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Deadline to Comply with New York's Cybersecurity Regulation Is Approaching

by Jones Day on

For entities regulated by the New York Department of Financial Services, the deadline for complying with the new Cybersecurity Requirements for Financial Services Companies, 23 NYCRR Part 500, is Monday, August 28, 2017. To...more

Cyber Claims in Mexico: A Reactionary Evolution of an Insurance Sector

by Zelle LLP on

In the wake of numerous cross-border, well-publicized cyber-attacks, cyber-insurance has quickly become a hot issue. This area has also become a trending topic because of the abrupt and quick need for response in a generally...more

NAIC Cybersecurity Working Group Votes to Approve Insurance Data Security Model Law

by Carlton Fields on

The National Association of Insurance Commissioners (NAIC) Cybersecurity (EX) Working Group (Cybersecurity WG) approved Version 6 (Finalized) of its Insurance Data Security Model Law (Model) on August 7 at the NAIC Summer...more

District Courts Buck Trend on Fidelity Coverage for Social Engineering and Business Email Compromise Schemes

by Carlton Fields on

The FBI continues to warn that losses are on the rise from business email compromise (BEC) or “social engineering” schemes, which the Bureau describes as: Carried out by transnational criminal organizations that employ...more

Are You Ready for the New York August 28th Compliance Deadline?  

If you are one of the many businesses licensed by the New York Department of Financial Services (DFS), and cannot avail yourself of the (very) limited exemptions, you must be ready for the first compliance transition date for...more

DFS Cyber Regulation Countdown: Who Should Certify Compliance?

Companies subject to New York’s Department of Financial Services (DFS) new cybersecurity regulation should be preparing to comply with the first round of requirements by the upcoming August 28th deadline: enacting a...more

Connecticut Insurance Department Issues Bulletin on Data Security Requirements

We previously outlined the requirements of the Connecticut data breach law when it was amended in 2015, including the requirement to implement a comprehensive information security program (CISP)....more

A Guide to NYDFS Cybersecurity Regulations’ August 28 Implementation Deadline

by Hogan Lovells on

As a follow-up to our previous reports (December 30, 2016 Alert; February 24, 2017 Alert) regarding the cybersecurity regulations issued by the New York State Department of Financial Services (NYDFS), we would like to remind...more

Cyber Insurance Primer

by Butler Snow LLP on

The number of reported U.S. data breaches tracked through June 30, 2017 hit a half-year record high of 791. This represents a significant jump of 29% over 2016 figures during the same time period. At this pace, it is...more

A “palliative” approach to insolvency in the retail world?

by Morrison & Foerster LLP on

The retail sector is in the midst of a deeply disruptive shift as online shopping increasingly puts its long-term future in peril. Howard Morris, head of the business restructuring and insolvency group at Morrison & Foerster...more

New Connecticut Insurance Department Bulletin on Data Security Requirements

by Polsinelli on

Connecticut Bulletin MC-23. The Connecticut Insurance Department issued Bulletin MC-23 on June 13, 2017. The Bulletin addresses certification and notice requirements for data security requirements applicable to TPAs and PBMs...more

Forging ahead: US M&A H1 2017: Fintech forces the fate of US financials

by White & Case LLP on

Banks and insurers turn to M&A, as technology transforms how financial services are purchased and used - The financial services sector recorded 212 deals worth US$38.6 billion in H1 2017, a 42.4 percent uptick in value...more

Cyber Insurance: Get What You Pay For              

by Fisher Phillips on

Due to the increasing number of successful and attempted cyber-attacks and increased government scrutiny surrounding protection of confidential information, companies cannot ignore the various risks associated with potential...more

D.C. Circuit Reverses Data Breach Class Action Dismissal on Standing Grounds

by Ballard Spahr LLP on

The U.S. Court of Appeals for the D.C. Circuit has reinstated a data breach class action filed against CareFirst BlueCross BlueShield (CareFirst). The lawsuit stems from a June 2014 data breach in which hackers infiltrated 22...more

The Many Cyber Exclusions Within D&O Policies

by GB&A Insurance on

Despite all of the large scale hacks and cyber related headlines, cyber security litigation itself remains in its infancy. Case law is sparse, and policy language is slowly beginning to adapt itself to modern risk. In the...more

What Is so Important About Blockchain?

by Carlton Fields on

It seems everyone today is talking about blockchain and cryptocurrencies. In this podcast, you're going to hear from David Adams, Matthew Kohen, and Justin Wales, who consult on these exciting emerging technologies....more

Special Purpose National Bank Charter for FINTECH Firms

by Carlton Fields on

The office of the Comptroller of the Currency (OCC) published a draft supplement to its licensing manual, to define and tailor the requirements for FINTECH companies that apply for special purpose national bank charters. This...more

FINRA Issues New Guidance on Social Media and Digital Communications

by Carlton Fields on

In April, FINRA issued Regulatory Notice 17-18, which reiterates previous rules and provides additional guidance regarding the application of several key rules governing communications with the public to digital...more

Blockchain: The Policyholder Plan for Smart Insurance Policies

Insurers’ exploration of distributed ledger technology (DLT), commonly referred to as blockchain, continues to expand. Last month, AIG announced a partnership with IBM and Standard Chartered Bank P.L.C. to test a “smart...more

Colorado Set to Regulate Cybersecurity Practices of Broker-Dealers and Investment Advisers

by Carlton Fields on

On May 15, Colorado became the latest state to publish major regulations tackling cybersecurity in the financial services industry when the Colorado Division of Securities released amendments to existing division rules...more

Cybersecurity: Spear Phishing Covered Under Insurance Policy Where Code Manipulated

by Bennett Jones LLP on

Increasingly, insureds faced with cyber fraud losses are going to the courts to interpret their policies. In The Brick Warehouse LP v. Chubb Insurance Company of Canada, 2017 ABQB 413 [The Brick Warehouse], and in Taylor &...more

Eleventh Circuit to Weigh in on ‘Business Email Compromise’ Coverage Under Fidelity Bond

by Carlton Fields on

Banks have historically been at the forefront of technological advances in commerce. So it should be no surprise that they and other financial institutions were also among the first to suffer losses related to computer fraud...more

Future of Insurtech: Opportunities and Challenges

The emerging insurance tech (“insurtech”) industry is growing at breakneck speed. While in 2011 insurtech startups received $140 million in funding from 28 total deals, investment increased more than tenfold in 2016, with...more

How To Protect Your Company From Cyber Regulatory-Enforcement: Part 2

by GB&A Insurance on

Experiencing a security breach is a bit like being on the titanic and feeling the tremble from hitting an iceberg. The impact sparks immediate panic - you know something very bad has just happened but are unsure whether the...more

Court Holds Crime Policy Covers Business Compromise Email Loss

The “business compromise email” is what the FBI calls the “$5 billion scam,” but apparently an insurance company did not agree with an insured company that they had been the victim of a crime....more

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