Solutions for General Corporate Risk
eMag can help you rapidly identify relevant content for litigation, investigations, and regulatory response projects, develop proactive strategies around information management, thus reducing business risk and promoting legal preparedness. eMag Solutions is your partner to shrink costs, reduce risk, and eliminate uncertainty.
Using eMag’s proprietary software and service offerings, corporations have a worldwide, single-source provider to rapidly identify relevant content for litigation, investigations, and regulatory response projects, thereby preserving valuable time and money for case strategy and preparation. Our flexible architecture offers the performance, reliability and scalability required to successfully respond during time-sensitive and complex projects. We also offer proactive solutions to solidify business processes and policies around information and records management, developing retention policies to minimize the risk of non-compliance issues, limiting organizational exposure, and shrinking costs when litigation arises.
eMag offers programs to help collect, organize, and review data from departing employees, to limit organizational exposure and prevent loss of confidential information/intellectual property/strategic data when key individuals exit the corporation. Our Departing Employee Data Capture program also minimizes risks around retaliatory lawsuits from employees who have been involuntarily terminated, providing legally admissible evidence to demonstrate what activities did or did not occur prior to termination.
Compliance
eMag Solutions offers general proactive strategies for the management of data to ensure compliance with all governing regulatory requirements at the federal, state, and local levels. eMag offers a variety of solutions to help respond to regulatory requests and maintain compliance with prevailing local, state, and federal regulations, such as: Sarbannes-Oxley Act, Hart Scott Rudino Act, and others.
eMag will work with representatives in your organization from legal, IT, Finance/Accounting, Human Resources, and Data Security to ensure that your organization is fully apprised of relevant regulatory bodies, statutory obligations, and maintains compliance with all requisite obligations.
Compliance Issues eMag can help you address:
Sarbannes-Oxley Act
The Sarbanes-Oxley Act of 2002 is mandatory. ALL organizations, large and small, MUST comply.
Section 302: Periodic statutory financial reports are to include certifications that the signing officers have reviewed the report, the report does not contain any material untrue statements or material omission, the financial statements and related information fairly present the financial condition.
Section 401: Financial statements are published by issuers are required to be accurate and presented in a manner that does not contain incorrect statements. Section 404: Issuers are required to publish information in their annual reports concerning the scope and adequacy of the internal control structure and procedures for financial reporting.
Section 409: Issuers are required to disclose to the public, on an urgent basis, information on material changes in their financial condition or operations.
Section 802: This section imposes penalties of fines and/or up to 20 years imprisonment for altering, destroying, mutilating, concealing, falsifying records, documents or tangible objects with the intent to obstruct, impede or influence a legal investigation.
Hart-Scott-Rudino Act
An antitrust regulation requiring any investor seeking to acquire either a 15% stake or a stake valued at more than $15 million in a particular security to file a notification with the federal government. The filing marks the beginning of a 30 day review period. 2000 Amendments raised the reporting threshold to a minimum of $50 million.
The Robinson-Patman Act (Anti-Price Discrimination Act) of 1936
United States federal law that prohibits anti-competitive practices by producers, specifically price discrimination. In general, the Act prohibits sales that discriminate in price on the sale of goods to equally-situated distributors when the effect of such sales is to reduce competition. Sales to original equipment manufacturers (OEM) are not subject to RPA.
Additional Compliance Issues to Consider:
FASB (Financial Accounting Standards Board)—Statements and interpretations, staff positions, technical bulletins, special reports, implementation guides and related proposal-stage literature. Plus, Accounting Research Bulletins and APB Opinions.
AICPA (American Institute of Certified Public Accountants)—Statements of Position, Audit and Accounting Guides, Practice Bulletins, Accounting Interpretations, Issues Papers.
SEC (Securities and Exchange Commission) Rules—Rules, regulations and releases of the 1933 and 1934 Acts, Financial Reporting Releases, Accounting and Auditing Enforcement Releases, Staff Accounting Bulletins, Staff Legal Bulletins, Staff speeches, SEC releases of final and proposed rule changes, including Sarbanes-Oxley mandated SEC proposed and final rules.
EITF (Emerging Issues Task Force)
PCAOB (Public Company Accounting Oversight Board)—Rules and regulations (proposed and final).
IASB (International Accounting Standards Board)—Accounting standards and related proposal-stage literature.
Key service offerings for minimizing general corporate risk:
Retention Policy DevelopmentDeparting Employee Data Capture Program
Data Restoration from Tape or Any Other Media
Data Recovery from Tape, Hard Drive, Optical, or Any Other Media
E-Mail Processing
Tape Stacking & Archiving
View a complete list of our Services.