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Judge Rejects SEC’s Aggressive Approach to Cybersecurity Enforcement

On July 18, 2024, a New York federal judge dismissed most of the US Securities and Exchange Commission’s ("SEC") claims against SolarWinds Corp. ("SolarWinds" or the "Company") and its Chief Information Security Officer...more

Key Considerations for Updating 2023 Annual Report Risk Factors

With the 2023 annual report season upon us, it is time for companies to take stock of risk factors for 10-Ks and 20-Fs, and consider whether recent economic, political, technological, and regulatory developments have had (or...more

The CPPA Issues Statement of Reasons for the California Privacy Rights Act Regulations Providing Guidance on Implementing the CCPA

After a delay of eight months, the California Privacy Rights Act Regulations (CPRA) (the "Regulations") were finalized in late March of this year. The Regulations remain unchanged from the final modified version of the draft...more

Cybersecurity Developments and Legal Issues

For most large companies, a frictionless flow of information and the ability to transfer customer data, employee files, financial records and other information around the world quickly and cost-effectively is a critical...more

Upcoming California Privacy Rights Act: Key Compliance Tasks for California Employers

California employers' reprieve from obligations to employees to disclose data privacy practices and provide access rights to employees appears to be coming to an end as the California Privacy Rights Act (CPRA) becomes...more

SEC Proposes Mandatory Cybersecurity Disclosure Rules

On March 9, 2022, the Securities and Exchange Commission ("SEC") proposed rules that would require public companies to make prescribed cybersecurity disclosures. The proposed rules would "strengthen investors' ability to...more

Time to Revisit Risk Factors in Periodic Reports

Ninth Circuit Decision Highlights Importance of Updating Risk Factors to Address Material Developments, including those relating to Cybersecurity Risks. As companies prepare their periodic reports with the SEC, a recent...more

Ensuring an Effective Cybersecurity Program: Best Practices from the SEC and OCIE

The Securities and Exchange Commission (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) recently released a report summarizing best practices for securities market participants, including public companies,...more

Navigating Privacy and Cyber Incident Notification and Disclosure Requirements

White & Case Technology Newsflash - Fulfilling a company's data breach and cybersecurity incident notification and disclosure requirements is an increasing challenge. Companies operating across industry sectors and around...more

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