Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Cybersecurity Preparedness Exams Results Are In!

Author: Scarinci Hollenbeck, LLC

Date: February 10, 2015

Key Contacts

Back

The Securities and Exchange Commission (SEC) recently published the results of its cybersecurity preparedness examinations of more than 100 broker-dealers and investment advisers.

The report highlights that while investment firms are increasingly being targeted by cyberattacks, they are also actively taking steps to address the threats.  The SEC’s Cybersecurity Preparedness Examination Initiative included 57 registered broker-dealers and 49 registered investment advisers, who were selected by the agency to provide perspectives from a cross-section of the financial services industry and to assess various firms’ vulnerability to cyber-attacks.

Examiners specifically gathered information regarding the firms’ practices for: identifying risks related to cybersecurity; establishing cybersecurity governance; protecting firm networks and information; identifying and addressing risks associated with remote access to client information and funds transfer requests; identifying and addressing risks associated with vendors and other third parties; and detecting unauthorized activity.

Below are some of the SEC’s key findings:

  • Cyberattacks are common. A majority of the broker-dealers (88%) and the advisers (74%) stated that they have experienced cyber-attacks directly or through one or more of their vendors.
  • The majority of the incidents are related to malware and fraudulent emails. Approximately half of the examined firms reported receiving fraudulent emails seeking to transfer client funds. More than one-quarter of broker-dealers reported losses related to fraudulent emails of more than $5,000; however, no single loss exceeded $75,000. One adviser reported a loss in excess of $75,000 related to a fraudulent email, for which the client was made whole.
  • Most firms have written policies and procedures in place. A large percentage of examined broker-dealers (93%) and advisers (83%) have adopted written information security policies. However, few address how firms determine whether they are responsible for client losses associated with cyber incidents.
  • Data security is a top concern. Almost all the examined broker-dealers (98%) and advisers (91%) make use of encryption in some form.
  • Most broker-dealers (93%) and advisers (79%) conduct periodic risk assessments, on a firm-wide basis, to identify cybersecurity threats, vulnerabilities, and potential business consequences. However, a much smaller percentage (only 32% of advisers) report that they conduct the same assessments of their vendors.
  • The use of cybersecurity insurance varied by industry. More than half of the broker-dealers maintain policies that expressly cover cybersecurity incidents and losses. In contrast, less than one-quarter of the advisers examined maintain cybersecurity insurance.

In connection with the report, the SEC also released an Investor Bulletin that contains tips for protecting online brokerage accounts from fraud. Recommended precautions include picking a strong password, enabling two-factor authentication, avoiding the use of public computers/public wireless connections to access investment accounts, exercising caution when clocking email links, and regularly reviewing account statements for suspicious activity.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"
Common Legal Mistakes NYC and New Jersey Business Owners Make post image

Common Legal Mistakes NYC and New Jersey Business Owners Make

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]

Author: Dan Brecher

Link to post with title - "Common Legal Mistakes NYC and New Jersey Business Owners Make"
What Founders Can Learn From Start-up Suits post image

What Founders Can Learn From Start-up Suits

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]

Author: Dan Brecher

Link to post with title - "What Founders Can Learn From Start-up Suits"
Corporate Governance Reviews: A Practical Guide for New Jersey Companies post image

Corporate Governance Reviews: A Practical Guide for New Jersey Companies

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]

Author: Ken Hollenbeck

Link to post with title - "Corporate Governance Reviews: A Practical Guide for New Jersey Companies"
What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights post image

What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]

Author: Robert E. Levy

Link to post with title - "What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!