On October 16, the New York State Department of Financial Services (NY DFS) issued an industry letter to entities regulated by NY DFS (covered entities) providing guidance addressing the cybersecurity risks associated with the use of artificial intelligence (AI). The guidance purportedly aims to assist covered entities in understanding and assessing cybersecurity risks associated with threats arising from the use of AI by cybercriminals and the controls that may be used to mitigate those risks. The NY DFS emphasizes that this new guidance does not impose any new requirements on covered entities, but rather it provides an outline for meeting existing compliance obligations under the NY DFS Cybersecurity Regulation, 23 NYCRR Part 500, in light of the advancements in AI technology.
Jacob A. Lutz
Jake is a fellow of The Pepper Center for Public Service. The Pepper Center draws on the talents of the firm’s retired partners and senior attorneys to wrestle with tough problems facing our communities. Through the Center, these attorneys study, analyze, and work to resolve problems that affect the lives of people in our communities.
The One-Two Punch to Madden – FDIC, Following the OCC, Finalizes its Regulation Clarifying the Valid-When-Made Doctrine
Authors:
James W. Stevens, Partner, Troutman Sanders
Jacob A. Lutz III, Partner, Troutman Sanders
Mark T. Dabertin, Special Counsel, Pepper Hamilton
Richard P. Eckman, Of Counsel, Pepper Hamilton
Gregory Parisi, Partner, Troutman Sanders
Among growing concern about the long-term implications of Second Circuit’s decision in Madden v. Midland Funding, LLC and…
OCC Issues Valid-When-Made Rule With an Eye Toward Legal Challenges
Authors:
James Stevens, Partner, Troutman Sanders
Jake Lutz, Partner, Troutman Sanders
Mark Dabertin, Counsel, Pepper Hamilton
Greg Rubis, Counsel, Pepper Hamilton
Rick Eckman, Senior Counsel, Pepper Hamilton
The OCC’s new rule titled “Permissible Interest on Loans That Are Sold, Assigned, or Otherwise Transferred” (the Permissible Interest Rule) states that a national…
CARES Act Payroll Protection Program: How Lenders Can Participate
General
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) created a new program within the U.S. Small Business Administration’s (SBA’s) flagship 7(a) Loan Program called the “Paycheck Protection Program” (PPP). Under the PPP, SBA will guarantee 100 percent of the amounts loaned by participating lenders to certain U.S. small businesses, nonprofit organizations, veterans…
OCC and FDIC Propose Rules to Address Madden(ing) Uncertainty
On November 19, 2019, the Federal Deposit Insurance Corporation issued a proposed a new rule to clarify that the interest rate on a loan extended by a state-chartered bank or savings association will not be usurious upon sale, transfer or assignment of the loan if such interest rate was valid when the loan was made. …
Troutman Sanders Advises Trustar Bank as First Virginia De Novo Since 2009
Richmond — Troutman Sanders LLP advised Trustar Bank in Fairfax County, Virginia in connection with its organization, equity offering, and regulatory applications and approvals from the Federal Deposit Insurance Corporation and the Virginia Bureau of Financial Institutions as the first de novo bank in Virginia since 2009. Trustar Bank was formed to serve customers in…