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March 26, 2020
Presented by:
Wanda Borges, Esq.
Borges & Associates, LLC
575 Underhill Blvd.
Syosset, NY 11791
516-677-8200 x225
wborges@borgeslawllc.com
In Partnership with:
BARR Credit Services
Wanda Borges | wborges@borgeslawllc.com
FRAUD IN TODAY’S
CYBER WORLD
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Wanda Borges | wborges@borgeslawllc.com
FIVE ELEMENTS TO THE
LEGAL DEFINITION OF “FRAUD”
 A false statement of a material fact
 Knowledge on the part of the defendant that the
statement is untrue
 Intent on the part of the defendant to deceive the
alleged victim
 Justifiable reliance by the alleged victim on the
statement, and
 Injury to the alleged victim as a result.
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Wanda Borges | wborges@borgeslawllc.com
ELEMENTS OF FRAUD
APPLIED TO CYBERFRAUD
 A false statement of a material fact
 “Phishing” or “Hacking”
 is the attempt to obtain sensitive information such as usernames,
passwords, and credit card details (and, indirectly, money), often for
malicious reasons, by disguising as a trustworthy entity in an electronic
communication.
 “Malware”
 Knowledge on the part of the defendant that the statement is
untrue
 Activities intended to get access, connections, and information to
create a transaction where an entity can profit from an
unauthorized or illegal activity
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Wanda Borges | wborges@borgeslawllc.com
ELEMENTS OF FRAUD APPLIED
TO CYBERFRAUD, cont’d.
 Intent on the part of the defendant to deceive the alleged victim
 Intent to get information which will harm the victim
 “Malware” – malicious software/ malicious intent
 Justifiable reliance by the alleged victim on the statement, and
 Injury to the alleged victim as a result.
 Victim is harmed
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Wanda Borges | wborges@borgeslawllc.com
CYBER FRAUD
 The attempt to get information to create fraudulent
transactions is everywhere! We’ve almost become
immune to the labels. “Phishing”, “Hacking”, and
“Malware”.
 These are activities to get access, connections, and
information to create a transaction where an entity
can profit from an unauthorized or illegal activity.
 Cyber security refers to the body of technologies,
processes, and practices designed to protect networks,
devices, programs, and data from attack, damage, or
unauthorized access. Cyber security may also be
referred to as information technology security.
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SPEARPHISHING
 The fraudulent practice of sending emails ostensibly from a
known or trusted sender in order to induce targeted individuals
to reveal confidential information.
 Appears to Come from a Trusted Source
 BANKS
 COLLEAGUES
 FRIENDS
Wanda Borges | wborges@borgeslawllc.com
Email, Phishing and Messaging
 Phishing is a social engineering attack that uses email or
messaging the same way that bait is used to catch a fish.
 Cyber attackers send millions of emails in hopes that someone
will take the bait. The emails attempt to fool you into taking
action, such as clicking on a link or opening an attachment or
completing a form.
 Example is a message requiring immediate action, such as threatening
to close down your online account or fining you large amounts of
money.
 A more sophisticated method, called spear phishing, targets
individuals.
 Finance department personnel is targeted with a fake invoice request.
 Shipping department personnel is targeted with a fake purchase order
 These attacks are harder to detect.
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Wanda Borges | wborges@borgeslawllc.com
Suspicious Signs of Phishing
Attacks:
 Messages addressed to Dear Customer, or other generic
greeting.
 Messages requesting immediate action, or sense of urgency,
such as threatening to close your account.
 Messages claiming to be from official organization, but have
spelling or grammar mistakes, or come from a Gmail, Yahoo
or Hotmail account.
 Messages requesting highly sensitive information, such as
credit card number or password.
 Messages from an email you recognize, but the tone is
strange or unusual sense of urgency. Call to verify the
person really sent the request.
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Wanda Borges | wborges@borgeslawllc.com
Phishing Attack Signs:
 Before clicking on a link, hover your mouse cursor over the link
to display its true destination, so you can confirm you are being
directed to a legitimate website.
 On many mobile devices, pressing and holding the link will also
show you the true destination.
 Type website’s address into browser to see if it’s valid.
 When messages have attachments, only open attachments you
have been expecting or you know are from a legitimate source.
 Be careful with Email “Reply All” feature.
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Wanda Borges | wborges@borgeslawllc.com
 Highest Vulnerability – Small & Mid-Sized
Business
 Sometimes informal nature
 Fewer Staff Members
 Lack of Checks & Balances
 Large Companies are not invulnerable.
 Working Remotely
VULNERABILITY
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Wanda Borges | wborges@borgeslawllc.com
CYBERSECURITY DURING
COVID-19
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Wanda Borges | wborges@borgeslawllc.com
 National Cyber Awareness System Alert (released March 13,
2020)
 Remote work options – or – telework
 Require an enterprise virtual private network (VPN) to connect
employees to an organization’s information technology (IT)
network
Department of Homeland Security
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Wanda Borges | wborges@borgeslawllc.com
 More vulnerabilities are being found and targeted by
malicious cyber actors
 VPNs are 24/7 – organizations are less likely to keep them
updated with the latest security updates and patches
 Malicious cyber actors may increase phishing emails
targeting teleworkers to steal their usernames and
passwords
 Organizations that do not use multi-factor authentication
(MFA) for remote access are more susceptible to phishing
attacks
CYBER-INFRASTRUCTURE
CONSIDERATIONS
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Wanda Borges | wborges@borgeslawllc.com
 Update VPNs, network infrastructure devices, and devices being
used to remote into work environments with the latest software
patches and security configurations
 Alert employees to an expected increase in phishing attempts
 Ensure IT security personnel are prepared to ramp up the
following remote access cybersecurity tasks:
 Log review
 Attack detection
 Incident response
 Implement MFA on all VPN connections to increase security. If not
MFA – use strong passwords
 Ensure IT security personnel test VPN limitations to prepare for
mass usage
CISA (Cyber Infrastructure)
RECOMMENDATIONS
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 Remember that your IT systems and IT staff will be stressed in
unprecedented manners – so you need to be very self-aware
 Make sure all employees have clear and concise instructions
 All laptops/computers MUST have a strong password
 Employees should only work from home or other SAFE environment
 What employees should do if laptop/equipment is lost, stolen or breaks
 You may not want outsiders working on laptops that have remote access
 Verify all Corporate information provided by customers
 Monitor Employees
 Log in check or monitoring logins
 Be cautious of any “instructions” from higher-ups. These could be false
Best Practices for
Remote/Telework
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Wanda Borges | wborges@borgeslawllc.com
Working Remotely during
COVID-19
 Only use organization approved devices while working remotely.
 Only allow authorized persons to use devices
 Don’t lend your device to anyone you don’t absolutely trust
 Lock device with PIN code.
 Make sure browser and email are using encryption when
connecting to internet.
 If device supports VPN capabilities, you may be required to use
them.
 Protect device by regularly updating OS and applications.
 Never allow others to connect their devices (phones/USB drives) to
your laptop. 17
Wanda Borges | wborges@borgeslawllc.com
Protecting Your Personal
Computer
 Always be sure your devices have the latest patches and are running the latest
versions of any programs installed.
 Enable automatic updates on your computer and mobile devices.
 If you are no longer using a program, uninstall it.
 Ensure your browser Plug Ins are up to date.
 Consider using browser in “Private Mode” to protect information:
 Will not record and track websites you visit
 Will not cache website content
 Usually wipes any cookies stored on your system
 Enable firewall and use updated anti-virus software.
 Only protects and stops known malware. New malware is constantly being
developed.
 Perform daily backup
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Wanda Borges | wborges@borgeslawllc.com
YOU ARE THE SHIELD
 Why is security awareness training so important to your
organization?
 Your actions have a direct impact on the security of your
organization.
 Everyone is responsible for protecting data and information in our
organizations, not just the Help Desk and IT team members.
 Security awareness training skills learned at work can be used at
home.
 Cyber attacks can happen any time and anywhere.
 While technology can help, you are ultimately the best Defense
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Wanda Borges | wborges@borgeslawllc.com
Data Management Strategy
 Identify the Data you need to protect
 Implement methods to encrypt data at rest
 Limit the number of users who have access
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Wanda Borges | wborges@borgeslawllc.com
Data Security
 Data security is everyone’s responsibility.
 Includes how we securely store, access, process, transmit,
archive and ultimately destroy sensitive information.
 Follow procedures to make sure we are in compliance with
company policies, regulations and standards intended to
protect information.
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Wanda Borges | wborges@borgeslawllc.com
Data Security (cont.)
 If someone calls or emails asking for sensitive information,
authenticate the person first using approved procedures.
 When sending information, use secure methods to make data
inaccessible to unauthorized users, such as using strong encryption.
 Use of removeable media or portable electronic devices, such as USB
Flash Drives or external hard drives.
 Only use them with prior approval and encrypt sensitive data with
approved encryption software.
 Protect these devices, because they can be used by cyber
attackers to infect computer systems.
 If working with 3rd party vendor, need to know that data is protected.
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Wanda Borges | wborges@borgeslawllc.com
Ways You Can Support Data
Security:
 Recognize sensitivity of information we are working with.
 Expected to know and respect boundaries
 Only use systems authorized by organization to handle sensitive
information.
 Do not copy or store to unauthorized system or account, such as personal
laptop or email account.
 Only used licensed software.
 Cloud services are not to be used for storing sensitive information unless
you have prior approval.
 Secure sensitive information in physical form, such as keeping documents
on desk in a folder and storing in locked cabinet when leaving.
 Use screen lock on computer when leaving computer.
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Wanda Borges | wborges@borgeslawllc.com
Data Storage
 Designated secure storage location
 USB
 NOT on personal laptops
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Wanda Borges | wborges@borgeslawllc.com
Cloud Services
 Outside service provider to store, manage or process our data.
 Reason it’s called “The Cloud” is because you never know where
the data is physically stored.
 Creating documents on Google Docs
 Sharing files via Drop Box or Microsoft’s One Drive
 Storing pictures in Apple’s iCloud
 Cloud services help us to be more productive but have
more risks.
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Wanda Borges | wborges@borgeslawllc.com
Steps to Follow When Using
Cloud Services:
1. Get permission before using any Cloud technologies.
2. Only use organization approved Cloud vendors.
3. Follow policies on what information can and can’t be stored in Cloud and with whom you it
can be shared.
4. Beware of type of data you are storing. Some data is protected by legal, regulatory or
contractual obligations, which prohibit storage of that data on unverified systems or in
foreign countries.
5. Secure work-related data by never copying and storing on your personal Cloud account.
6. Be extremely conservative as to who can access business Cloud accounts
7. Use a unique password for each of your Cloud accounts.
8. Configure your Cloud account to a Default setting of not sharing any files with anyone, then
only share specific files with specific people or groups of people, and only for as long as they
need the files.
9. Run up to date anti-virus software and scan files you have accessed through the cloud
before you use them.
10. Always ask Supervisor if you are not sure what Cloud services are allowed.
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Wanda Borges | wborges@borgeslawllc.com
Data Retention
 Records are an asset that help us run our operations,
maintain internal control and satisfy legal responsibilities.
 Records can be paper or electronic
 Paper - Invoices, reports
 Electronic – customer records in database, email or voice
mail
 Be aware of record retention and requirements that
apply to the particular type of work you do.
 Often stated in formal company policies or regulations
 Email is considered just as legally binding as paper letter.
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Wanda Borges | wborges@borgeslawllc.com
Data Retention (cont’d.)
 Use Email as a tool for documenting activity.
 Be mindful that any record you make could be discovered thru litigation or leaked
to the public.
 Before you send an email or text message, pause and ask yourself how it would
appear if it were produced in court or printed in newspaper.
 Never assume the deletion of an electronic record will be the end of it.
 Can be found through backups.
 Forensic computer geeks can find items even if purged at the desktop
 Destroy records when no longer needed or required.
 Do not condone destruction, falsification or concealment of records for the
purpose of covering up illegal or embarrassing conduct.
 Such cover ups could subject you and your organization to ridicule and punishment.
 In litigation this is defined as spoliation of evidence
 Securely dispose of sensitive documents; shred or dispose in authorized shred
bins.
 For digital data, use appropriate method (specialized software or physically crippled or
destroyed). 28
Wanda Borges | wborges@borgeslawllc.com
Data Transmission
 Use only secure communications networks
 Do NOT use public Wi-Fi for company business
 Encrypt documents being transmitted
 Common Encryption tools
 56-bit DES
 128-bit AES encryption
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Wanda Borges | wborges@borgeslawllc.com
Video Conferencing
 Keep your staff engaged.
 Conduct Video conference calls weekly or more often
 Make sure the site is secure for video conferencing
 Look for the lock next to the web address
 Do NOT use public Wi-Fi for company business
 Encrypt documents being transmitted
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Wanda Borges | wborges@borgeslawllc.com
Access Controls
 Reset passwords
 Passwords should be longer than 12 characters
 Include upper and lower case
 Include at least 1 symbol
 If possible, use a password manager
 Enable two factor authentication for all your critical
financial services
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Wanda Borges | wborges@borgeslawllc.com
Passwords
Tips for strong passwords:
 Make passwords long – every character makes it
stronger & more secure
 Hard to guess – avoid public information, like birth date,
pet’s names or anything you may have shared on social
media
 Easy to remember
 Use a Pass Phrase – multiple words with letters,
numbers, symbols
 Example “Wher3ismyph0ne?”
 Use a unique different password for each account.
 If one account gets hacked, your others will be safe
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Wanda Borges | wborges@borgeslawllc.com
Passwords (cont.)
 Use password manager – program that securely stores
passwords and you only have to remember one strong
password.
 Check with IT team if authorized
 Password is secret – don’t share with anyone else.
 For sites that require security questions, use questions that
only you know answers to. Try to use information not
publicly known.
 Use two-step verification process when possible; security
codes that are emailed or texted.
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Wanda Borges | wborges@borgeslawllc.com
Browsing Safely
 Plug Ins or Add Ons are small pieces of software added
to browsers that are used for additional features, such
as playing games, watching movies, or text editing.
 Every Plug In adds additional vulnerabilities. Only add
if absolutely needed and if you have prior approval.
Keep Plug Ins updated to latest version.
 When finished with a website, be sure to log off. This
removes sensitive login and password information
before closing the browser.
 Safe browsing strengthens your shield!
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Wanda Borges | wborges@borgeslawllc.com
Hacked
 Hackers are extremely persistent. The faster you can
recognize the signs of a hacked system, and the faster you
notify someone for support, the less damage the cyber
hackers can do.
 Most common signs of a hacked computer:
 Icons start to disappear as computer is starting up
 Anti-virus has triggered an alert that system is infected
 unable to remove or quarantine infected files
 You get pop up message that says computer is now encrypted and you
must pay a ransom to recover it
 Your computer is infected, and you must call a tech representative to
fix it
 There are new accounts on your device that you did not
create, or
 There are new programs running that you did not install.
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Wanda Borges | wborges@borgeslawllc.com
Report These Conditions
Immediately:
 Browser is taking you to unwanted or random websites and
you cannot close them.
 Your password no longer works. Cyber attackers will change
your password after they hack in, so they maintain control.
 Friends or coworkers are receiving odd messages from you
that you know you never sent.
 Mobile device is causing unauthorized charges to premium
SMS numbers, or has unexplained very high data or battery
usage.
 You can accidentally install suspicious software from a pop-up ad.
 Do NOT attempt to fix yourself. Contact Help Desk or IS team
ASAP.
36
Wanda Borges | wborges@borgeslawllc.com
Malware
 Software that is used to perform malicious actions on any
operating system
 Viruses, Trojans, Worms or Ransomware
 Malware is commonly used to:
 Silently watch or spy on your online activities
 Capture every keystroke to steal your passwords and files (Key
Logger)
 Use your system to attack others.
 Ransomware - encrypts and locks your files and demands a
ransom
 No guarantee you will get your files back if you pay.
 If you don’t have backups, your data can be permanently gone.
 Best defense against Malware is common sense. If something
seems odd or suspicious or too good to be true (lottery), it
may be a cyber attack.
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Wanda Borges | wborges@borgeslawllc.com
Mobile Device Security
 Mobile devices hold a great deal of personal and sensitive
information.
 Always keep track of your mobile devices
 Always protect device with screen lock, swipe pattern or fingerprint.
 Enable remote wiping if available; allows you to erase information if
your device is lost or stolen.
 Always use latest OS for your device and keep it updated.
 Never jail break or hack your mobile device; device may no longer be
supported & this disables many security features designed to protect
you.
 Disable Wi-Fi and Bluetooth while not in use
 protects device from automatically connecting to dangerous networks
 Improves battery life
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Wanda Borges | wborges@borgeslawllc.com
Mobile Device Apps
 Choose mobile apps from trusted sources
 only install what you need.
 Before downloading app, check out how many people use
an app and its reviews (negative or positive?).
 Ensure it is authorized for work and that it does not ask
for excessive permissions.
 Always keep mobile apps updated with latest version.
 If mobile device is lost, notify IT team immediately.
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Wanda Borges | wborges@borgeslawllc.com
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COVID-19 Impact on
Businesses and Employees
Wanda Borges | wborges@borgeslawllc.com
Families First Coronavirus
Response Act
 Signed into law on March 18, 2020.
 New leave benefits provided for in Act must be offered within 15
days of enactment - April 2, 2020.
 Emergency Sick Leave Benefit: FFCRA requires changes to sick
leave benefits during COVID-19 public health emergency, i.e.,
now through the end of 2020
 FMLA Change: During the coronavirus public health emergency
(i.e., now through the end of 2020) FFCRA changes the
applicability of the Family Medical Leave Act for this new type of
leave from employers having 50 or more employees to employers
having less than 500 employees “because of a qualifying need
related to a public health emergency.”
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Wanda Borges | wborges@borgeslawllc.com
Employee Paid Leave Rights
 All employees of covered employers are eligible.
 80 hours of paid sick leave at regular rate due to
quarantine, or COVID-19 symptoms
 80 hours of paid sick leave at 2/3rds regular rate due to
need to care for an individual
 Quarantine
 School age or other child
 Employer cannot require employees to use alternative
forms of PTO prior to invoking this emergency paid sick
leave.
42
Wanda Borges | wborges@borgeslawllc.com
Employers and Employees
Under the FFCRA
 Covered Employers: Paid Sick Leave and Expanded Family
and Medical Leave Provisions of the FFCRA apply to
 Certain Public Employers
 Private Employers with few than 500 employees
 Small Businesses with few than 50 employees may qualify
for exemption if the leave requirements would jeopardize
the viability of the business as a going concern
 Eligible Employees: All employees of covered Employers
are eligible for two weeks of paid sick time for specified
reasons related to COVID-19
 Employees employed for at least 30 days are eligible for up
to an additional 10 weeks of paid family leave to care for a
child under certain circumstances related to COVID-19
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Wanda Borges | wborges@borgeslawllc.com
Qualifying Reasons for Leave
 If an employee is unable to work (or unable to telework) due
to a need for leave because the employee:
 Is subject to a Federal, State or local quarantine or isolation order
related to COVID-19
 Has been advised by a health care provider to self-quarantine
related to COVID-19
 Is experiencing COVID-19 symptoms and is seeking a medical
diagnosis
 Is caring for an individual subject to an order described in (1) or
self-quarantined as described in (2)
 Is Caring for a child whose school or place of care is closed (or
childcare provider is unavailable) for reasons related to COVID-
19;
 Is experiencing any other substantially-similar condition specified
by the Secretary of Health and Human Services, in consultation
with the Secretaries of Labor and Treasury
44
Wanda Borges | wborges@borgeslawllc.com
Coronavirus Rescue Package
NOT SIGNED INTO LAW YET
 $2 trillion
 Big Businesses: $550 billion to back loans and assistance to
companies, including $50 billion for loans to U.S. airlines, as
well as state and local governments
 Small Businesses: $350 billion to aid small businesses
 Hospitals: $150 billion for hospitals and other health-care
providers for equipment and supplies
 Individuals: $1,200 for each adult and $500 for each child FOR
LOWER AND MIDDLE-INCOME AMERICANS
 Unemployed: Unemployment insurance extension to four
months, bolstered by $600 weekly.
45
Wanda Borges | wborges@borgeslawllc.com
Questions?
Wanda Borges, Esq.
Borges & Associates, LLC
575 Underhill Blvd.
Syosset, NY 11791
516-677-8200 x225
wborges@borgeslawllc.com
46
BARR Credit Services
5151 E Broadway Blvd.
Suite 800 Tucson, AZ 85711
520-745-8701
Barrcredit.com
info@barrcredit.com
Wanda Borges | wborges@borgeslawllc.com
47
ABOUT- WANDA BORGES
 WANDA BORGES, the principal member of Borges & Associates, LLC., has been
specializing in commercial insolvency practice and commercial litigation
representing corporate clients throughout the United States for forty years.
 She is admitted to practice before the courts of the State of New York and the
United States District Court for the Southern, Eastern, Northern and Western
Districts of New York, the United States District Court for the District of
Connecticut, the United States District Court for the Eastern District of Michigan,
the Second Circuit Court of Appeals and the Supreme Court of the United States.
She is a member of several professional organizations, including the American Bar
Association, American Bankruptcy Institute. As a member of the Commercial Law
League of America, she is a Past President of the League, is a Past Chair of its
Bankruptcy Section, is a past Chair of the Creditors’ Rights Section and currently
serves on the Bankruptcy Section and Creditors’ Rights Section Executive Council
She is the current Chair of the Board of Associate Editors for the Commercial Law
World and other CLLA publications. She is the President of the CLLA Fund for Public
Education.
Wanda Borges | wborges@borgeslawllc.com
48
ABOUT- WANDA BORGES
 She is a regular lecturer for the National Association of Credit
Management (NACM) and its various affiliates. She has prepared and
continues to update courses on "Advanced Issues in Bankruptcy", "Basics
in Bankruptcy", "Current Cases in Bankruptcy", "Creditor's Committees",
"Credit and Collection Issues", Sarbanes-Oxley Act of 2002, “Litigation
Issues” and "Antitrust Issues" which have been presented at past NACM
Annual Credit Congresses and at trade credit association meetings. Even
prior to the passage of the “Red Flags Rule”, Ms. Borges worked with the
NACM and the FTC to determine the applicability of the Rule to business
creditors. Ms. Borges has prepared and presents seminars on the Red
Flags compliance issues for the NACM, its various affiliates,
corporations, collection agencies and various other organizations. Ms.
Borges is a faculty member for the NACM's Graduate School of Credit and
Financial Management at Dartmouth College. Ms. Borges has been a
faculty member for the National Institute on Credit Management, a
program jointly sponsored by the Commercial Law League of America
and the National Association of Credit Management.
Wanda Borges | wborges@borgeslawllc.com
49
ABOUT- WANDA BORGES
 She has been a regular lecturer for the American Management Association on
the Uniform Commercial Code and Fundamentals of Business Law for the Non-
Lawyer, and for both the American Management Association, the Media
Financial Management Association (formerly the Broadcast Cable Financial
Management Association) and the Broadcast Cable Credit Association on
Creditor's Rights in Commercial Litigation and Bankruptcy Matters.
Additionally, she has presented seminars and webinars for the National
Conference of Bankruptcy Judges, the American Bankruptcy Institute, The
Commercial Law League of America, The International Association of
Commercial Collectors, various local and national Bar Associations, Thomson
West Publishing Company, the New York State Food Service Distributors
Association and Riemer Reporting Service.
 Ms. Borges frequently presents live seminars, tele-seminars and webinars for
various trade credit groups, many of whom are managed by NACM Affiliate
Associations. Additionally, she has prepared and presented these educational
programs for the American Automotive Leasing Association, the National
Chemical Credit Association, the National Cement Trade Credit Group, the
Health Industry Manufacturers Association, the Beauty and Barber
Manufacturers Credit Association, the New Hampshire Association of
Broadcasters and the Credit Association for Satellite History.
Wanda Borges | wborges@borgeslawllc.com
50
 She has served as the Managing Editor and still is one of the contributing
authors of the Manual of Credit and Collection Laws published by the
National Association of Credit Management and is a contributing author to
its Principles of Business Credit.. She is a member of NACM’s Editorial
Advisory Committee. She is an Associate Editor for the Commercial Law
League of America's magazine “The Commercial Law World” and has
contributed to the CLLA’s Law Journal and the Bankruptcy Section
Newsletter. Her treatise Hidden Liens: Who is Entitled to What? was
published in the Fall, 1998 Edition of the Commercial Law Journal. She
has authored Antitrust, Restraint of Trade and Unfair Competition: Myth
Versus Reality, published by the NACM. Ms. Borges is the lead author and
Editor-in-Chief of Enforcing Judgments and Collecting Debts in New York
published by Thomson West Publishing Company and updated annually.
She routinely publishes articles for the National Association of Credit
Management “Business Credit” magazine and has published articles for its
“Fraud Prevention News”. Upon the passage of the BAPCPA in 2005, Ms.
Borges prepared and presents educational programs on this new legislation
and co-authored The Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 – An Overhaul of U.S. Bankruptcy Law, published by
the NACM.
ABOUT- WANDA BORGES
Wanda Borges | wborges@borgeslawllc.com
51
 She has published articles for the Broadcast Cable Credit Association
"Creditopic$" and continues to publish articles for the “The Financial
Manager” on Commercial Creditors' Rights in Bankruptcy, Bankruptcy
issues generally, the FTC’s Red Flags Rule, the ECOA and Regulation B,
Electronic Invoicing, "Dot Com" Businesses, and on Advertiser/Agency
Liability; and has prepared the "white paper" on the discontinuance of
notarization of broadcast invoices. She is a co-author of the National
Association of Broadcasters' book Out of the Red and into the Black, as
well as the Broadcast Cable Credit Association's Credit & Collection
Handbook. Ms. Borges has appeared as a guest on the Fox News Channel
program, "Fox on Consumers", speaking on consumer bankruptcy
exemptions. In February 2010, Ms. Borges prepared and presented a
program entitled “Avoiding Bankruptcy Pitfalls: Creditors’ Rights and
Professional Obligations in Bankruptcy Proceedings” for the Georgia Bar
Association and the Institute of Continuing Legal Education in Georgia”
which was televised live and telecasted to satellite locations throughout
the State of Georgia.
ABOUT- WANDA BORGES
Wanda Borges | wborges@borgeslawllc.com
52
 She has conducted "in-house" seminars on credit, collection, secured
transactions and insolvency for corporate clients such as Agrium, Inc.,
Bristol-Myers Squibb, Burlington Industries, Inc., Cosmair, Inc., Doric
Enterprises, Ferguson Enterprises, Inc., Ingram, Mars Incorporated,
McKesson Corporation, Mobil Chemical Company, Multi-Arc Corp., Pfizer
Inc., R.J. Reynolds Tobacco Company, Sandvik, Inc., Sharp Electronics
Corporation, Simon & Schuster Corp., SONY Corporation, Southeastern
Freight Lines, Inc., Stanley Works, Sumitomo Corporation and SunTrust
Bank.
 She is a past Chair of the Board of Trustees of Mercy College and served
as a member of that board for nine years. She has served on the board
of RegentsCollege andd has taught Business Law at Seton College in
Westchester County, New York. She is a past Chair of the Broadcast
Cable Financial Management Association.
ABOUT- WANDA BORGES
Wanda Borges | wborges@borgeslawllc.com
53
 Ms. Borges actively participates in community events. She is a Leader of Song and
has directed the Youth Music Ministry at her parish, Our Lady Star of the Sea. She
remains a member of the Fairfield County Chorale for which she served as its
president for the years 1995 through 1997, Executive Vice-President of the Fairfield
County Chorale during the years 2012 through 2013 and served several years as a
director on its Board.
 She received the "Human Valor" Award by Noticias del Mundo, a New York based
spanish-language newspaper in 1985, the Mercy College Alumni Association's
"Professional Achievement" Award in 1991, honorary membership in Delta Mu Delta -
The National Honor Society in Business Administration - in May, 1995 and in October,
1996, was awarded the Mercy College Trustee's Medal for outstanding dedication to
her profession and alma mater. She is listed in Who's Who of American Women. In
September 2000 she was named one of the "50 Outstanding Alumni" of Mercy
College. In February 2001 she received the "Career Achievement Award" from the
Broadcast Cable Credit Association. In May 2004, she received the “Strength in
Numbers Recognition Certificate” from the NACM. In December 2006, she was
named one of “2006 Top25 Most Influential Collection Professionals” by Collection
Advisor Magazine. Ms. Borges was recently inducted into Mercy College’s Alumni
Hall of Fame celebrating its 60th year in existence. In November 2010, Ms. Borges
received the “Robert E. Caine Award for Leadership” from the Commercial Law
League of America. Ms. Borges has been included on the New York Super Lawyers –
Metro Edition list (Bankruptcy & Creditor/Debtor Rights) each year since 2009. Ms.
Borges received a “Woman of Distinction” Award from St. Catharine Academy in
April 2015.
ABOUT- WANDA BORGES

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Protecting Your Business, Cybersecurity, and working remotely during COVID-19

  • 1. March 26, 2020 Presented by: Wanda Borges, Esq. Borges & Associates, LLC 575 Underhill Blvd. Syosset, NY 11791 516-677-8200 x225 wborges@borgeslawllc.com In Partnership with: BARR Credit Services
  • 2. Wanda Borges | wborges@borgeslawllc.com FRAUD IN TODAY’S CYBER WORLD 2
  • 3. Wanda Borges | wborges@borgeslawllc.com FIVE ELEMENTS TO THE LEGAL DEFINITION OF “FRAUD”  A false statement of a material fact  Knowledge on the part of the defendant that the statement is untrue  Intent on the part of the defendant to deceive the alleged victim  Justifiable reliance by the alleged victim on the statement, and  Injury to the alleged victim as a result. 3
  • 4. Wanda Borges | wborges@borgeslawllc.com ELEMENTS OF FRAUD APPLIED TO CYBERFRAUD  A false statement of a material fact  “Phishing” or “Hacking”  is the attempt to obtain sensitive information such as usernames, passwords, and credit card details (and, indirectly, money), often for malicious reasons, by disguising as a trustworthy entity in an electronic communication.  “Malware”  Knowledge on the part of the defendant that the statement is untrue  Activities intended to get access, connections, and information to create a transaction where an entity can profit from an unauthorized or illegal activity 4
  • 5. Wanda Borges | wborges@borgeslawllc.com ELEMENTS OF FRAUD APPLIED TO CYBERFRAUD, cont’d.  Intent on the part of the defendant to deceive the alleged victim  Intent to get information which will harm the victim  “Malware” – malicious software/ malicious intent  Justifiable reliance by the alleged victim on the statement, and  Injury to the alleged victim as a result.  Victim is harmed 5
  • 6. Wanda Borges | wborges@borgeslawllc.com CYBER FRAUD  The attempt to get information to create fraudulent transactions is everywhere! We’ve almost become immune to the labels. “Phishing”, “Hacking”, and “Malware”.  These are activities to get access, connections, and information to create a transaction where an entity can profit from an unauthorized or illegal activity.  Cyber security refers to the body of technologies, processes, and practices designed to protect networks, devices, programs, and data from attack, damage, or unauthorized access. Cyber security may also be referred to as information technology security. 6
  • 7. SPEARPHISHING  The fraudulent practice of sending emails ostensibly from a known or trusted sender in order to induce targeted individuals to reveal confidential information.  Appears to Come from a Trusted Source  BANKS  COLLEAGUES  FRIENDS
  • 8. Wanda Borges | wborges@borgeslawllc.com Email, Phishing and Messaging  Phishing is a social engineering attack that uses email or messaging the same way that bait is used to catch a fish.  Cyber attackers send millions of emails in hopes that someone will take the bait. The emails attempt to fool you into taking action, such as clicking on a link or opening an attachment or completing a form.  Example is a message requiring immediate action, such as threatening to close down your online account or fining you large amounts of money.  A more sophisticated method, called spear phishing, targets individuals.  Finance department personnel is targeted with a fake invoice request.  Shipping department personnel is targeted with a fake purchase order  These attacks are harder to detect. 8
  • 9. Wanda Borges | wborges@borgeslawllc.com Suspicious Signs of Phishing Attacks:  Messages addressed to Dear Customer, or other generic greeting.  Messages requesting immediate action, or sense of urgency, such as threatening to close your account.  Messages claiming to be from official organization, but have spelling or grammar mistakes, or come from a Gmail, Yahoo or Hotmail account.  Messages requesting highly sensitive information, such as credit card number or password.  Messages from an email you recognize, but the tone is strange or unusual sense of urgency. Call to verify the person really sent the request. 9
  • 10. Wanda Borges | wborges@borgeslawllc.com Phishing Attack Signs:  Before clicking on a link, hover your mouse cursor over the link to display its true destination, so you can confirm you are being directed to a legitimate website.  On many mobile devices, pressing and holding the link will also show you the true destination.  Type website’s address into browser to see if it’s valid.  When messages have attachments, only open attachments you have been expecting or you know are from a legitimate source.  Be careful with Email “Reply All” feature. 10
  • 11. Wanda Borges | wborges@borgeslawllc.com  Highest Vulnerability – Small & Mid-Sized Business  Sometimes informal nature  Fewer Staff Members  Lack of Checks & Balances  Large Companies are not invulnerable.  Working Remotely VULNERABILITY 11
  • 12. Wanda Borges | wborges@borgeslawllc.com CYBERSECURITY DURING COVID-19 12
  • 13. Wanda Borges | wborges@borgeslawllc.com  National Cyber Awareness System Alert (released March 13, 2020)  Remote work options – or – telework  Require an enterprise virtual private network (VPN) to connect employees to an organization’s information technology (IT) network Department of Homeland Security 13
  • 14. Wanda Borges | wborges@borgeslawllc.com  More vulnerabilities are being found and targeted by malicious cyber actors  VPNs are 24/7 – organizations are less likely to keep them updated with the latest security updates and patches  Malicious cyber actors may increase phishing emails targeting teleworkers to steal their usernames and passwords  Organizations that do not use multi-factor authentication (MFA) for remote access are more susceptible to phishing attacks CYBER-INFRASTRUCTURE CONSIDERATIONS 14
  • 15. Wanda Borges | wborges@borgeslawllc.com  Update VPNs, network infrastructure devices, and devices being used to remote into work environments with the latest software patches and security configurations  Alert employees to an expected increase in phishing attempts  Ensure IT security personnel are prepared to ramp up the following remote access cybersecurity tasks:  Log review  Attack detection  Incident response  Implement MFA on all VPN connections to increase security. If not MFA – use strong passwords  Ensure IT security personnel test VPN limitations to prepare for mass usage CISA (Cyber Infrastructure) RECOMMENDATIONS 15
  • 16. Wanda Borges | wborges@borgeslawllc.com  Remember that your IT systems and IT staff will be stressed in unprecedented manners – so you need to be very self-aware  Make sure all employees have clear and concise instructions  All laptops/computers MUST have a strong password  Employees should only work from home or other SAFE environment  What employees should do if laptop/equipment is lost, stolen or breaks  You may not want outsiders working on laptops that have remote access  Verify all Corporate information provided by customers  Monitor Employees  Log in check or monitoring logins  Be cautious of any “instructions” from higher-ups. These could be false Best Practices for Remote/Telework 16
  • 17. Wanda Borges | wborges@borgeslawllc.com Working Remotely during COVID-19  Only use organization approved devices while working remotely.  Only allow authorized persons to use devices  Don’t lend your device to anyone you don’t absolutely trust  Lock device with PIN code.  Make sure browser and email are using encryption when connecting to internet.  If device supports VPN capabilities, you may be required to use them.  Protect device by regularly updating OS and applications.  Never allow others to connect their devices (phones/USB drives) to your laptop. 17
  • 18. Wanda Borges | wborges@borgeslawllc.com Protecting Your Personal Computer  Always be sure your devices have the latest patches and are running the latest versions of any programs installed.  Enable automatic updates on your computer and mobile devices.  If you are no longer using a program, uninstall it.  Ensure your browser Plug Ins are up to date.  Consider using browser in “Private Mode” to protect information:  Will not record and track websites you visit  Will not cache website content  Usually wipes any cookies stored on your system  Enable firewall and use updated anti-virus software.  Only protects and stops known malware. New malware is constantly being developed.  Perform daily backup 18
  • 19. Wanda Borges | wborges@borgeslawllc.com YOU ARE THE SHIELD  Why is security awareness training so important to your organization?  Your actions have a direct impact on the security of your organization.  Everyone is responsible for protecting data and information in our organizations, not just the Help Desk and IT team members.  Security awareness training skills learned at work can be used at home.  Cyber attacks can happen any time and anywhere.  While technology can help, you are ultimately the best Defense 19
  • 20. Wanda Borges | wborges@borgeslawllc.com Data Management Strategy  Identify the Data you need to protect  Implement methods to encrypt data at rest  Limit the number of users who have access 20
  • 21. Wanda Borges | wborges@borgeslawllc.com Data Security  Data security is everyone’s responsibility.  Includes how we securely store, access, process, transmit, archive and ultimately destroy sensitive information.  Follow procedures to make sure we are in compliance with company policies, regulations and standards intended to protect information. 21
  • 22. Wanda Borges | wborges@borgeslawllc.com Data Security (cont.)  If someone calls or emails asking for sensitive information, authenticate the person first using approved procedures.  When sending information, use secure methods to make data inaccessible to unauthorized users, such as using strong encryption.  Use of removeable media or portable electronic devices, such as USB Flash Drives or external hard drives.  Only use them with prior approval and encrypt sensitive data with approved encryption software.  Protect these devices, because they can be used by cyber attackers to infect computer systems.  If working with 3rd party vendor, need to know that data is protected. 22
  • 23. Wanda Borges | wborges@borgeslawllc.com Ways You Can Support Data Security:  Recognize sensitivity of information we are working with.  Expected to know and respect boundaries  Only use systems authorized by organization to handle sensitive information.  Do not copy or store to unauthorized system or account, such as personal laptop or email account.  Only used licensed software.  Cloud services are not to be used for storing sensitive information unless you have prior approval.  Secure sensitive information in physical form, such as keeping documents on desk in a folder and storing in locked cabinet when leaving.  Use screen lock on computer when leaving computer. 23
  • 24. Wanda Borges | wborges@borgeslawllc.com Data Storage  Designated secure storage location  USB  NOT on personal laptops 24
  • 25. Wanda Borges | wborges@borgeslawllc.com Cloud Services  Outside service provider to store, manage or process our data.  Reason it’s called “The Cloud” is because you never know where the data is physically stored.  Creating documents on Google Docs  Sharing files via Drop Box or Microsoft’s One Drive  Storing pictures in Apple’s iCloud  Cloud services help us to be more productive but have more risks. 25
  • 26. Wanda Borges | wborges@borgeslawllc.com Steps to Follow When Using Cloud Services: 1. Get permission before using any Cloud technologies. 2. Only use organization approved Cloud vendors. 3. Follow policies on what information can and can’t be stored in Cloud and with whom you it can be shared. 4. Beware of type of data you are storing. Some data is protected by legal, regulatory or contractual obligations, which prohibit storage of that data on unverified systems or in foreign countries. 5. Secure work-related data by never copying and storing on your personal Cloud account. 6. Be extremely conservative as to who can access business Cloud accounts 7. Use a unique password for each of your Cloud accounts. 8. Configure your Cloud account to a Default setting of not sharing any files with anyone, then only share specific files with specific people or groups of people, and only for as long as they need the files. 9. Run up to date anti-virus software and scan files you have accessed through the cloud before you use them. 10. Always ask Supervisor if you are not sure what Cloud services are allowed. 26
  • 27. Wanda Borges | wborges@borgeslawllc.com Data Retention  Records are an asset that help us run our operations, maintain internal control and satisfy legal responsibilities.  Records can be paper or electronic  Paper - Invoices, reports  Electronic – customer records in database, email or voice mail  Be aware of record retention and requirements that apply to the particular type of work you do.  Often stated in formal company policies or regulations  Email is considered just as legally binding as paper letter. 27
  • 28. Wanda Borges | wborges@borgeslawllc.com Data Retention (cont’d.)  Use Email as a tool for documenting activity.  Be mindful that any record you make could be discovered thru litigation or leaked to the public.  Before you send an email or text message, pause and ask yourself how it would appear if it were produced in court or printed in newspaper.  Never assume the deletion of an electronic record will be the end of it.  Can be found through backups.  Forensic computer geeks can find items even if purged at the desktop  Destroy records when no longer needed or required.  Do not condone destruction, falsification or concealment of records for the purpose of covering up illegal or embarrassing conduct.  Such cover ups could subject you and your organization to ridicule and punishment.  In litigation this is defined as spoliation of evidence  Securely dispose of sensitive documents; shred or dispose in authorized shred bins.  For digital data, use appropriate method (specialized software or physically crippled or destroyed). 28
  • 29. Wanda Borges | wborges@borgeslawllc.com Data Transmission  Use only secure communications networks  Do NOT use public Wi-Fi for company business  Encrypt documents being transmitted  Common Encryption tools  56-bit DES  128-bit AES encryption 29
  • 30. Wanda Borges | wborges@borgeslawllc.com Video Conferencing  Keep your staff engaged.  Conduct Video conference calls weekly or more often  Make sure the site is secure for video conferencing  Look for the lock next to the web address  Do NOT use public Wi-Fi for company business  Encrypt documents being transmitted 30
  • 31. Wanda Borges | wborges@borgeslawllc.com Access Controls  Reset passwords  Passwords should be longer than 12 characters  Include upper and lower case  Include at least 1 symbol  If possible, use a password manager  Enable two factor authentication for all your critical financial services 31
  • 32. Wanda Borges | wborges@borgeslawllc.com Passwords Tips for strong passwords:  Make passwords long – every character makes it stronger & more secure  Hard to guess – avoid public information, like birth date, pet’s names or anything you may have shared on social media  Easy to remember  Use a Pass Phrase – multiple words with letters, numbers, symbols  Example “Wher3ismyph0ne?”  Use a unique different password for each account.  If one account gets hacked, your others will be safe 32
  • 33. Wanda Borges | wborges@borgeslawllc.com Passwords (cont.)  Use password manager – program that securely stores passwords and you only have to remember one strong password.  Check with IT team if authorized  Password is secret – don’t share with anyone else.  For sites that require security questions, use questions that only you know answers to. Try to use information not publicly known.  Use two-step verification process when possible; security codes that are emailed or texted. 33
  • 34. Wanda Borges | wborges@borgeslawllc.com Browsing Safely  Plug Ins or Add Ons are small pieces of software added to browsers that are used for additional features, such as playing games, watching movies, or text editing.  Every Plug In adds additional vulnerabilities. Only add if absolutely needed and if you have prior approval. Keep Plug Ins updated to latest version.  When finished with a website, be sure to log off. This removes sensitive login and password information before closing the browser.  Safe browsing strengthens your shield! 34
  • 35. Wanda Borges | wborges@borgeslawllc.com Hacked  Hackers are extremely persistent. The faster you can recognize the signs of a hacked system, and the faster you notify someone for support, the less damage the cyber hackers can do.  Most common signs of a hacked computer:  Icons start to disappear as computer is starting up  Anti-virus has triggered an alert that system is infected  unable to remove or quarantine infected files  You get pop up message that says computer is now encrypted and you must pay a ransom to recover it  Your computer is infected, and you must call a tech representative to fix it  There are new accounts on your device that you did not create, or  There are new programs running that you did not install. 35
  • 36. Wanda Borges | wborges@borgeslawllc.com Report These Conditions Immediately:  Browser is taking you to unwanted or random websites and you cannot close them.  Your password no longer works. Cyber attackers will change your password after they hack in, so they maintain control.  Friends or coworkers are receiving odd messages from you that you know you never sent.  Mobile device is causing unauthorized charges to premium SMS numbers, or has unexplained very high data or battery usage.  You can accidentally install suspicious software from a pop-up ad.  Do NOT attempt to fix yourself. Contact Help Desk or IS team ASAP. 36
  • 37. Wanda Borges | wborges@borgeslawllc.com Malware  Software that is used to perform malicious actions on any operating system  Viruses, Trojans, Worms or Ransomware  Malware is commonly used to:  Silently watch or spy on your online activities  Capture every keystroke to steal your passwords and files (Key Logger)  Use your system to attack others.  Ransomware - encrypts and locks your files and demands a ransom  No guarantee you will get your files back if you pay.  If you don’t have backups, your data can be permanently gone.  Best defense against Malware is common sense. If something seems odd or suspicious or too good to be true (lottery), it may be a cyber attack. 37
  • 38. Wanda Borges | wborges@borgeslawllc.com Mobile Device Security  Mobile devices hold a great deal of personal and sensitive information.  Always keep track of your mobile devices  Always protect device with screen lock, swipe pattern or fingerprint.  Enable remote wiping if available; allows you to erase information if your device is lost or stolen.  Always use latest OS for your device and keep it updated.  Never jail break or hack your mobile device; device may no longer be supported & this disables many security features designed to protect you.  Disable Wi-Fi and Bluetooth while not in use  protects device from automatically connecting to dangerous networks  Improves battery life 38
  • 39. Wanda Borges | wborges@borgeslawllc.com Mobile Device Apps  Choose mobile apps from trusted sources  only install what you need.  Before downloading app, check out how many people use an app and its reviews (negative or positive?).  Ensure it is authorized for work and that it does not ask for excessive permissions.  Always keep mobile apps updated with latest version.  If mobile device is lost, notify IT team immediately. 39
  • 40. Wanda Borges | wborges@borgeslawllc.com 40 COVID-19 Impact on Businesses and Employees
  • 41. Wanda Borges | wborges@borgeslawllc.com Families First Coronavirus Response Act  Signed into law on March 18, 2020.  New leave benefits provided for in Act must be offered within 15 days of enactment - April 2, 2020.  Emergency Sick Leave Benefit: FFCRA requires changes to sick leave benefits during COVID-19 public health emergency, i.e., now through the end of 2020  FMLA Change: During the coronavirus public health emergency (i.e., now through the end of 2020) FFCRA changes the applicability of the Family Medical Leave Act for this new type of leave from employers having 50 or more employees to employers having less than 500 employees “because of a qualifying need related to a public health emergency.” 41
  • 42. Wanda Borges | wborges@borgeslawllc.com Employee Paid Leave Rights  All employees of covered employers are eligible.  80 hours of paid sick leave at regular rate due to quarantine, or COVID-19 symptoms  80 hours of paid sick leave at 2/3rds regular rate due to need to care for an individual  Quarantine  School age or other child  Employer cannot require employees to use alternative forms of PTO prior to invoking this emergency paid sick leave. 42
  • 43. Wanda Borges | wborges@borgeslawllc.com Employers and Employees Under the FFCRA  Covered Employers: Paid Sick Leave and Expanded Family and Medical Leave Provisions of the FFCRA apply to  Certain Public Employers  Private Employers with few than 500 employees  Small Businesses with few than 50 employees may qualify for exemption if the leave requirements would jeopardize the viability of the business as a going concern  Eligible Employees: All employees of covered Employers are eligible for two weeks of paid sick time for specified reasons related to COVID-19  Employees employed for at least 30 days are eligible for up to an additional 10 weeks of paid family leave to care for a child under certain circumstances related to COVID-19 43
  • 44. Wanda Borges | wborges@borgeslawllc.com Qualifying Reasons for Leave  If an employee is unable to work (or unable to telework) due to a need for leave because the employee:  Is subject to a Federal, State or local quarantine or isolation order related to COVID-19  Has been advised by a health care provider to self-quarantine related to COVID-19  Is experiencing COVID-19 symptoms and is seeking a medical diagnosis  Is caring for an individual subject to an order described in (1) or self-quarantined as described in (2)  Is Caring for a child whose school or place of care is closed (or childcare provider is unavailable) for reasons related to COVID- 19;  Is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury 44
  • 45. Wanda Borges | wborges@borgeslawllc.com Coronavirus Rescue Package NOT SIGNED INTO LAW YET  $2 trillion  Big Businesses: $550 billion to back loans and assistance to companies, including $50 billion for loans to U.S. airlines, as well as state and local governments  Small Businesses: $350 billion to aid small businesses  Hospitals: $150 billion for hospitals and other health-care providers for equipment and supplies  Individuals: $1,200 for each adult and $500 for each child FOR LOWER AND MIDDLE-INCOME AMERICANS  Unemployed: Unemployment insurance extension to four months, bolstered by $600 weekly. 45
  • 46. Wanda Borges | wborges@borgeslawllc.com Questions? Wanda Borges, Esq. Borges & Associates, LLC 575 Underhill Blvd. Syosset, NY 11791 516-677-8200 x225 wborges@borgeslawllc.com 46 BARR Credit Services 5151 E Broadway Blvd. Suite 800 Tucson, AZ 85711 520-745-8701 Barrcredit.com info@barrcredit.com
  • 47. Wanda Borges | wborges@borgeslawllc.com 47 ABOUT- WANDA BORGES  WANDA BORGES, the principal member of Borges & Associates, LLC., has been specializing in commercial insolvency practice and commercial litigation representing corporate clients throughout the United States for forty years.  She is admitted to practice before the courts of the State of New York and the United States District Court for the Southern, Eastern, Northern and Western Districts of New York, the United States District Court for the District of Connecticut, the United States District Court for the Eastern District of Michigan, the Second Circuit Court of Appeals and the Supreme Court of the United States. She is a member of several professional organizations, including the American Bar Association, American Bankruptcy Institute. As a member of the Commercial Law League of America, she is a Past President of the League, is a Past Chair of its Bankruptcy Section, is a past Chair of the Creditors’ Rights Section and currently serves on the Bankruptcy Section and Creditors’ Rights Section Executive Council She is the current Chair of the Board of Associate Editors for the Commercial Law World and other CLLA publications. She is the President of the CLLA Fund for Public Education.
  • 48. Wanda Borges | wborges@borgeslawllc.com 48 ABOUT- WANDA BORGES  She is a regular lecturer for the National Association of Credit Management (NACM) and its various affiliates. She has prepared and continues to update courses on "Advanced Issues in Bankruptcy", "Basics in Bankruptcy", "Current Cases in Bankruptcy", "Creditor's Committees", "Credit and Collection Issues", Sarbanes-Oxley Act of 2002, “Litigation Issues” and "Antitrust Issues" which have been presented at past NACM Annual Credit Congresses and at trade credit association meetings. Even prior to the passage of the “Red Flags Rule”, Ms. Borges worked with the NACM and the FTC to determine the applicability of the Rule to business creditors. Ms. Borges has prepared and presents seminars on the Red Flags compliance issues for the NACM, its various affiliates, corporations, collection agencies and various other organizations. Ms. Borges is a faculty member for the NACM's Graduate School of Credit and Financial Management at Dartmouth College. Ms. Borges has been a faculty member for the National Institute on Credit Management, a program jointly sponsored by the Commercial Law League of America and the National Association of Credit Management.
  • 49. Wanda Borges | wborges@borgeslawllc.com 49 ABOUT- WANDA BORGES  She has been a regular lecturer for the American Management Association on the Uniform Commercial Code and Fundamentals of Business Law for the Non- Lawyer, and for both the American Management Association, the Media Financial Management Association (formerly the Broadcast Cable Financial Management Association) and the Broadcast Cable Credit Association on Creditor's Rights in Commercial Litigation and Bankruptcy Matters. Additionally, she has presented seminars and webinars for the National Conference of Bankruptcy Judges, the American Bankruptcy Institute, The Commercial Law League of America, The International Association of Commercial Collectors, various local and national Bar Associations, Thomson West Publishing Company, the New York State Food Service Distributors Association and Riemer Reporting Service.  Ms. Borges frequently presents live seminars, tele-seminars and webinars for various trade credit groups, many of whom are managed by NACM Affiliate Associations. Additionally, she has prepared and presented these educational programs for the American Automotive Leasing Association, the National Chemical Credit Association, the National Cement Trade Credit Group, the Health Industry Manufacturers Association, the Beauty and Barber Manufacturers Credit Association, the New Hampshire Association of Broadcasters and the Credit Association for Satellite History.
  • 50. Wanda Borges | wborges@borgeslawllc.com 50  She has served as the Managing Editor and still is one of the contributing authors of the Manual of Credit and Collection Laws published by the National Association of Credit Management and is a contributing author to its Principles of Business Credit.. She is a member of NACM’s Editorial Advisory Committee. She is an Associate Editor for the Commercial Law League of America's magazine “The Commercial Law World” and has contributed to the CLLA’s Law Journal and the Bankruptcy Section Newsletter. Her treatise Hidden Liens: Who is Entitled to What? was published in the Fall, 1998 Edition of the Commercial Law Journal. She has authored Antitrust, Restraint of Trade and Unfair Competition: Myth Versus Reality, published by the NACM. Ms. Borges is the lead author and Editor-in-Chief of Enforcing Judgments and Collecting Debts in New York published by Thomson West Publishing Company and updated annually. She routinely publishes articles for the National Association of Credit Management “Business Credit” magazine and has published articles for its “Fraud Prevention News”. Upon the passage of the BAPCPA in 2005, Ms. Borges prepared and presents educational programs on this new legislation and co-authored The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 – An Overhaul of U.S. Bankruptcy Law, published by the NACM. ABOUT- WANDA BORGES
  • 51. Wanda Borges | wborges@borgeslawllc.com 51  She has published articles for the Broadcast Cable Credit Association "Creditopic$" and continues to publish articles for the “The Financial Manager” on Commercial Creditors' Rights in Bankruptcy, Bankruptcy issues generally, the FTC’s Red Flags Rule, the ECOA and Regulation B, Electronic Invoicing, "Dot Com" Businesses, and on Advertiser/Agency Liability; and has prepared the "white paper" on the discontinuance of notarization of broadcast invoices. She is a co-author of the National Association of Broadcasters' book Out of the Red and into the Black, as well as the Broadcast Cable Credit Association's Credit & Collection Handbook. Ms. Borges has appeared as a guest on the Fox News Channel program, "Fox on Consumers", speaking on consumer bankruptcy exemptions. In February 2010, Ms. Borges prepared and presented a program entitled “Avoiding Bankruptcy Pitfalls: Creditors’ Rights and Professional Obligations in Bankruptcy Proceedings” for the Georgia Bar Association and the Institute of Continuing Legal Education in Georgia” which was televised live and telecasted to satellite locations throughout the State of Georgia. ABOUT- WANDA BORGES
  • 52. Wanda Borges | wborges@borgeslawllc.com 52  She has conducted "in-house" seminars on credit, collection, secured transactions and insolvency for corporate clients such as Agrium, Inc., Bristol-Myers Squibb, Burlington Industries, Inc., Cosmair, Inc., Doric Enterprises, Ferguson Enterprises, Inc., Ingram, Mars Incorporated, McKesson Corporation, Mobil Chemical Company, Multi-Arc Corp., Pfizer Inc., R.J. Reynolds Tobacco Company, Sandvik, Inc., Sharp Electronics Corporation, Simon & Schuster Corp., SONY Corporation, Southeastern Freight Lines, Inc., Stanley Works, Sumitomo Corporation and SunTrust Bank.  She is a past Chair of the Board of Trustees of Mercy College and served as a member of that board for nine years. She has served on the board of RegentsCollege andd has taught Business Law at Seton College in Westchester County, New York. She is a past Chair of the Broadcast Cable Financial Management Association. ABOUT- WANDA BORGES
  • 53. Wanda Borges | wborges@borgeslawllc.com 53  Ms. Borges actively participates in community events. She is a Leader of Song and has directed the Youth Music Ministry at her parish, Our Lady Star of the Sea. She remains a member of the Fairfield County Chorale for which she served as its president for the years 1995 through 1997, Executive Vice-President of the Fairfield County Chorale during the years 2012 through 2013 and served several years as a director on its Board.  She received the "Human Valor" Award by Noticias del Mundo, a New York based spanish-language newspaper in 1985, the Mercy College Alumni Association's "Professional Achievement" Award in 1991, honorary membership in Delta Mu Delta - The National Honor Society in Business Administration - in May, 1995 and in October, 1996, was awarded the Mercy College Trustee's Medal for outstanding dedication to her profession and alma mater. She is listed in Who's Who of American Women. In September 2000 she was named one of the "50 Outstanding Alumni" of Mercy College. In February 2001 she received the "Career Achievement Award" from the Broadcast Cable Credit Association. In May 2004, she received the “Strength in Numbers Recognition Certificate” from the NACM. In December 2006, she was named one of “2006 Top25 Most Influential Collection Professionals” by Collection Advisor Magazine. Ms. Borges was recently inducted into Mercy College’s Alumni Hall of Fame celebrating its 60th year in existence. In November 2010, Ms. Borges received the “Robert E. Caine Award for Leadership” from the Commercial Law League of America. Ms. Borges has been included on the New York Super Lawyers – Metro Edition list (Bankruptcy & Creditor/Debtor Rights) each year since 2009. Ms. Borges received a “Woman of Distinction” Award from St. Catharine Academy in April 2015. ABOUT- WANDA BORGES