We have had some conflicting rulings on the Federal Trade Commission’s (“FTC”) rule to ban the use of noncompete clauses this month. Earlier this month, a federal district court in Texas issued a preliminary injunction that enjoined the effective date of the FTC’s noncompete ban (currently, September 4, 2024). This court decision is limited to […]
Last week (April 23, 2024), the Federal Trade Commission (“FTC”) issued a final rule to prohibit the use of non-compete clauses in certain employer agreements and policies. The rule will become effective 120 days after it is published in the Federal Register. The rule also supersedes all state laws and regulations, unless those laws or […]
Third party relationships can present great opportunities to credit unions to meet their strategic goals and to expand member services in an increasingly competitive marketplace. However, these opportunities must be properly evaluated, with risks assessed and adequately mitigated. This webinar reviews the NCUA’s supervisory guidance as to how credit unions should evaluate their third party […]
By: Michael J. Heller mheller@cusolaw.com Part 1: Contract Review As credit unions increasingly rely on third party relationships to remain operationally efficient and competitive and to provide the most innovative and up-to-date services to members, contract review, negotiation, and monitoring are, and will continue to be, critical aspects of an effective third party risk management […]
By: Michael Heller mheller@cusolaw.com The Federal Trade Commission (“FTC”) published a new proposed rule on January 19, 2023 to prohibit the use of non-compete clauses in certain agreements. The proposal is currently in the commentary period, which will end on March 20, 2023. If adopted, the proposed rule will require employers that use non-compete […]
Following up on a previous post regarding legislation that would grant the NCUA authority to regulate and examine all vendors that do business with a credit union, the House recently passed the National Defense Authorization Act including an amendment that would grant the NCUA such oversight authority over a credit union’s third-party vendors. As previously […]
With summer in full swing, now is as good of a time as any to review your internal processes to see how your programs are performing measured against expectations and determining whether any updates need to be made. This post will be a high level focus looking under the hood of your third party risk […]
Since the NCUA’s ability to have direct oversight over vendors sunset over twenty years ago in the aftermath of Y2K, the agency has consistently made the case internally and in testimony to Congress to regain such authority. The NCUA has most recently cited cybersecurity concerns as justification for vendor oversight authority. Instead of addressing any potential cybersecurity […]
Messick & Lauer P.C., in conjunction with The Rochdale Paragon Group, hosted a webinar to provide credit unions and CUSOs an overview of the importance of developing a sound vendor management program in today’s increasingly complex regulatory environment. Sound Vendor Management from Messick & Lauer on Vimeo.
