Issue 27: Aping Big Hole

Welcome to This Week in GRC, MBK Search 's weekly digest of the news and views in the world of regulation and compliance.

Get the best GRC digest delivered to your inbox every Friday

We are excited to announce that This Week in GRC is now available for free on Substack. Sign up to have the leading weekly digest of the world of GRC delivered to your inbox every Friday.

Sign up here .

The Opening Bell

Who could have possibly predicted this?

Sotheby's auction house has been named as a defendant in a lawsuit filed by investors who regret buying Bored Ape Yacht Club NFTs that sold for highly inflated prices during the NFT craze in 2021.

Sotheby's sold a lot of 101 Bored Ape NFTs for $24.4 million at its "Ape In!" auction in September 2021, well above the pre-auction estimates of $12 million to $18 million. That's an average price of over $241,000, but Bored Ape NFTs now sell for a floor price of about $50,000 worth of ether cryptocrurrency, according to CoinGecko data.

Sometimes a risk assessment can be as simple as saying...

Businesses across Europe face a perfect storm of risks, according to the?Chartered Institute of Internal Auditors ?Risk in Focus 2024 report. We've summarized 5 big takeaways from the report.

The?FDA ?recently released guidance detailing a new Voluntary Improvement Program that utilizes third-party appraisals to assess and enhance medical device manufacturers' practices. We look at 10 of the biggest changes from the 2018 guidance. Read about them here.

• The FDA updated its Breakthrough Devices guidance , clarifying how the expedited pathway can apply to technologies addressing health disparities and improving access. But will the changes significantly broaden its use or set too high a bar?
• “Constrained resources” have been blamed for limited Federal oversight into med-tech device ads, according to a GAO report . With just 322 enforcement actions from 2018-2022, despite a rise in ads, can agencies effectively monitor claims and ensure safety amid competing priorities?
• The FDA also cleared fertility-tracking app Natural Cycles to use wrist temperature data from Apple Watch . By validating quality and pursuing rigorous reviews, can the birth control platform ease access while assuring safety and privacy with this convenient integration?

Can comprehensive reforms save EU device rules that industry says hinder access? MedTech Europe is calling for efficient CE marks, innovation incentives, and consolidated oversight . But will these proposals cure structural flaws or just treat symptoms?

• Facing an energy crisis, Germany now plans to raid its climate transition fund to subsidize industry instead . As the costs of its unrealistic targets become clear, will it be the first country forced to abandon its net zero ambitions?
• Microsoft’s Activision deal looks set to clear its final UK hurdle , with the CMA saying the revised offer opens the door to deal approval.
• Manufacturing giant?3M Corp.?is paying $9.6 million to settle charges that its overseas business units and resellers improperly sold goods into Iran in the 2010s .

In an interview, Paxos CCO Carolina Ceballos describes how the blockchain platform uses compliance as a competitive edge . By employing bank-level AML controls and advising from product inception, can it defy the stereotype of loose oversight in crypto?

• The PCAOB proposes revising auditor liability rules to a negligence standard , arguing recklessness sets too high a bar. But with members wary of unintended impacts, can the change effectively deter misconduct without discouraging accountants from public company work??
• U.S. Treasury Department’s anti-money laundering bureau has released a much-anticipated guide aimed at helping small businesses comply with the beneficial-ownership information (BOI) reporting rule coming into force in January.
• Is it really possible for audit firms to harness technology in a way that enables efficient and effective work in a remote environment? The answer, according to Thomson Reuters, is yes.

Passive voice risks confusing audit reports and obscuring facts, say Sara James and Richard Chambers . Can Internal Auditors inspire action just by using a more active voice in their findings?

• Former SEC chair Jay Clayton proposes mandating big companies detail their China exposure . With tensions rising, can transparent risk reporting arm investors and policymakers? Or might litigation risks and costs outweigh benefits.
• A survey shows nearly 90% of UK councils think inadequate funding drives s114 risk . With service demand their top concern amid economic woes, most will still lend locally. Can prudent investments in IT, housing and net zero outpace storms brewing on the horizon?
• Gary Lynam, director of ERM advisory at Protecht, explores the threats posed by tightening compliance regulations and how risk managers can mitigate them.

Vulnerability researchers serve as digital scouts, identifying flaws before criminals exploit them. By championing ethical disclosure, can organizations like Trend Micro's Zero Day Initiative foster secure coding while overcoming legal hurdles?

In this episode of Harvard Business Review’s Cold Case, HBS's Ariel Stern analyzes how startup Proximie uses mixed reality to enable remote mentoring and assistance during surgery. With the platform scaling globally, how can founder Nadine Hachach-Haram responsibly broaden access to this transformational technology?

At MBK Search, we help firms find world-class talent to build champion GRC teams. We recruit across all regulated industries and sectors in the United States, EMEA, and APAC. Let's start building — visit our website to find out how.?www.mbksearch.com