Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Are Your Vendors the Weak Link in Your Cybersecurity Defenses?

Author: Scarinci Hollenbeck, LLC

Date: May 26, 2021

Key Contacts

Back
Are Your Vendors the Weak Link in Your Cybersecurity Defenses?

A wide-scale cyberattack revealed how easily an entity’s IT systems can be compromised by the vulnerabilities of an entity’s software vendors and other third parties...

As the SolarWinds breach made clear, one supply chain attack can wreak havoc on thousands of organizations. The wide-scale cyberattack also revealed how easily an entity’s IT systems can be compromised by the vulnerabilities of an entity’s software vendors and other third parties. 

SolarWinds Cyber Attack

In 2020, a high-profile supply chain attack occurred against SolarWinds, a provider of network management software.  The vendor was unknowingly hit with a malware attack and the breach resulted in the malicious code being inserted into a software update, which was then transmitted to 18,000 SolarWinds customers, including the U.S. Department of Defense, Department of Commerce, Microsoft, and Cisco. The code created a backdoor to the impacted entities’ information technology systems, which hackers then used to install additional malware that allowed them to spy on companies and government agencies. The hackers were undetected for months, with the breach first discovered by a cybersecurity firm that noticed its own system was compromised.

The SolarWinds Attack is the most high-profile and invasive IT software supply chain attack to date. It demonstrates how dangerous embedded malware inside a legitimate product can be. If left unchecked, it can allow hackers to access the networks of many organizations using one piece of code.

Managing Third-Party Cyber Risks

The SolarWinds attack, which has now been linked to Russian-backed hackers, resulted in numerous government investigations and hearings. Most recently, the New York State Department of Financial Services (NYDFS) released its report on the cyberattack.

The NYDS Report on the SolarWinds Supply Chain Attack summarizes the SolarWinds Attack, as well as the response by NYDFS-regulated companies. It also identifies four “key cybersecurity measures” that can reduce supply chain risk.

Overall, NYDFS found that companies under its oversight responded quickly. According to the report, 94 percent of the reporting companies removed the vulnerabilities from their IT systems within three days of the SolarWinds Attack’s announcement. However, NYDFS also found that some companies were not applying patches as regularly as needed to ensure timely remediation of high-risk cyber exposure. 

Most importantly, the NYDFS identifies the following cybersecurity measures as critical practices when evaluating the risks posed by vendors and similar third parties (Third Party Service Providers):   

  • Fully assess and address third party risk. Third Party Service Provider and other vendor risk management policies and procedures should include processes for due diligence and contractual protections that will ensure the company can monitor the cybersecurity practices and overall cyber hygiene of critical vendors. Furthermore, contracts with critical vendors should include provisions requiring immediate notification (ideally to at least two persons in different roles at an organization) when a cyber event occurs that impacts — or potentially impacts — an organization’s Information Systems or any non-public information (NPI) that is maintained, processed, or accessed by the vendor.  
  • Adopt a “zero trust” approach and implement multiple layers of security. Organizations should anticipate and prepare for breaches in the supply chain by incorporating supply chain risk analysis into their requisite risk assessments and risk management programs. To do this most effectively, organizations should adopt a “zero trust” mindset and assume that (1) any software installation and (2) any Third Party Service Provider could be compromised and used as an attack vector. Access should be limited “to only what is needed” and systems should be monitored “for anomalous or malicious activity.” Organizations should have layers of security and extra protection for sensitive information so that if one layer is compromised, other controls can detect or prevent an intrusion.
  • Promptly address vulnerabilities through patch deployment, testing, and validation. Organizations should have a vulnerability management program that prioritizes the organization’s patch testing, validation processes, and deployment — including which systems to patch and in what order they should be patched. Furthermore, an organization’s patch management strategy should include performing tests of all patches to the internal system environment with defined rollback procedures if the patch creates or exposes additional vulnerabilities.
  • Address supply chain compromise in incident response plans.  An effective and tested incident response plan with detailed procedures and playbooks is crucial. Incident response plans should include the following, at a minimum, to address supply chain compromises or attacks: procedures to isolate affected systems; procedures to reset account credentials for users of all affected assets and users of assets controlled by compromised software; procedures to rebuild from backups created before the compromise; procedures to archive audit and system logs for forensic purposes; and procedures to update response plans based on lessons learned. Companies should also understand what assets reside in the environment — including their versions and configurations — and enable timely notifications when changes occur. The incident response playbook should include plans to respond to unauthorized changes.

As the NYDFS report notes, there is no silver bullet that will stop all supply chain attacks. Nonetheless, there are steps companies can take to reduce the risks posed by vendors and other third parties. We encourage all businesses to review their cyber security policies and procedures to ensure that include measures to mitigate third-party risk.

If you have questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Maryam Meseha, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

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
Tariff Response Options for Small Businesses Facing Financial Distress post image

Tariff Response Options for Small Businesses Facing Financial Distress

The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]

Author: Brian D. Spector

Link to post with title - "Tariff Response Options for Small Businesses Facing Financial Distress"
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"
President Trump's Termination of Member Gwynne Wilcox post image

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

Link to post with title - "President Trump's Termination of Member Gwynne Wilcox"
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"

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.

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