News & Analysis as of

Cyber Attacks Board of Directors

Alston & Bird

UK Government Publishes Cyber Governance Code of Practice for Boards and Directors

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On April 8, 2025, the UK government published the Cyber Code of Practice (the “Code”) to support board directors in governing cybersecurity risks. The Code is available online. The UK’s data protection regulator is actively...more

KPMG Board Leadership Center (BLC)

On the 2025 Board Agenda

The KPMG Board Leadership Center has published its annual message for directors that highlights nine issues for boards to keep in mind as they consider and carry out their 2025 agendas....more

Skadden, Arps, Slate, Meagher & Flom LLP

The Informed Board - November 2024

At what point has a director served too long? What about term limits? A mandatory retirement age? When do a director’s skills become stale? These issues are addressed in this issue of The Informed Board, as well as why proxy...more

Skadden, Arps, Slate, Meagher & Flom LLP

What Companies Can Do To Protect Against Cyberattacks … and the Litigation That Often Follows

Cyber threats continue to grow as a result of increased digitization, widespread use of cloud computing, advanced connectivity and artificial intelligence (AI), requiring boards of directors across all sectors to focus more...more

A&O Shearman

Undeterred By Recent Court Loss, SEC Charges Four Companies With Inadequate Cyber Disclosures In The Aftermath Of SolarWinds...

A&O Shearman on

On October 22, 2024, the SEC announced that it had entered into settlements with four separate companies for making allegedly misleading disclosures about how they were impacted by the SolarWinds data breach in 2019. The...more

Steptoe & Johnson PLLC

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

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

Holland & Knight LLP

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

Holland & Knight LLP on

This Holland & Knight blog post is the second installment in a two-part series that examines the challenges to the U.S. Securities and Exchange Commission's (SEC) charges in its landmark case against SolarWinds Corp....more

BCLP

SDNY Dismisses Majority of SEC Landmark Charges Against SolarWinds and CISO

BCLP on

On July 18, 2024, District Court Judge Engelmayer of the Southern District of New York issued his 107-page opinion and order dismissing most – but not all – of the landmark allegations of the SEC against SolarWinds Corp. and...more

Parker Poe Adams & Bernstein LLP

Key Lessons for Cybersecurity and IT Leaders From Judge's Recent Fraud Decision in SEC Case Against SolarWinds

On July 18, a New York federal judge threw out most of the SEC’s claims brought against both SolarWinds Corp. and the company’s chief information security officer (CISO), Timothy Brown....more

Venable LLP

ISS and Glass Lewis Release Proxy Voting Policy Changes for 2024

Venable LLP on

On December 19, 2023, Institutional Shareholder Services Inc. (“ISS”) released its updates to its Proxy Voting Guidelines. Somewhat unusually, ISS made only one change to its voting recommendation policies for U.S. public...more

Jackson Lewis P.C.

Corporate Boards Mulling Effects of SEC Cyber Enforcement and CISO Exposure, and Possibly Hacker Complaints to SEC

Jackson Lewis P.C. on

According to a New York Times story this weekend, the Security Exchange Commission’s lawsuit against SolarWinds is driving discussions in boardrooms and corporate security departments of large organizations about the handling...more

Wilson Sonsini Goodrich & Rosati

Preparing for the SEC’s Cybersecurity Disclosure Rules

The U.S. Securities and Exchange Commission’s (SEC) 2023 Spring Unified Agenda of Regulatory and Deregulatory Actions was released last month and includes an anticipated action date for finalizing rules for cybersecurity...more

Health Care Compliance Association (HCCA)

[Virtual Event] Richmond Regional Healthcare Compliance Conference - December 9th, 8:25 am - 4:30 pm EST

General and specialty compliance training from the comfort of your home or office! HCCA’s Regional Healthcare Compliance Conferences provide practitioners with virtual compliance training that includes updates on the...more

A&O Shearman

Delaware Court Of Chancery Dismisses Caremark Claims Alleging Breaches Of Fiduciary Duty Following A Cyberattack

A&O Shearman on

On September 6, 2022, Vice Chancellor Sam Glasscock III of the Delaware Court of Chancery granted a motion to dismiss derivative claims for breach of fiduciary duty brought by stockholders of a software company (the...more

Bradley Arant Boult Cummings LLP

How Not to Make a Deal: 5 Key Cybersecurity Concerns in M&A

Cyber risks are increasing, and as a result, due diligence inquiries and valuations are increasingly focusing on the cybersecurity and privacy risks inherent in a business’s collection, use, retention and disposal of data. ...more

NAVEX

Bringing Together the People, Processes, and Tools for Cyber Risk Management

NAVEX on

Last month I wrote a post for this blog about the Securities and Exchange Commission’s proposals for more disclosure of cybersecurity issues. We reviewed some of the governance disclosures that boards might need to make, as...more

Cranfill Sumner LLP

Cybersecurity is IT’s Job, not the Board’s, Right?

Cranfill Sumner LLP on

Cybersecurity is a modern tech-savvy buzzword that often makes non-IT peoples’ eyes glaze over. This mindset is very risky, and cybersecurity should not be taken lightly. The truth is that cybersecurity, while highly...more

Woodruff Sawyer

Looking Ahead to 2022 Cyber Insurance Expectations For The Coming Year

Woodruff Sawyer on

1.0 CYBER MARKET UPDATE - 1.1 US Market Update - To call 2021 anything other than a sea change in the cyber insurance world would be an understatement. Indeed, nearly all cyber insurance renewals saw increases in...more

Woodruff Sawyer

Board of Directors: Prioritize Your Cyber Risk

Woodruff Sawyer on

Cyber attacks continue to be one of the most concerning risks to businesses. COVID-19 is only exacerbating those risks. Add to that the D&O litigation that happens after a cyber event, and you have a recipe for disaster for...more

Health Care Compliance Association (HCCA)

[Event] Richmond Regional Healthcare Compliance Conference - December 10th, Richmond, VA

Our one-day Regional Compliance Conferences provide attendees with a forum to interact with local compliance professionals, share information about your compliance successes and challenges, and create educational...more

Adams & Reese

[Webinar] Ransomware Attacks: Could the Board of Directors be Liable? - June 17th, 11:00 am - 12:00 pm ET

Adams & Reese on

Ransomware attacks are on the rise and the trend is not going to change anytime soon. It’s no longer a question of ‘if’ your company will be targeted, but “when” will it happen. Now is the time for organizations to get...more

Society of Corporate Compliance and Ethics...

[Virtual Event] 2021 Atlanta Regional Compliance & Ethics Conference - August 13th, 8:25 am - 4:30 pm EDT

Our Virtual Regional Compliance Conferences provide updates on the latest news in regulatory requirements, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask questions from...more

Skadden, Arps, Slate, Meagher & Flom LLP

A Practical Guide to the Role of Directors in Fighting Ransomware

Takeaways - Boards need to take an active role overseeing cybersecurity measures. - Directors may be held personally responsible for lapses that result in attacks. - U.S. money laundering and sanctions rules may prohibit...more

Society of Corporate Compliance and Ethics...

[Virtual Event] 2021 Boston Regional Compliance & Ethics Conference - March 26th, 8:25 am - 4:30 pm EDT

Our Virtual Regional Compliance Conferences provide updates on the latest news in regulatory requirements, compliance enforcement, and strategies to develop effective compliance programs. Watch, listen, and ask questions from...more

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