All of them, in some way, impact your BC and DR planning and may also result in liability to a company not in compliance. In addition, now we need to consider ethical conduct and integrity planning to avoid additional liability. These artcles may be able to guide you through some of the legal and ethical dangers.


QUOTE OF THE WEEK
"Ethics is knowing the difference between what you have a right to do and what is right to do."
-- Potter Stewart -- 


1. The Legal Issues of Business Continuity Planning

Disaster recovery planners are not expected to be lawyers. However, they are encumbered with the responsibility of understanding the minutiae and vagueness of existing regulatory guidelines and the legal consequences of their company's failure to implement an effective disaster recovery plan. Although no specific laws state categorically that companies must have a disaster recovery plan, there is a body of legal precedents which can be used to hold companies and individuals responsible to those affected by a company's inability to cope and/or recover from a disaster. The entire basis of law relating to the development of disaster recovery plans is based on civil statutes and an interpretation of applicability to disaster recovery planning.
http://www.rsi-llc.com/leadership/documents/thelegalissuesofbusinesscontinuityplanning.pdf


2. Disaster Planning and Liability Management for Corporations

How a corporation responds to a major disaster can directly affect (1) the nature and level of liability it may face in the event's aftermath, and (2) the value of corporate assets following actions that may be taken by civil authorities. Yet many corporations have not adequately considered liability management and asset protection as part of their contingency planning for specific disaster events and, as a result, these corporations are leaving themselves exposed to potential litigation and financial loss.
https://www.pillsburylaw.com/images/content/2/8/v2/2812/113D45659F0EE70CBF1F46E26979E63B.pdf


3. Avoiding Ethical Misconduct Disasters

Ethical misconduct disasters constitute serious costly risks to the continuity and survival of a business. Regular headlines reveal that breakdowns of integrity collectively cost businesses billions of dollars in litigation, fraudulent financial acts, increased costs, fines, reputation and image damage, customer/client trust, lost sales and recovery costs, and potentially land senior management in prison. No company is immune from these threats. What many are only now discovering is that integrity continuity planning is also due diligence. Ethical issues must be on the strategic agenda.
https://gbr.pepperdine.edu/2010/08/avoiding-ethical-misconduct-disasters/


4. Legal Requirements for Disaster Recovery Planning: Common Facts and Misconceptions

Legal responsibility for disaster recovery is no longer limited to the executive corner office. Today, new federal laws and regulations make it everyone's concern. Get the straight story from Eddie M. Pope, author and attorney, and Leo A. Wrobel, noted author and industry expert. Learn about the liabilities of not complying with these regulations; then share this information with management to add a new sense of urgency to your disaster recovery planning efforts!
http://www.informit.com/articles/article.aspx?p=777896


5. Five Nuggets to Protect Your Organization from Ethical Disasters

Ethical misconduct disasters constitute serious costly risks to the continuity and survival of a business. Regular headlines reveal that breakdowns of integrity collectively cost businesses billions of dollars in litigation, fraudulent financial acts, increased costs, fines, reputation and image damage, customer/client trust, lost sales and recovery costs, and potentially land senior management in prison. No company is immune from these threats.
http://www.novarete.com/blog/5-nuggets-protect-organization-ethical-disasters/12/2015
If after reading the "Five Nuggets" you'd like to read the entire article, here's its link:
https://gbr.pepperdine.edu/2010/08/avoiding-ethical-misconduct-disasters/


6. The Legal Impact of Homeland Security on Business

Homeland Security means managing and preparing for emergencies. Similarly, businesses either prepare for the worst disasters or attacks or suffer the consequences. This chapter evaluates the legal issues related to planning for, responding to, and recovering from homeland security incidents and does so in a way that business leaders can act from and apply.
https://goo.gl/CEu9jp


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