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Undeterred by the SolarWinds Storm: SEC Charges Victims of Compromised Software

The SEC on Oct. 22, 2024, announced charges against four companies for allegedly making materially misleading disclosures concerning the impact of cybersecurity incidents associated with the compromised SolarWinds' Orion...more

Court in SolarWinds Case Blows Down SEC's Cyber Enforcement Authority

The U.S. District Court for the Southern District of New York on July 18, 2024, dismissed most of the SEC's landmark cyber enforcement litigation against SolarWinds Corp. (SolarWinds or the Company) and the Company's Chief...more

SEC Expands Scope of Internal Accounting Controls in Cybersecurity Breach Settlement

The SEC continues to expand its cybersecurity enforcement authority to include allegations that a company's failure to monitor its managed security service providers (MSSP) amounts to violations of federal securities laws....more

SEC Cyber Enforcement Update: Which Way Are the SolarWinds Blowing?

The SEC has been aggressively pursuing cybersecurity investigations and enforcement actions against public companies and foreign private issuers. In these actions, the SEC often alleges one of two theories: 1) that the...more

SEC Corporation Finance Director Voluntarily Weighs in on Cybersecurity Incident Disclosures

The U.S. Securities and Exchange Commission's (SEC) Division of Corporation Finance Director Erik Gerding released a statement on May 21, 2024, addressing Disclosure of Cybersecurity Incidents Determined to be Material and...more

SEC Cybersecurity Rules: Considerations for Incident Response Planning

The new Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure rules (Final Rules) adopted by the U.S. Securities and Exchange Commission (SEC) were published in the Federal Register on Aug. 4, 2023, and...more

SEC Finalizes Cybersecurity Incident and Governance Disclosure Obligations for Public Companies

The long-awaited U.S. Securities and Exchange Commission (SEC) cybersecurity rules for public companies have finally arrived. On July 26, 2023, a divided SEC adopted new rules requiring each public company to, among other...more

SEC Proposes Cybersecurity Incident and Governance Disclosure Obligations for Public Companies

Less than a month after the U.S. Securities and Exchange Commission (SEC) proposed substantial new cybersecurity requirements for investment advisers and registered investment companies, the commission unveiled a new slate of...more

SEC Issues First-Ever Penalties for Deficient Cybersecurity Risk Controls

The U.S. Securities and Exchange Commission (SEC) has launched a stunning salvo across the bows of public companies with its announcement of civil monetary penalties and a cease-and-desist order against First American...more

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