News & Analysis as of

Cyber Incident Reporting Data Protection Securities and Exchange Commission (SEC)

Vinson & Elkins LLP

Watch What You Say: SEC Enforcement Scrutinizes Cybersecurity Incident Disclosures

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On January 13, 2025, the Securities and Exchange Commission (“SEC”) filed a settled enforcement action against Ashford Inc. (“Ashford” or “the Company”), a company that provides products and services to the real estate and...more

American Conference Institute (ACI)

[Event] 2nd National Conference on Cybersecurity Law & Compliance - January 29th - 30th, Arlington, VA

Cyberattacks are affecting every company and sector. Meanwhile, the regulatory landscape is intensifying as the SEC continues to enforce the cyber-risk management disclosure rules. Every day presents a new compliance and...more

Clark Hill PLC

Right To Know - December 2024, Vol. 24

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Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Troutman Pepper Locke

Cyber Incident Response Checklist for SEC Compliance

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By now, public companies are generally aware of the cybersecurity rules adopted by the U.S. Securities and Exchange Commission a year ago, requiring public companies to disclose material cybersecurity incidents under Item...more

Troutman Pepper Locke

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

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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

Jones Day

SEC v. SolarWinds: Court Rejects SEC Authority Over Cybersecurity Controls and Most Alleged Disclosure Violations

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The U.S. District Court for the Southern District of New York dismissed the majority of claims that the Security and Exchange Commission ("SEC") asserted against SolarWinds, including claims that the company's alleged...more

Royer Cooper Cohen Braunfeld LLC

Tech Moves Fast, the SEC is Trying to Keep Up

On May 16, the Securities and Exchange Commission (“SEC”) announced the adoption of amendments to Regulation S-P, aimed at modernizing and enhancing the rules governing the treatment of consumers’ nonpublic personal...more

Holland & Knight LLP

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

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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

Stark & Stark

Understanding the Enhanced Regulation S-P Requirements

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On May 16, 2024, the Securities and Exchange Commission adopted amendments to Regulation S-P, the regulation that governs the treatment of nonpublic personal information about consumers by certain financial institutions....more

Clark Hill PLC

Right To Know - January 2024, Vol. 13

Clark Hill PLC on

Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Skadden, Arps, Slate, Meagher & Flom LLP

FBI, DOJ and SEC Publish Guidance on Requesting Delayed Reporting of Material Cyber Incidents on Form 8-K: Takeaways for CISOs and...

The U.S. Securities and Exchange Commission (SEC) adopted final rules in 2023 that are intended to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance and incident reporting by...more

Baker Donelson

Show Your Work: The SEC Cyber Rules and Documenting Materiality Analysis Under NIST FIPS 199

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The date July 26, 2023, marks the latest evolution of the cybersecurity regulation landscape as the Securities and Exchange Commission passed cybersecurity regulations for publicly traded companies. At the open meeting, SEC...more

Goodwin

A Closer Look at the SEC’s Cybersecurity Rules for Covered Entities and Market Entities

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The SEC is continuing its campaign to overhaul cybersecurity, cyber incident reporting, and privacy controls and requirements for financial services industry registrants, their service providers, and corporate America...more

Perkins Coie

2023 Breach Notification Law Update: Changes to Notification and Security Requirements Continue at State and Federal Levels

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A flurry of legislative activity over the past year has brought meaningful changes to a variety of privacy and security provisions in state and federal law. At the state level, as in 2022, we have seen a handful of changes to...more

Stikeman Elliott LLP

SEC Adopts New Cybersecurity Disclosure Rules for U.S. Public Companies and Foreign Private Issuers

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The Securities and Exchange Commission (“SEC”) adopted new rules requiring the disclosure of cybersecurity risk management, strategy, governance and material incidents (the “Rules”), effective September 5, 2023. The Rules...more

Ballard Spahr LLP

SEC Adopts New Cybersecurity Reporting Rules, Setting Up Various Compliance Challenges

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After an extensive comment period, the SEC announced on July 26 that it was formally adopting new rules for public companies governing cybersecurity disclosures. The rules had generated significant backlash from public...more

Constangy, Brooks, Smith & Prophete, LLP

SEC adopts new rule on cybersecurity risk management, disclosure

On July 26, the Securities and Exchange Commission adopted a new rule regarding cybersecurity risk management, strategy, governance, and incident disclosure. The “Cybersecurity Incident Disclosure Rule” will be applicable to...more

Jenner & Block

Client Alert: SEC’s Approach to Enforcement After Cyber Incidents: Key Takeaways for Public Companies from a Recent Speech

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Last month, Gurbir Grewal, the Director of the SEC’s Division of Enforcement, spoke at the Financial Times Cyber Resilience Summit. During the remarks, he outlined the importance of cybersecurity and signaled that the SEC is...more

Akin Gump Strauss Hauer & Feld LLP

SEC’s New Cybersecurity & Tech Proposals Target Gaps in Incident Response and Notification

On March 15, 2023, the U.S. Securities and Exchange Commission (SEC) voted to propose three measures to protect customer information and hold covered institutions accountable for cyberattacks....more

Morgan Lewis

SEC Proposes Cybersecurity Incident Reporting and Broker-Dealer Cyber Risk Management Requirements

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The US Securities and Exchange Commission (SEC) issued a notice of proposed rulemaking (the Proposal) on March 15 that would require SEC-regulated investment advisers, investment companies, and broker dealers to provide...more

Venable LLP

Four Cybersecurity Law Issues for Financial Services to Track in 2023 | Insights

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The financial services sector must already contend with a maze of regulations in a variety of areas, and 2023 is poised to usher in new cybersecurity regulations for the industry. Organizations should ensure their security...more

McDermott Will & Emery

[Webinar] Regulators Mount Up! Recent Developments in Government Oversight of Cybersecurity - October 11th, 12:00 pm - 1:00 pm EDT

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Government agencies at the state and federal levels are increasingly training their sights on the cybersecurity resiliency of companies in an array of industries. The US Securities and Exchange Commission has proposed rules...more

Perkins Coie

Answers to Common Questions Regarding New CIRCIA

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President Biden signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) on March 15, 2022. The enactment of CIRCIA follows attacks on critical infrastructure, such as the May 2021...more

Fisher Phillips

Increase in Cyber-Attacks Leads to Influx of New Reporting Obligations

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In the wake of Russia’s invasion of Ukraine, and amid growing concerns regarding the threat of increased cyberattacks targeting infrastructure and other critical industries, there has been a flurry of federal activity to...more

Williams Mullen

Four Key Developments in Data, Data Protection and Cybersecurity Law

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The month of March has seen significant developments in the cybersecurity and data protection space. Here are four key legal developments that could be critical to your business. . . ...more

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