Risk Management

News & Analysis as of

Nutter Bank Report, June 2016

The Nutter Bank Report is a monthly publication of the firm's Banking and Financial Services Group. Headlines 1. Agencies Publish Proposed Rule to Limit Incentive-Based Compensation Arrangements 2. Guidance on New...more

6 Ways to Help Clients Avoid a Data Breach

It is not “if” but “when” your client will be the victim of a data breach. But despite the growing risks and many high-profile breaches, there are still businesses that are woefully underprepared. Here’s how you can help your...more

Responding to uncertainty

If there is one thing that can be agreed on after the Brexit vote, it is that there is a lot of uncertainty. And this uncertainty not only affects Britain, it affects each and every company doing business in Britain, and in...more

US Federal Financial Institutions Examination Council Issues Statement on Cybersecurity of Interbank Messaging and Wholesale...

The US Federal Financial Institutions Examination Council issued a statement to remind financial institutions to actively manage risks associated with interbank messaging and wholesale payments networks in light of recent...more

US Board of Governors of the Federal Reserve System Issues Guidance for Assessing Risk Management at Institutions with Less Than...

The Federal Reserve Board issued supervisory guidance for supervised institutions with total consolidated assets of less than $50 billion for assessing risk management. The guidance notes that sound risk management principles...more

Best Practices For Implementing Internal Security Controls

Many security risks can be avoided or mitigated by implementing sufficient internal security controls which are tailored to the organization’s size, needs, and specific industry. The Federal Trade Commission (“FTC”) sets...more

UK Financial Regulatory Developments - June 2016 #17

ECB publishes governance and risk management review - ECB has published the results of a thematic review that resulted from an in-depth assessment of all significant institutions across the euro area. The review looked...more

Be Prepared for the New World of Chemical (and Product) Management and Regulation

The nation’s primary law for managing chemicals, from manufacture to their use in a wide array of consumer and commercial products, is set for a fundamental transformation now that Congress has passed, and President Obama...more

Toxic Substances Control Act: Past, Present and Future

The Toxic Substances Control Act (TSCA) was enacted on October 11, 1976 to regulate certain chemical substances and mixtures being used in interstate commerce. 15 U.S.C. § 2601, et seq. TSCA delegated enforcement authority to...more

FFIEC Warns of Cyber Attacks

The Federal Financial Institutions Examination Council (FFIEC) reiterated the importance of banks protecting themselves from cyber attacks in a newly issued statement, urging financial institutions to "actively manage the...more

House Homeland Security Committee Holds Hearing On 2015 Cybersecurity Act

On June 15, 2016, the House Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies held a hearing to examine industry perspectives on the implementation of the Cybersecurity Act...more

Defining the Contours of Cyber Coverage for Data Breach: a Warning in Arizona

A year ago in this space, we looked at the receding wave of coverage litigation regarding whether various cyber-related exposures were covered under traditional policies, such as CGL and professional liability policies. ...more

International Maritime Bureau warns of cyber attacks

Following the issuance of Plymouth University Maritime Cyber Threats Research Group study on the risk of cyber threats, the International Maritime Bureau (IMB) recently issued a warning to shipping and maritime companies to...more

Is The Most Frightening Cyber Trend Numbness Leading to Complacency?

Today’s new cyber world necessitates protection of what is most important to you. The cyber landscape continues to change on a near daily basis and shows no signs of slowing. K2 Intelligence’s Jeremy Kroll and Austin...more

The UK has voted to leave the EU: What now?

The British public have voted that the UK should leave the EU. The EU Referendum vote (the Leave Vote) does not by itself result in an automatic UK exit from the EU. The EU Treaty provides for a framework for a...more

FAA’s New Rules for Small Unmanned Aircraft

Since the Federal Aviation Administration issued its proposed rules for small Unmanned Aircraft Systems (UAS) in February of 2015, the industry has been eagerly waiting to learn what the final rules will be. On Tuesday, June...more

President Obama Signs Major Overhaul of TSCA Changing the Way The EPA Regulates Toxic Substances In Commerce

President Obama just signed a bill amending the Toxic Substances Control Act (“TSCA”), changing the way the EPA regulates chemicals. For the last 25 years, the EPA has regarded TSCA’s principal control provision as unworkable...more

The Lawyers' Lawyer Newsletter - Recent Developments in Risk Management - June 2016

Disqualification — Substantially Related Matters — Waiver of Conflict by Lack of Diligence in Seeking Disqualification - State of Minnesota, et al v. 3M Company, Hennepin County (Minn.), Court File No. 27-CV-10-28862...more

OCR Warns of HIPAA Risks in Third-Party Apps

The U.S. Department of Health and Human Services Office for Civil Rights (OCR) recently issued a warning regarding vulnerabilities in third-party applications used by entities covered by HIPAA. The OCR warning applies...more

Amendments Strengthen Toxic Substances Control Act

President Obama's signing of amendments to the Toxic Substances Control Law sealed a welcome effort to overhaul the 40-year-old Toxic Substances Control Act (TSCA). The amendments were spurred on by a rare bipartisan...more

Updated Guidance on the Cybersecurity Information Sharing Act of 2015

Action Item: On June 15, 2016, the U.S. Department of Homeland Security (“DHS”) and the U.S. Department of Justice (“DOJ”) jointly issued a notice announcing the availability of the Cybersecurity Information Sharing Act of...more

Next on the SEC regulatory agenda: a chief valuation officer?

First, the Securities and Exchange Commission required funds to designate a chief compliance officer. Then, the SEC proposed that funds designate a liquidity risk manager, and after that, a derivatives risk manager. Can a...more

What’s in the Envelope? Do You Need to Worry?

Real estate investment involves many risks that real estate investment managers and owners are familiar with. These range from “micro” risks, such as tenant disputes and defective property maintenance to “macro risks” such as...more

[Webinar] How do I Demonstrate the Advantages of an Automated Third Party Due Diligence System to Senior Leadership? - July 8th,...

Join NAVEX Global and a group of your peers for a short session where we’ll answer your questions and share solutions about third party due diligence and risk management software....more

Orrick's Financial Industry Week in Review

SEC Adopts Trade Acknowledgment and Verification Rules for Security-Based Swap Transactions - On June 8, 2016, the Securities and Exchange Commission publicized the implementation of "rules that will establish timely and...more

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