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The Federal Financial Institutions Examination Council (FFIEC) recently revised its Information Security Booklet. The changes bring the financial services industry closer to the goal of having a clearly defined set of cybersecurity and data protection protocols to ensure regulatory compliance. The booklet is one of 11 which together comprise the FFIEC IT Handbook. Special focus should be paid to the updated Appendix A which was published as guidance for field examiners of the financial services regulators to assess the level of security risks to an institution's information systems and the adequacy of an information security program's integration into an institution's overall risk management.
The Appendix lists 11 objectives for examiners to utilize, however eight of these objectives can be used as internal guidance to assess a program and devise a set of best practices to structure policies and procedures to form a strong, compliant approach to data security ahead of any examination.
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The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
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