As if 2016 wasn’t challenging enough for asset managers, the rise in Cybersecurity risk has certainly become increasingly prevalent.  As our industry continues to depend on digital platforms for real time processing from everything from data storage to clearing, asset managers must realize that the threat of a security breach is no longer just about “stealing” but more about destruction and disruption.  According to market data, in 2015, our industry suffered well above a 100 percent increase in cyber attacks and worse yet, 98 percent of current web applications are “breachable.”  If we are in fact destined to become an industry with compounded digital platforms, the ability to manage Cybersecurity risk on a fund and third party service provider level is significantly diminished.

Here are some helpful tips for asset managers:

  1. Focus on what is your most valuable asset.  Everyone appears to have a very different view on what this is;
  2. Understand your infrastructure, where the assets are kept, who has access to it, and how you are sharing data or transferring assets;
  3. Train your team and encourage them to report any suspicious emails or glitches.  Cyber attacks are reportedly happening faster.  One email is enough to permit Malware.  Once access to your computer is achieved, the entire database is at risk.  Take the time to train your team with a simple practical set of risks and action plans.  Carefully consider the best training program for your team since lengthy on-screen tutorials may not be the best approach for group’s with access to sensitive data since people are more likely to click to the end without retaining much of the information;
  4. Hire outside counsel with an expertise in this area.  Your outside counsel will advise you on current regulation, case law and sanctions/fines.  Furthermore, your outside counsel will guide you in creating an appropriate set of procedures.  In the event of a breach, your lawyers will assist you in managing the process and dealing with your investors, the FBI and regulators.  Reputational risk may be the least of your worries;
  5. Cybersecurity is a major threat.  Don’t become complacent. Regulators will expect actual policies and procedures and investors will invest their capital with asset managers who are taking the protection of their data and assets seriously;
  6. Hire the experts to assist you in creating an action plan.  Something as simple as a secure communication tool or multi-factor authentication program can make the difference.  Use layered protection because one program may not protect you as we continue to compound digital platforms on the asset manager and third party provider levels.
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Photo of Nanette Aguirre Nanette Aguirre

Nanette Aguirre concentrates on private funds alternative investments with an emphasis on derivatives and structured products and corresponding regulation. Her experience includes negotiating all forms of synthetic trading including international derivative (ISDA), repos, and prime brokerage enhanced leverage arrangements with global institutions. She

Nanette Aguirre concentrates on private funds alternative investments with an emphasis on derivatives and structured products and corresponding regulation. Her experience includes negotiating all forms of synthetic trading including international derivative (ISDA), repos, and prime brokerage enhanced leverage arrangements with global institutions. She works closely with emerging private fund managers to strategize their launch, trading and ongoing compliance. Additionally, she regularly advises on regulatory issues affecting the derivatives market, including without limitation, Dodd-Frank and related cross-border regulation. Nanette works throughout Latin America, in countries like Mexico and Colombia, as well as other emerging regions including Nigeria, advising banks, endowments, clearing organizations, and other financial institutions.

She has structured and negotiated finance and derivative transactions (including Indian and Chinese swaps, and generally, hedging securitization vehicles, credit and fund-linked derivatives, loan, credit default and equity swaps), exchange traded derivative agreements (including SEFs, and Futures and Options), repurchase agreements, securities lending agreements, prime brokerage (Reg T, Portfolio Margining and Enhanced Leverage), clearing (ISDA-FIA, DTCC, ISDA Amend/Markit.com), electronic trading agreements, tri-party and give-up arrangements. She has assembled derivative use plans for corporates, including leading insurance companies.

Nanette is an active member of the alternative investment community. Nanette sits on the board of the Florida Alternative Investment Association (“FLAIA”) and Minorities in Restructuring and Alternative Investments (“MRAI”). She also works closely with other MWBE and emerging manager associations. Prior to Greenberg Traurig, Nanette spent eleven years in the Structured Products and Derivatives department of a major New York law firm serving the financial services sector and working closely with some of the industry’s largest hedge funds, mutual funds and pension plans.