Third-Party Service Provider

News & Analysis as of

Probability, Manipulation, And Random Drug Testing

Many employers — particularly, those in the transportation industry — use third party vendors to do the random selections for federally mandated drug and alcohol tests. I think it’s a great idea, because it prevents employees...more

Cybersecurity: Integral to Overall Risk Management for Insurers and TPAs

Recent data breaches have brought cybersecurity to the attention of insurance companies, and serve as a reminder to third party administrators ("TPAs") that cybersecurity issues are a serious compliance and regulatory...more

FCPA Compliance and Ethics Report-Episode 157-Training of Third Parties Under the FCPA [Video]

In this episode I discuss the training of third parties under the FCPA. I review the DOJ/SEC FCPA Guidance on this issue; the risk ranking of third parties to help deliver your training; the types of training you can utilize...more

Rapid Developments in State Student Privacy Laws

In 2014, at least 16 states enacted laws regulating the privacy of student information. The trend is continuing in 2015, as at least 165 state student privacy bills have been introduced thus far, six of which have already...more

Advisors Advantage - May 2015

In This Issue: - For Retirement Plan Providers, It's All About Making A Connection - DOL Proposes New Fiduciary Rule - My support for a Fiduciary Rule - Stick to what you know - Complacency is a plan provider...more

Employers Beware: You Cannot Always Trust Third-Party Provided Background Check Disclosure Forms

Does your company run background checks on its employees? Do you pay a third-party to run the reports and trust them to get it right? You may not be as safe as you think you are. Just ask Whole Foods, Paramount...more

Trends in Litigation Support Outsourcing

The rising costs of legal services, continuing growth of Big Data, and budget pressures have popularized legal process outsourcing over the last two decades. This can take the form of outsourcing back office functions such as...more

Questioning Due Diligence Questionnaires — Keeping It Simple

Third Party questionnaires are a standard part of any due diligence process. They are emailed to the potential third-party business partner, filled out and sent back, or the third-party enters the information through an...more

Reinventing Compliance Program Metrics

One of many pet peeves I have in the compliance space is the lack of creativity in compliance program measurement. Chief Compliance Officers have to take a fresh approach to this issue....more

Student Privacy In Online Educational Services

The commercial use of data mined by providers of online educational services, such as Internet homework portals, digital grade books for teachers, and student e-mail programs, continues to be a hot topic on numerous fronts. ...more

New York’s DFS Reports on Third-Party Cyber Security

Why it matters - A new report released by New York’s Department of Financial Services (DFS) detailed the vulnerabilities found in the relationships that many financial institutions have with their third-party vendors....more

New York Regulator Finds Substantial Cyber Vulnerabilities in Banking System

Earlier this month, Benjamin Lawsky, Superintendent of Financial Services for the New York State Department of Financial Services (NYDFS), released a report finding “significant potential” vulnerabilities for cyber theft of...more

New York State Department of Financial Services Publishes Survey Results on Banking Industry Third-Party Service Providers and...

The New York State Department of Financial Services (NYDFS) recently published the results of its cybersecurity survey of more than 150 regulated small, medium, and large banking organizations. The survey asked for...more

Title Insurance Regulatory and Legislative Update - April 2015

Title Guaranty Fund Guidelines Adopted: The Title Insurance Task Force met at the NAIC Spring National Meeting in Phoenix, Arizona and adopted the “Title Insurance Guaranty Association-Title Insurance Consumer Protection Fund...more

Is Hosting Microsoft Products via Third Parties a Good Option?

Scott & Scott, LLP attorney, Christopher Barnett,, helps you answer whether hosting Microsoft products through third parties is a good option for your company....more

New York Department Of Financial Services Says Banks’ Security Oversight Of Vendors Is Inadequate

On April 9, 2015, the New York Department of Financial Services (“NYDFS”) issued a report entitled Update on Data Security in the Banking Sector: Third Party Service Providers (the “Report”). The Report details findings of a...more

NYDFS Cyber Security Report Shows Vulnerabilities in Banks’ Third-Party Vendors

On April 9, the NYDFS released a report finding potential cyber security vulnerabilities with banks’ third-party vendors, based on a survey of 40 banking organizations regarding the cyber security standards in place for their...more

Report Highlights Bank Vendor Cybersecurity Vulnerabilities

On April 9, the New York State Department of Financial Services (NYDFS) released a report on bank vendor cybersecurity that highlights the risk that hackers will use third-party service providers to gain access to bank data....more

Bridging the Week - April 2015 #2

IOSCO Seeks Views on Business Continuity and Recovery Planning by Trading Venues and Intermediaries; NYS Warns on Third-Party Service Providers - The International Organization of Securities Commissions issued two...more

New York Agency’s Report Focuses on Data Vulnerability of Banks’ Third-Party Vendors

The New York State Department of Financial Services (NYDFS) recently issued a report identifying common cybersecurity issues and concerns caused by the failure of some banks to sufficiently manage vulnerabilities posed by...more

Spotlight on Vendor Management: Interpreting CFPB Guidance and Enforcement Actions

In April 2012, the Consumer Protection Financial Bureau issued Bulletin 2012-03, a guidance document setting forth the CFPB’s high-level expectations related to the engagement of third party service providers by supervised...more

Have You Checked Your Vendor Agreements Lately?

In April 2012, the CFPB released a bombshell on financial institutions – not only could they be held responsible for any violations of consumer protection laws, but now they could also be held responsible for the actions of...more

The Fifth Circuit Shifts the Risk of Doing Business with Fraudulent Enterprises to Trade Creditors

When a debtor pays the market cost for goods and services provided to it by third-party vendors, these payments normally cannot be recovered as fraudulent transfers in the U.S. That is because the debtor receives reasonably...more

Regulatory Blue Pencil: CFPB Guidance, Enforcement Actions Signal Expanding Focus on Vendor Management

In April 2012, the Consumer Protection Financial Bureau (the ‘‘CFPB’’ or ‘‘Bureau’’) issued Bulletin 2012-03 (the ‘‘Service Provider Bulletin’’), a guidance document setting forth the CFPB’s high-level expectations related to...more

Court Grants Summary Judgment to Plaintiff Class in Blast Fax Case, Awards More Than $22 Million in Statutory Damages

In September, we reported that a court in the District ofNew Jersey denied the defendants’ motion for summary judgment in a “fax blast” class action, concluding that the defendants could be directly liable under the TCPA for...more

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