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On October 20, 2020, a consortium of U.S. federal financial regulators (Regulators)[1],Ā issued a proposed rule (Proposed Rule) that, if enacted, would codify that mere supervisory guidance that is not the product of notice and comment rulemakingā€”e.g., interagency statements, advisories, bulletins, policy statements, and FAQsā€”does not have the force of law. The Proposed Rule would further clarify that the Regulators will not take enforcement actions (including less draconian supervisory actions, like issuing ā€œmatters requiring attentionā€) based on violations of, or non-compliance with, such guidance.

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iStock-1215953761-wfh-covid-19-300x150As if a global pandemic was not enough to trigger hypervigilance, cybercriminals have seized the COVID-19 crisis as an opportunity to exploit individualsā€™ and organizationsā€™ cybersecurity vulnerabilities.

The FBI anticipates a rise in cyber-exploitation during this time, and has warned citizens of the various means of launching a cyberattack. In recent months, amid the precautions and stay-at-home orders to curb the spread of COVID-19, the global workforce has changed drastically to work-from-home environments. This shift poses its own unique risks to both personal cybersecurity, and that of third-party service providers. Whatā€™s more, cyber actors are capitalizing on panic and uncertainty by using insidious means to gain access to the personal information of businesses and individuals. Your organization should consider some of the following cyber risk factors as we continue to navigate this unprecedented COVID-19 crisis.

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iStock-577965144-contact-tracking-300x200ā€˜Contact tracingā€™ is a process used by public health officials to identify individuals who may have come into close proximity with a contagious virus, such as COVID-19. Traditionally, infected persons are asked to identify interactions with people whilst infected or in the days leading up to infection being diagnosed. Health practitioners can then contact those at risk to warn them of potential exposure, what steps to take and how to avoid infecting others.

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In managing relationships with their suppliers during the pandemic, companies will find it in their interest to show some flexibilityā€”but only within certain parameters. In ā€œCOVID-19: BCP and Remote Work Notifications from Suppliers,ā€ colleaguesĀ Aaron M. OserĀ and Mario F. Dottori take a practical look at just what this means for often global networks of third-party suppliers and the companies that employ them.

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Recently, third parties have been petitioning the U.S. Customs and Border Protection (CBP) to initiate investigations into forced labor violations involving specific manufacturers/exporters and specific merchandise. In ā€œSlavery in Supply Chains: CBP Petitions Raise New Forced Labor Compliance Risks,ā€ colleagues Nancy A. Fischer and Sahar J. Hafeez examine the role these petitions play in the growing fight against corporate modern slavery and how proactively engaging in corporate modern slavery compliance is necessary from both corporate social responsibility and risk management perspectives.

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UK-outsourcing-playbook-217x300In what is a challenging sectorā€”especially following recent revelations over ā€œsecretiveā€ government-awarded post-Brexit contractsā€”the UK Government recently issued new guidance on outsourcing aimed at improving government procurement and delivering better public service. Released on February 20, 2019, the ā€œOutsourcing Playbook”Ā targets improvements in how government works with industry and delivers better public services, but there are lessons to be learned for the private sector, as well.

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NY DFSFinancial institutions regulated by the New York Department of Financial Services (DFS)ā€”referred to in this post as ā€œCovered Entitiesā€ā€”should by now be well familiar with the departmentā€™s sweeping cybersecurity regulation, 23 NYCRR 500, that became effective on March 1, 2017. The regulation delves into a level of detail (e.g., multi-factor authentication and encryption requirements) and requires a level of senior level attention (e.g., annual attestation of compliance, signed by the Board of Directors or a Senior Officer) heretofore unseen in U.S. federal or state regulations.

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modern-slavery-act-300x200According to research conducted by the International Labour Organisation, more than 40 million people worldwide were victims of modern slavery in 2016, and about 152 million children, aged between five and 17, were subject to child labour.

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Agile is emerging as the prevailing methodology for software development. According to the 12th Annual State of Agile Report, a survey conducted by VersionOne and published earlier this year, 97% of respondent organizations practice Agile development methods, while 52% reported that more than half of the development teams in their organizations are following Agile practices.

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iStock-513630618-digital-advertising-real-estate-300x200Digital advertising is exploding. In just the first six months of 2017 alone, internet advertising revenues exceeded $40 billion. Promoted ads are dominating social media platforms like Facebook and Twitter, and it is impossible to surf the internet or use mobile apps without having to watch or click through a myriad of dynamic ads to get to the underlying content. Why is this? Because digital advertising works.

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