News & Analysis as of

Vendors

Massachusetts Department of Revenue Adopts a Novel Administrative Position Requiring Large Out-of-State Internet Vendors To...

by Locke Lord LLP on

According to new Directive 17-1 issued by the Massachusetts Department of Revenue, beginning July 1, 2017, all out-of-state internet vendors that in the prior taxable year had greater than $500,000 in Massachusetts sales and...more

Association of Corporate Counsel Develops Model Information Protection and Security Controls for Outside Vendors, Including...

by Jackson Lewis P.C. on

The Association of Corporate Counsel (ACC), which represents over 42,000 in-house counsel across 85 countries, recently released its ACC Chief Legal Officers (CLO) 2017 Survey which found that two-thirds of in-house legal...more

Court Held That Company’s Employee Did Not Owe Fiduciary Duty To Vendor

by Winstead PC on

In E-Learning LLC v. AT&T Corp., the plaintiff provided computer software services to the defendant. No. 04-16-00291-CV, 2017 Tex. App. LEXIS 1726 (Tex. App.—San Antonio 2017, no pet. history). Beginning in 2010, the parties...more

OIG report finds CFPB can strengthen conflict of interest controls related to vendor activities

by Ballard Spahr LLP on

The Office of Inspector General for the Fed and CFPB has issued a report on the results of an evaluation it conducted to determine whether the CFPB effectively mitigates the risk of potential conflicts of interest associated...more

Contract Corner: SaaS Escrow Considerations (Part 2)

by Morgan Lewis on

Picking up where we left off last week, below are some additional distinctions for escrow arrangements in the software as a service (SaaS) context and related customer and vendor considerations....more

Contract Corner: SaaS Escrow Considerations (Part 1)

by Morgan Lewis on

With software as a service (SaaS) offerings here to stay as the preferred technology solution for many key business requirements, we are seeing more and more requests for escrow arrangements involving SaaS solutions....more

Consumer Review Fairness Act Taking Effect

The Consumer Review Fairness Act (CRFA) began to take effect yesterday, March 14, 2017. One aim of the CRFA is to protect consumers’ ability to publicly review services and vendors without being subject to restrictions or...more

Cloudbleed: Three Risk Management Lessons Learned 

Recently, a Google researcher discovered a serious flaw with the content delivery network (CDN) provided by CloudFlare. This vulnerability has now become known as Cloudbleed, in a nod to the earlier Heartbleed SSL...more

Your Cyber Minute: The Implications of the GDPR for Cybersecurity [Video]

by Hogan Lovells on

Partner Harriet Pearson and Head of our Privacy and Cybersecurity practice in Europe Eduardo Ustaran discuss the Global Data Protection Regulation and what companies need to know now. ...more

Website Accessibility

by SmithAmundsen LLC on

Website accessibility continues to be a hot topic. Hundreds of businesses throughout the country have been sued in the past few years for failing to have accessible websites. Retail businesses have been the primary target;...more

Bad System Conversion Leads to CFPB Consent Order for Prepaid Card Provider and its Vendor

The CFPB continues to flex its muscle and expand its reach, this time punishing a prepaid card provider and its vendor for a conversion to a new system that did not go as planned. The consent order, which was entered into...more

[Webinar] Past Performance Primer - March 2nd, 12:00pm Central Time

by Thompson Coburn LLP on

In selecting winning vendors, federal, state and local governments have typically looked at past contract performance information as part of their overall evaluation processes. Vendors that have a history of performing well...more

Updated VAT 404 Guide

by Hogan Lovells on

On 24 January 2017, the South African Revenue Service issued an updated Guide to Vendors (VAT 404, the Guide) that includes...more

“But Our Vendor Handles Everything — How Can We Still Have Fiduciary Liability?”

by Foley & Lardner LLP on

As the rules governing retirement and health plans grow more complex, employers often need professional help in order to keep up with the day-to-day management of the employee benefit plans they sponsor. From third-party...more

Vendor Management Programs – Putting Together Your Dream Team

by Zelle LLP on

Insurance professionals are the recipients of added pressures to streamline processes in an effort to maximize results. Nowhere is this more palpable than in Latin American where the way “it is has always been done”...more

New Jersey Tax Court Clarifies Sales Tax on Software

by Reed Smith on

The New Jersey Tax Court recently issued a decision concluding that pre-written software sold on tangible media was tangible personal property for New Jersey sales tax purposes. Notwithstanding this decision, most business...more

What are you doing to prevent a data breach

by Fox Rothschild LLP on

A broker-dealer recently agreed to pay a $650,000 fine after an OSJ’s cloud vendor failed to adequately protect customer information. Apparently, an outside hacker was able to gain access to non-public personal information...more

U.S. Navy Announces Breach of 134,386 Sailors’ Information from Laptop of Vendor

The U.S. Navy has revealed that it has been notified by one of its vendors that a laptop of the contractor was the source of a data breach that compromised the names and Social Security numbers of 134,386 current and former...more

Coordinating Third Party Due Diligence and Procurement

by Michael Volkov on

Third party risk management is easily one of the most challenging risks for compliance officers. With all the attention and hype surrounding third party risk, companies have marshaled attention and resources to mitigate the...more

Got Vendors? Guidelines for Third-Party Vendor Management

by Bryan Cave on

Third-party service providers are critical for startups’ growth. Independent developers, designers, marketing firms, and data analysts (among others) provide valuable services, but they also present difficult and unique...more

DFS Cyber Regulation: Part II – An Interview with Bay Dynamics’ Steven Grossman

This is the second installment in our interview with Steven Grossman, VP Strategy & Enablement at Bay Dynamics, the cyber risk analytics company. Here, Steven discusses the importance of aligning an institution’s risk...more

Law Firms and Vendors Mandated to Up Their Cyber Game: Final Installment in a 3-Part Series

This is our final installment in a three-part series examining the New York State Department of Financial Services (“DFS”) new cybersecurity regulation.  In this installment, we provide an overview of the regulation’s impact...more

Reviewing Third Party Vendor Service Contracts

by Bryan Cave on

Managing third party vendor relationships has always been an important function in banks. More recently it has become a hot topic for state and federal financial bank regulators. The increasing complexity of what vendors are...more

Guidelines for Third-Party Vendor Management Programs

by Bryan Cave on

Third-party service providers present difficult and unique privacy and cybersecurity challenges. Vendor management is important throughout the life of your relationship with your vendors. Vendor diligence starts during the...more

OCR Explains How Information Blocking Violates HIPAA

by McDermott Will & Emery on

The US Department of Health and Human Services Office for Civil Rights recently posted guidance clarifying that a business associate such as an information technology vendor generally may not block or terminate access by a...more

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Cybersecurity

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