News & Analysis as of September 25, 2024

Securities Regulation

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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... more +

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 -

SEC Cybersecurity Incidents Disclosures: Materiality, Decryptors, and Ransom Payments - Dear Mary – Incidents + Investigations...

Troutman Pepper on 9/11/2024

I work for a public company that recently experienced a ransomware attack. Fortunately, we were able to restore our business operations quickly by obtaining a decryption key from the threat actor. Given that we managed to get...more

New York Federal Court Refuses to Extend Accounting Controls Requirements to Cybersecurity Controls

Steptoe & Johnson PLLC on 8/8/2024

Section 13(b)(2)(B) of the Securities Exchange Act of 1934 requires public companies to “devise and maintain a system of internal accounting controls.” In a recent opinion, a New York federal court rejected the Securities...more

Takeaways From the Dismissal of SEC Claims Against SolarWinds and Its CISO

Skadden, Arps, Slate, Meagher & Flom LLP on 8/8/2024

The U.S. District Court for the Southern District of New York has dismissed many of the Securities and Exchange Commission’s (SEC’s) claims against software development company SolarWinds and its chief information security...more

Public Companies Quarterly Update (Q2 2024)

Saul Ewing LLP on 8/2/2024

Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to...more

SEC Suffers Major Blow in Securities Fraud Case Against SolarWinds

The Volkov Law Group on 7/23/2024

A New Your federal district judge handed down a significant decision dismissing much of the SEC’s securities fraud enforcement action against SolarWinds arising from its claims relating to SolarWinds’ cybersecurity policies,...more

SEC Issues Additional Guidance Regarding Cybersecurity Incident Disclosure

Troutman Pepper on 7/17/2024

On June 24, the staff of the U.S. Securities and Exchange Commission's (SEC) Division of Corporation Finance (Division of Corporation Finance) released five new Compliance & Disclosure Interpretations (C&DIs) relating to the...more

SEC Issues Additional Guidance on Form 8-K Cybersecurity Disclosures

Wyrick Robbins Yates & Ponton LLP on 7/15/2024

The Securities and Exchange Commission (the “SEC”) has issued five compliance and disclosure interpretations related to the disclosure of material cybersecurity incidents under Item 1.05 of Form 8-K....more

SEC Corporation Finance Provides Additional Guidance on the Disclosure of Material Cybersecurity Incidents in Form 8-K

Alston & Bird on 7/11/2024

On June 24, 2024, the Division of Corporation Finance (“Corp Fin”) of the Securities and Exchange Commission (“SEC”) issued five new Compliance and Disclosure Interpretations (“C&DIs”) related to the disclosure of “material”...more

SEC Settlement Suggests the Agency’s Attempt to Regulate Cybersecurity Controls

Alston & Bird on 7/2/2024

Does the R.R. Donnelley settlement mean heightened Securities and Exchange Commission (SEC) involvement in regulating public companies’ cybersecurity policies and practices? Our Securities Litigation, Privacy, Cyber & Data...more

Client Alert: The SEC’s Approach to Cybersecurity Disclosure Decisions

Jenner & Block on 6/27/2024

The SEC’s Director of Corporation Finance, Erik Gerding, recently issued two statements regarding a public company’s disclosure obligations in response to a cybersecurity incident. These remarks follow the adoption of the...more

Just In! More Guidance on Material Cybersecurity Incidents (Item 1.05 of Form 8-K)

Bass, Berry & Sims PLC on 6/25/2024

On June 24, the Securities and Exchange Commission (SEC) released five additional Compliance and Disclosure Interpretations for Item 1.05 of Form 8-K (Material Cybersecurity Incidents). These interpretations provide...more

SEC Releases New 8-K CDIs for Item 1.05 - Cybersecurity Incidents

Fenwick & West LLP on 6/25/2024

On June 24, 2024, the SEC released five new CDIs on Material Cybersecurity Incidents. Please see a high-level summary below...more

SEC Announces New Cybersecurity Interpretations

Mayer Brown Free Writings + Perspectives on 6/25/2024

The SEC’s Division of Corporation Finance yesterday published five new Compliance and Disclosure Interpretations, or “C&DIs,” all concerning Item 1.05 of Exchange Act Form 8-K, Disclosure of Cybersecurity Incidents....more

Corporation Finance Director Speaks to Information Sharing Following Cybersecurity Disclosure

Stinson - Corporate & Securities Law Blog on 6/24/2024

Erik Gerding, Director, SEC Division of Corporation Finance, issued a statement to clear up misconceptions following filing of an 8-K disclosing a cybersecurity incident....more

Living in a Material World: SEC Clarifies Expectations Regarding Form 8-K Disclosure of Material Cybersecurity Incidents

Wyrick Robbins Yates & Ponton LLP on 6/18/2024

Last month, the Director of the Division of Corporation Finance (“Director”) of the Securities and Exchange Commission (“SEC”) issued new guidance regarding disclosures of material cybersecurity incidents via Form 8-K under...more

Director of Division of Corporation Finance Issues Guidance on Disclosure of Cybersecurity Incidents under Form 8-K

Troutman Pepper on 6/5/2024

On May 21, 2024, Erik Gerding, the director of the Division of Corporation Finance of the Securities and Exchange Commission (SEC), released a statement containing guidance for public companies regarding the disclosure of...more

SEC Expands Security and Breach Notification Requirements for Investment Firms

Wilson Sonsini Goodrich & Rosati on 5/31/2024

On May 16, 2024, the U.S. Securities and Exchange Commission (SEC) announced that it had adopted final amendments to its Regulation S-P (the Rule or Amended Rule), which governs “covered financial institutions’” treatment of...more

SEC Staff Makes Clear That Cybersecurity Incident Disclosures Under Item 1.05 of Form 8-K Should Be Limited to Material...

Goodwin on 5/30/2024

On May 21, 2024, Erik Gerding, director of the Division of Corporation Finance of the U.S. Securities and Exchange Commission (SEC), issued a statement with clarifying guidance on cybersecurity incident disclosure under Item...more

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Cybersecurity › Securities and Exchange Commission (SEC) › Securities Regulation

SEC Cybersecurity Incidents Disclosures: Materiality, Decryptors, and Ransom Payments - Dear Mary – Incidents + Investigations...

New York Federal Court Refuses to Extend Accounting Controls Requirements to Cybersecurity Controls

Takeaways From the Dismissal of SEC Claims Against SolarWinds and Its CISO

Public Companies Quarterly Update (Q2 2024)

SEC Suffers Major Blow in Securities Fraud Case Against SolarWinds

SEC Issues Additional Guidance Regarding Cybersecurity Incident Disclosure

SEC Issues Additional Guidance on Form 8-K Cybersecurity Disclosures

SEC Corporation Finance Provides Additional Guidance on the Disclosure of Material Cybersecurity Incidents in Form 8-K

SEC Settlement Suggests the Agency’s Attempt to Regulate Cybersecurity Controls

Client Alert: The SEC’s Approach to Cybersecurity Disclosure Decisions

Just In! More Guidance on Material Cybersecurity Incidents (Item 1.05 of Form 8-K)

SEC Releases New 8-K CDIs for Item 1.05 - Cybersecurity Incidents

SEC Announces New Cybersecurity Interpretations

Corporation Finance Director Speaks to Information Sharing Following Cybersecurity Disclosure

Living in a Material World: SEC Clarifies Expectations Regarding Form 8-K Disclosure of Material Cybersecurity Incidents

Director of Division of Corporation Finance Issues Guidance on Disclosure of Cybersecurity Incidents under Form 8-K

SEC Expands Security and Breach Notification Requirements for Investment Firms

SEC Staff Makes Clear That Cybersecurity Incident Disclosures Under Item 1.05 of Form 8-K Should Be Limited to Material...

Regulatory Roundup for May 2024

Final Amendments to Regulation S-P under Securities Exchange Act of 1934

New SEC guidance on cybersecurity incident disclosures

SEC Corporation Finance Director Voluntarily Weighs in on Cybersecurity Incident Disclosures

Corp Fin Issues Guidance on Disclosure of Cybersecurity Incidents

Avoiding Cybersecurity Incident Overdisclosure: Helpful Guidance

SEC Director of Corporation Finance Speaks to Cybersecurity Disclosures

Cybersecurity › Securities and Exchange Commission (SEC) › Securities Regulation

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