Risk Management

News & Analysis as of

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

Kansas Amends Concealed Carry Law for Public Employers

On July 1, 2016, the Kansas concealed carry law will change. A public employer may no longer prohibit an employee from carrying a concealed handgun on the job. In addition, a municipality must now have adequate postings,...more

Federal Reserve Updates Risk Management Supervisory Guidance for Smaller FBOs

On June 8, 2016, the Federal Reserve updated its Supervisory Guidance that partially supersedes SR letter 95-51, “Rating the Adequacy of Risk Management and Internal Controls at State Member Banks and Bank Holding Companies.”...more

The Chemistry Was Right For TSCA Reform

In a rare bipartisan effort, Congress overwhelmingly passed a bill significantly reforming the chemical safety provisions of the Toxic Substances Control Act (“TSCA”) for the first time in its forty-year history. The Frank...more

Fight against corruption in the healthcare sector

On 4 June 2016, new criminal provisions to contain corruption in the health sector have been entered in force. It is recommendable to review forms of cooperation between pharmaceutical companies and medical device...more

New Incentive-Based Compensation: Proposed Rules for Financial Institutions

A group of financial regulatory agencies has released for comment revised proposed rules under Section 956 of the Dodd-Frank Act Wall Street Reform and Consumer Protection Act. The rules provide for regulations and guidelines...more

The Use of Drones in the Construction Industry: Are You Prepared?

Action Item: Anyone in the construction industry who is using drones in their business (or allowing contractors to use drones on their property) must be aware of the applicable laws and regulations, and should also check on...more

Blog: European Commission publishes consultation on Financial Conglomerates Directive – change is on its way

The European Commission has published a brief consultation on the Financial Conglomerates Directive, and the Delegated Regulation made under it. The Commission is using the consultation to gather the evidence it needs to...more

5 Practice Tips for Law Firms as Data Breach Spotlight Swings Their Way

While data breach incidents affecting the entertainment, retail, healthcare, and financial industries have garnered more attention in past years, the data breach spotlight recently shifted to law firms. ...more

Congress Passes Amendments to TSCA

Recent Congressional approval of amendments to the Toxic Substances Control Act (“TSCA”) will soon impact chemical regulation in the United States. The new legislation, the “Frank R. Lautenberg Chemical Safety for the 21st...more

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