News & Analysis as of September 18, 2024

Regulation S-K

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

Public Company Watch: June 2024

Paul Hastings LLP on 6/7/2024

In the June edition of our Public Company Watch, we cover key issues impacting public companies, including the recent SEC staff statement on cybersecurity disclosures in Form 8-K, structural defenses against shareholder...more

Double-Edged Disclosure: Navigating 10-K Season with the SEC’s New Cybersecurity Disclosure Rules

Vinson & Elkins LLP on 3/5/2024

Public companies are now required to comply with new cybersecurity disclosure requirements in their Annual Reports on Form 10-K for fiscal years ending on or after December 15, 2023. In preparing this cybersecurity...more

Corporate Annual Reporting Season is Here Again: Tips for Public Companies

Procopio, Cory, Hargreaves & Savitch LLP on 2/14/2024

It’s Annual Reporting season again for most public companies. The Securities and Exchange Commission (SEC) has released numerous new disclosure obligations for the upcoming filing period. Companies should take the time to...more

Public Companies Update: Reminders for the 2024 Form 10-K and Proxy Statement Filing Season

Smith Anderson on 1/19/2024

In this Client Alert, we highlight key considerations public companies should keep in mind when preparing their upcoming annual reports on Form 10-K and proxy statements, including rule changes, recent guidance and reporting...more

New Disclosure Requirements for Your Form 10-K

K&L Gates LLP on 1/17/2024

After a prolific year of rulemaking for the US Securities and Exchange Commission (SEC), public companies need to be aware of new disclosure requirements for their upcoming Form 10-K filings for the fiscal year ended 31...more

The Crossroads of Cybersecurity and National Security: Delaying Disclosure of Incidents under the SEC’s New Cybersecurity Rule

Pillsbury Winthrop Shaw Pittman LLP on 1/15/2024

In recent guidance, the Department of Justice made clear that it will very rarely grant an extension of registrants’ deadline to disclose material cybersecurity incidents under the SEC’s Final Rules. Under the Securities and...more

Cybersecurity - Cracking the Code on Upcoming Disclosures

Goodwin on 1/11/2024

As annual reporting season begins, it is important to take a fresh look at the company’s governance and incident response processes and develop risk-informed and compliant disclosures. While many companies are understandably...more

Looking Ahead to the 10-K and Proxy Season

Husch Blackwell LLP on 1/9/2024

As the calendar year flips over to 2024, we want to remind registrants about several new rules that will impact disclosure for the 2023 Form 10-K and 2024 proxy season, update the status of some pending Securities and...more

Corporate Communicator - 2024 Annual Meeting Season

Snell & Wilmer on 1/2/2024

Clawback Rules. As previously discussed in last Winter’s Corporate Communicator, the Securities and Exchange Commission (“SEC") adopted final rules in October 2022 directing the NYSE and Nasdaq to adopt listing standards that...more

Public Companies Update – December One-Minute Reads

Cooley LLP on 12/22/2023

Share repurchase rules stayed, inching toward vacatur Our November One-Minute Reads addressed the US Court of Appeals for the Fifth Circuit holding that the Securities and Exchange Commission (SEC) violated the Administrative...more

Annual Report and Shareholder Meeting Season

Seward & Kissel LLP on 12/22/2023

This memorandum is for our Capital Markets clients in anticipation of the upcoming annual reporting and shareholder meeting season for 2024. Below you will find key filing deadlines, new disclosure requirements, and general...more

SEC’s New Rules for Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure Go into Effect

ArentFox Schiff on 12/21/2023

On December 18, 2023, the US Securities and Exchange Commission’s (SEC) new rules enhancing and standardizing disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by companies who...more

Public Company Update: Glass Lewis Releases Updated Guidelines for 2024 Proxy Season

Paul Hastings LLP on 11/20/2023

On November 16, 2023, proxy advisory firm Glass Lewis released its 2024 Proxy Voting Policy Guidelines. The new guidelines apply to shareholder meetings occurring after January 1, 2024. Unsurprisingly, many of Glass Lewis’s...more

Public Company Update: Things to Keep in Mind for the 2024 10-K Season

Paul Hastings LLP on 11/15/2023

As we head into year-end, annual reporting season is just around the corner. Over the past 12 months, the SEC has been active on the rulemaking front, resulting in numerous new disclosure obligations for issuers during the...more

Preparing for SEC’s New Cybersecurity Rules

Snell & Wilmer on 11/3/2023

On July 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) adopted final rules relating to enhanced cybersecurity disclosures, which became effective on September 5, 2023 (the “Final Rules”). Beginning in December...more

Addressing the SEC’s New Cybersecurity Risk Management, Strategy, Governance and Incident Disclosure Requirements

BakerHostetler on 10/27/2023

In July 2023, the SEC adopted new cybersecurity rules for the stated purpose of enhancing and standardizing disclosures regarding cybersecurity risk management, strategy, governance and incidents by public companies. The...more

Public Company Watch: October 2023

Paul Hastings LLP on 10/20/2023

In the October edition of our Public Company Watch, we cover key issues impacting public companies, including the SEC adopting rules modernizing beneficial ownership reporting and short sale reporting, and issuing new C&DIs...more

SEC Deals New Cybersecurity Disclosure Requirements to Public Companies

Carlton Fields on 10/3/2023

On July 26, 2023, the SEC adopted new cybersecurity rules, which have two top-line impacts. First, registrants must disclose material cybersecurity incidents promptly on Form 8-K. Second, registrants must disclose new...more

Securities Snapshot: 3rd Quarter 2023 - What You Need to Know About The SEC's Latest Rulemaking

Keating Muething & Klekamp PLL on 10/2/2023

The weather may be cooling down, but the Securities and Exchange Commission (“SEC”) did not cool down its pace of rulemaking during the third quarter of 2023. The SEC adopted its highly anticipated cybersecurity disclosure...more

Next Steps for Companies Ahead of December Deadline for SEC Cybersecurity Disclosures

Parker Poe Adams & Bernstein LLP on 9/29/2023

In less than three months, public companies and certain foreign private companies will have to take additional steps after cybersecurity breaches: deciding whether an incident meets the materiality threshold that requires...more

SEC Gives Finality on Cybersecurity Disclosures for Public Companies

Sheppard Mullin Richter & Hampton LLP on 9/28/2023

The SEC has now finalized its much anticipated rules for public companies’ cybersecurity disclosures. The final rules, published this month, require disclosure of certain cybersecurity incidents much sooner than under many...more

Public Company Watch: September 2023

Paul Hastings LLP on 9/22/2023

In the September edition of our Public Company Watch, we cover key issues impacting public companies, including the SEC’s new C&DIs and sample comment letter; considerations for issuers as they start their Form 10-Q...more

SEC Issues Final Rules on Cybersecurity Disclosures

Kelley Drye & Warren LLP on 9/13/2023

On July 26, 2023, in a 3-2 vote, the Securities and Exchange Commission (the “SEC”) adopted new rules (the “Final Rules”) for public companies that will require disclosures regarding cybersecurity incidents, as well as...more

SEC’s New Cybersecurity Rule—Including Key Disclosure Requirements

Smith Gambrell Russell on 8/30/2023

SGR would like to bring to your attention the recent development from the U.S. Securities and Exchange Commission (SEC) regarding cybersecurity regulations that impacts public companies subject to the reporting requirements...more

New SEC Rules Required Public Companies to Promptly Disclose Cyberattacks

Patterson Belknap Webb & Tyler LLP on 8/28/2023

On July 26, 2023, the Securities and Exchange Commission (the “SEC”) adopted rules requiring public companies to promptly disclose material cybersecurity breaches on Form 8-K and detailed information regarding their...more

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