Third-Party Service Provider

News & Analysis as of

Mobilizing on Mobile Apps: The FTC’s Comment to the CFPB Signals its Priorities

In recent months, the Federal Trade Commission (“FTC”) has been steadily ramping up its efforts to monitor, regulate, and provide best practice guidance in the rapidly expanding field of mobile applications. On September 10,...more

Russian Joint Stock Companies Will be Required to Have a Professional Registrar Starting from October 2014

By October 2, 2014, all Russian joint stock companies (both open joint stock companies and closed joint stock companies) that maintain their own shareholder registers must transfer their registers to professional registrars. ...more

FATCA Violation Underlies Latest US Tax and Securities Fraud Charges

Indictment demonstrates the strength of US law enforcement efforts to combat offshore fraud and is the first to charge a FATCA violation. On September 9, 2014, in US v. Robert Bandfield, et al., federal prosecutors in...more

CFTC Permits Additional Third-Party Recordkeepers for Registered CPOs

The Division of Swap Dealer and Intermediary Oversight (DSIO Staff) of the U.S. Commodity Futures Trading Commission (CFTC) issued exemptive relief on September 8, 2014 to permit a registered commodity pool operator (CPO) to...more

FTC Final Orders with Fandango and Credit Karma Provide Guidance on Mobile App Security

In August 2014, the Federal Trade Commission (“FTC”) approved final orders resolving its actions against Fandango, LLC (“Fandango”) and Credit Karma, Inc. (“Credit Karma”) for allegedly misrepresenting the security of their...more

Retirement Plan Professionals That Plan Sponsors Should Avoid

In the Nelson Algren novel, A Walk on The Wild Side, there are 3 important rules of life to follow: “Never play cards with a man called Doc. Never eat at a place called Mom’s. Never sleep with a woman whose troubles are worse...more

Cybersecurity and Data Privacy in Business Transactions

In This Presentation: - Data Breaches: By the numbers - Costs of Data Breach - Cybersecurity Considerations in Business Transactions - Cybersecurity in M&A Transactions - Cybersecurity –...more

FCA guidance for firms thinking of using third-party technology (off-the-shelf) banking solutions

The Financial Conduct Authority has published a document setting out a list of points for financial services firms to consider when preparing for and evaluating third-party technology banking solutions. Where a...more

New Washington Rule Clarifies Authority to Issue Penalties Against TPAs

The Washington State Department of Health has promulgated a new rule clarifying the Department's authority to issue civil penalties against health carriers and third-party administrators. This rule, which is outside the...more

Holder Vows To Continue Operation Choke Point; House Considers Bill To Stop It

Depending on whom you ask, Operation Choke Point has a promising future ahead of it – or will soon be history. The controversial initiative by the Department of Justice (DOJ) is intended to limit certain lenders and...more

10 Characteristics of an Ideal Managed Services Provider

In our last post, we considered internal factors that organizations should evaluate when deciding whether and how to allocate responsibility for e-discovery between in-house and external resources. However, as they choose the...more

OSPs: Are You Sure You Are Safely Within the DMCA Safe Harbor?

The Digital Millennium Copyright Act (DMCA), signed into law October 28, 1998, added Section 512 to the US Copyright Act limiting the liability of online service providers for copyright infringement. Basically, the law...more

Policyholders are Exposed to Cyber-Risk from Their Third Party Contracts

The use of third party technology service providers has become widespread and commonplace in all industries. Technology services like “cloud” data storage providers and software as a service (SaaS) allow companies of all...more

"SEC Issues New Guidance for Investment Advisers Regarding Use of Social Media Testimonials"

On March 31, 2014, the Division of Investment Management (the “Division”) of the Securities and Exchange Commission (the “SEC”) issued long-awaited guidance regarding investment advisers’ use of public commentaries on social...more

Kodak Lives: New Jersey Jury Finds Antitrust Violation in the Aftermarkets for Maintenance of Avaya Products

On March 27, 2014, a New Jersey federal jury found that Avaya, Inc. (“Avaya”), a leading manufacturer of enterprise telephone systems, violated the federal antitrust laws by trying to eliminate competition from independent...more

Comptroller Curry Takes Vendor Management Message To Third-Party Providers

On April 16, Comptroller of the Currency Thomas Curry spoke to attendees of the Consumer Electronics Show Government Conference, taking his concerns about banks’ vendor relationships and cybersecurity risks to potential...more

Offshore Fund-Related Litigation

Litigation against directors, officers and professional service providers, following the collapse of offshore funds and collective investment schemes such as Madoff and Weavering, continues to proceed in a variety of...more

Alabama Medicaid: The Move To A Managed Care Program (Part II)

This is Part II of a two-part series on the new Medicaid structure in Alabama. Part I of the series, which was published last month, discussed organizational and operational requirements of RCOs. This Part II will discuss the...more

Prudential Regulators Announce Coordinated Action Against Technology Service Provider

Recently, the OCC released a formal agreement it entered with the FDIC, the Federal Reserve Bank of St. Louis, and a banking software company to resolve allegations of unsafe and unsound practices relating to the software...more

Contract Provisions Concerning Privacy & Security Compliance

Managing data security and privacy is becoming an increasingly larger part of a company’s risk portfolio, especially as it relates to transactions with third parties Brian Von Hatten, Scott & Scott, LLP attorney, suggests...more

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