Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: November 11, 2016
The Firm
201-896-4100 info@sh-law.com
New York-based financial companies will not be the only ones required to strengthen their cybersecurity practices. Federal regulators recently unveiled proposed rules that would apply to all large banks.Specifically, the Federal Reserve Board (FRB), the Federal Deposit Insurance Corp. (FDIC), and the Office of the Comptroller of the Currency (OCC) proposed cyber security standards that would apply to all U.S. bank holding companies with total consolidated assets of $50 billion or more. They would also cover the U.S. operations of foreign banking organizations with total U.S. assets of $50 billion or more and all U.S. savings and loan holding companies with total consolidated assets of $50 billion or more. The regulators are also considering expanding the requirements to certain subsidiaries of these entities, as well as to third-party service providers.
The federal government fears that a large-scale cyberattack on one entity could cripple the whole financial system. Accordingly, the enhanced cybersecurity standards are designed to “increase the operational resilience of these entities and reduce the impact on the financial system in case of a cyber event experienced by one of these entities.” As the financial regulators explained in the proposed rule:
As technology dependence in the financial sector continues to grow, so do opportunities for high-impact technology failures and cyber-attacks. Due to the interconnectedness of the U.S. financial system, a cyber incident or failure at one interconnected entity may not only impact the safety and soundness of the entity, but also other financial entities with potentially systemic consequences.
The proposed rule addresses five categories of cyber standards:
While many of the proposed requirements are in line with prior guidance, they would be mandatory and enforceable rather than just advisory.
In the category of cyber risk governance, senior leaders with responsibility for cyber risk oversight must be independent of business line management. Under the proposed rule, these senior leaders would need to have “direct, independent access to the board of directors” and would independently inform the board of directors on an ongoing basis of the firm’s cyber risk exposure and risk management practices.
With regard to cyber resilience, covered entities would be required to be capable of operating core business functions in the face of cyberattacks. The agencies are also considering requiring covered entities to establish protocols for secure, immutable, off-line storage of critical records. Such records would need to be stored in such a format that they could be restored by another financial institution, service provider, or the FDIC.
Also of note, the regulators are considering implementing the enhanced cybersecurity standards in a tiered manner. The enhanced standards would apply to all systems of covered entities, while an additional, higher set of expectations would govern those systems of covered entities that are critical to the financial sector.
According to the banking regulators, they are issuing the proposed rule prior to drafting “a more detailed proposal for consideration.” Comments on the rule must be received by January 17, 2017.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer

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.

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

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

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

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
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!