Building a roadmap in a complex regulatory environment.
Businesses today are under more regulatory scrutiny than ever before. Facing pressure from across jurisdictions, sectors, and operational levels, organizations are recognizing the importance of integrating regulatory compliance in their business strategy.
At TMO Consulting, we help our clients in all types of regulatory situations, from building cases for disputes, negotiating terms with regulators, and effectively communicating with antitrust authorities. Our Advisory team draws on their deep industry experience and knowledge to help our clients in every stage of the regulatory compliance lifecycle, from developing an initial compliance plan to handling potential investigations. Our services in this area include:
- Securities Litigation
- National Security/CFIUS
Credibility you need. Experience you trust.
TMO Consulting provides independent monitor services to ensure that organizations are in compliance with laws, regulations, consent judgments, and/or settlement agreements. Our professionals provide independent review or oversight and, where appropriate, conduct investigations of suspected inappropriate behavior – all with minimal disruption to the businesses involved.
Our professionals have years of experience working on large, complex, and high-profile engagements, including Monitorships and Independent Evaluations/Examinations related to:
- Western Union
- National Mortgage Settlement
- Residential Mortgage-Backed Securities (RMBS) Settlements
- The Gulf Coast Claims Facility
- The Jacob K. Javits Convention Center
- New Century Financial Corporation
- AOL-Time Warner
In addition to offering the highest levels of credibility with the DOJ, SEC, Federal Reserve, CFPB, and other regulators, our professionals are supported by the resources of one of the world’s largest accounting and advisory networks. Our comprehensive service offerings are capable of meeting the needs of companies of all sizes, in the United States or abroad.
- Voluntary monitorships
- Regulatory agency-mandated oversight
- Court-mandated monitorships
- Vendor integrity services
- Forensic accounting services
Helping organizations go from scrutiny to settlement.
TMO Consulting helps organizations address a wide range of lawsuits, investigations, and regulatory inquiries. Working with audit committees, boards of directors, officers, and counsel, our professionals have experience addressing complex and high-profile securities litigation matters, including class actions, derivative suits, and criminal investigations. We possess extensive experience presenting our findings to the U.S. Department of Justice, U.S. Securities and Exchange Commission (“SEC”), and other regulatory bodies.
Our professionals employ a variety of advanced electronic-discovery techniques to quickly identify relevant information within large volumes of data. We also utilize advanced analytics, machine learning, artificial intelligence, and visualization to highlight patterns and aberrations, and gain immediate insight. We draft submissions to regulatory bodies, prepare expert reports, and serve as testifying and consulting experts, assisting counsel with all aspects of litigation, including discovery, identifying relevant documents, drafting questions for deponents, and preparing witnesses for testimony.
Our services include:
- Analyzing allegations of fraudulent financial reporting, accounting irregularities, and financial statement restatements
- Investigating accounting transactions
- Investigating alleged financial reporting and disclosure irregularities
- Evaluating the effectiveness of internal controls
- Performing forensic accounting analyses
- Developing analyses of potential liability and damages, and assisting in negotiating favorable settlements
- Assisting counsel in drafting court filings and documents
- Drafting court filings and documents
- Leveraging defensible methodologies through Forensic Technology Services
- Understanding local data privacy and security requirements with E-Discovery services
Innovative solutions for complex regulations.
TMO Consulting assists organizations in meeting national security requirements set by the Committee on Foreign Investment in the United States (CFIUS) during cross-border mergers and acquisitions. We offer support to companies, both foreign and domestic, in all stages of CFIUS preparation, submission, and review. From helping clients in their process improvement, to maintaining compliance for national security purposes, to acting as Independent Third-Party Auditors, Monitors, and Escrow Agents, TMO Consulting employs proven methodologies and innovative technologies through each stage of the CFIUS process.
TMO Consulting’s team members have deep experience addressing complex CFIUS requirements and regulatory compliance criteria. In every engagement, TMO Consulting leverages that experience, serving virtually every industry related to U.S. National Security Assets and U.S. Critical Infrastructure. Our team has been actively engaged on various significant CFIUS matters in the areas of telecommunications, aerospace and defense, oil and gas, financial services, critical manufacturing, and information technology.
Our services include:
- Experience and understanding of National Security concerns and government agencies’ focus
Performing Independent Third-Party compliance audits, Monitorships, and acting as Escrow Agents when requested
- Developing governance models for systems, processes, and controls that protect national security interests
- Developing mitigation assessment models including security plan implementation and pre-audit evaluation components
- Assessing internal controls, including physical and logical access, vulnerability testing, and network and infrastructure segregation
- Evaluation of source code through manual and automated comparison tools for mitigation against possible system failure, security vulnerabilities, and security threat analysis
- Assisting with CFIUS negotiation strategy, including organizational, operational and financial impact studies.
- Implementing practices to achieve Cybersecurity Maturity Model Certification’s (CMMC) maturity levels and assistance in navigating through regulation mapping, gap analysis, and risk assessments.
Gaining compliance while mitigating risk.
The requirements from the New York Department of Financial Services (NYDFS) go beyond what we’ve historically seen from regulators. It is a rigorous, first-in-the-nation regulation for financial institutions. Banks, insurance companies, and companies that do business in New York must, among other things, assess their cyber risks, implement a comprehensive, written cybersecurity program, and manage the cyber risks of their third-party vendors. The groundbreaking regulation holds company board members personally liable for annual compliance certification.
Additionally, the NYDFS issued its final regulation related to the Bank Secrecy Act (BSA), Anti-Money Laundering (AML) transaction monitoring, and the Treasury Department’s Office of Foreign Assets Control (OFAC) filtering and screening requirements. It defines the essential components of monitoring and filtering programs as required by the NYDFS. While many of the requirements are not considered to be new, regulated institutions may find that additional action is necessary to ensure complete compliance, as well as allow senior management or the board of directors to certify annually.
TMO Consulting’s Regulatory Enforcement team is well-versed in the DFS regulation. We help companies – and their boards of directors – both mitigate risk and ensure compliance with all aspects of the DFS regulation including:
- Data governance and classification
- Asset inventory and device management
- Physical security and environmental controls
- Third-party vendor management
- Board education