News & Analysis as of May 5, 2025

Cyber Incident Reporting

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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 -

Pay vs. Performance and Cybersecurity Disclosure Rules: Will the SEC Retract Rulemaking?

Keating Muething & Klekamp PLL on 4/4/2025

On March 31, 2025, members of the U.S. House of Representatives Committee on Financial Services sent a letter to Mark Uyeda, Acting Chairman of the U.S. Securities and Exchange Commission. Seeking to “undo the damage from...more

Preparing for Cybersecurity Disclosure as a Public Company

WilmerHale on 3/27/2025

The SEC, investment banks and other stakeholders are increasingly focused on cybersecurity in IPO companies given the potential financial, legal and reputational risks....more

Regulatory Reset? U.S. Cyber Incident Reporting Rules Face Congressional Scrutiny

Davis Wright Tremaine LLP on 3/21/2025

Lawmakers expressed bipartisan support for significantly amending or eliminating some cybersecurity incident notification requirements during a recent hearing of the U.S. House Committee on Homeland Security's Subcommittee on...more

Recent Developments Relating to the SEC’s Cybersecurity Disclosure Requirements

Polsinelli on 2/27/2025

The U.S. Securities and Exchange Commission (SEC) is becoming one of the federal agencies at the forefront of driving transparency, cybersecurity awareness and cyber incident reporting. As we reported in last year’s...more

Snapshot: The First Year of Cybersecurity Incident Filings on Form 8-K Since Adoption of New Rules

Wilson Sonsini Goodrich & Rosati on 2/7/2025

In July 2023, the U.S. Securities and Exchange Commission (SEC) adopted final rules requiring public companies to report material cybersecurity incidents under new Item 1.05 of Form 8-K beginning on December 18, 2023. Our...more

Watch What You Say: SEC Enforcement Scrutinizes Cybersecurity Incident Disclosures

Vinson & Elkins LLP on 1/31/2025

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

2024 SEC Cybersecurity Rule Updates

BakerHostetler on 1/7/2025

The first year of a new significant regulatory obligation is often more notable for the absence of regulatory enforcement actions as regulators often observe compliance efforts and challenges, offer guidance, and look for...more

FORMS 10-K AND 20-F - Preparing for your Annual report

A&O Shearman on 12/24/2024

This guide discusses important themes and trends for the coming annual reporting season. It also includes a “housekeeping checklist” designed to assist you as you prepare your annual report. ANNUAL CYBERSECURITY...more

SEC Cybersecurity Incident Disclosure Report

Paul Hastings LLP on 12/19/2024

Paul Hastings released its SEC Cyber Incident Disclosure Report today, providing a unique look at how public companies have responded to new incident disclosure requirements. The Securities Exchange Commission (SEC) approved...more

6 Considerations to Determine if a Cyber Incident Is Material

Troutman Pepper Locke on 12/2/2024

In late June, the staff of the U.S. Securities and Exchange Commission’s Division of Corporation Finance released five new compliance and disclosure interpretations regarding the disclosure of material cybersecurity incidents...more

Updates on Cybersecurity Requirements for Government Contractors

Wiley Rein LLP on 11/22/2024

Part of the Biden Administration’s push to enhance U.S. cybersecurity capabilities has focused on imposing new requirements on government contractors. The 2023 National Cybersecurity Strategy suggested, for example, that...more

Recent Developments for Directors - November 2024

Latham & Watkins LLP on 11/13/2024

SEC Penalizes Director for Misleading D&O Questionnaire Response - The SEC recently brought an enforcement action against a director for causing violations of the proxy rules by failing to disclose a close personal...more

SEC Enforcement Heats up on Key Public Company Topics: Cyber Disclosure, Director Independence and Regulation FD

White & Case LLP on 11/11/2024

The U.S. Securities and Exchange Commission's ("SEC") Division of Enforcement has recently brought a spate of enforcement actions relating to key topics for public companies. These include enforcement actions related to...more

Securities Litigation + Enforcement Highlights From Q2 + Q3 2024

Cooley LLP on 11/8/2024

Cooley’s securities litigation + enforcement group continued to share key insights on key cases and developments in securities litigation throughout the spring and summer. They highlighted important decisions in Delaware...more

The SEC is Watching: Four Companies Charged for Misleading Cyber Disclosures

BCLP on 11/7/2024

On October 22, 2024, the U.S. Securities and Exchange Commission (SEC) charged four publicly traded technology companies with making materially misleading disclosures regarding cybersecurity risks and incidents (SEC press...more

Trends in US Cybersecurity Regulation

Mayer Brown on 11/4/2024

As cybersecurity rules proliferate, companies must navigate a maze of new, and often overlapping, proactive and reactive cybersecurity requirements and guidance. This Legal Update surveys new cybersecurity rules and...more

The SEC’s cybersecurity and disclosure rules: The questions compliance pros still have

Society of Corporate Compliance and Ethics... on 11/1/2024

The U.S. Securities and Exchange Commission (SEC) Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure rules officially went into effect in December 2023. Aimed at improving cybersecurity risk...more

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

Holland & Knight LLP on 10/31/2024

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

The SEC is Cracking Down on Misleading Cybersecurity Disclosure

Fenwick & West LLP on 10/31/2024

On October 22, 2024, the SEC charged two current reporting companies, Unisys Corp. and Check Point Software Technologies, and two former public companies, Mimecast Limited and Avaya Holdings Corp., with making materially...more

Four Companies Settle Allegations of Deceptive Cyber Disclosures with SEC

Robinson+Cole Data Privacy + Security Insider on 10/25/2024

This week, the Securities and Exchange Commission (SEC) charged four public companies for alleged deceptive cyber disclosures: Unisys Corp., Avaya Holdings Corp., Check Point Software Technologies Ltd., and Mimecast Limited....more

SEC Enforcement mini-sweep charges hypothetical risk factors and other misleading cyber disclosures

Cooley LLP on 10/25/2024

On Tuesday, the SEC announced settled charges against four companies for “making materially misleading disclosures regarding cybersecurity risks and intrusions. The charges against the companies, Unisys Corp., Avaya Holdings...more

Cyber Incident Response Checklist for SEC Compliance

Troutman Pepper Locke on 10/21/2024

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

When Your Life Sciences Are on the Line: Cybersecurity

Morrison & Foerster LLP on 10/17/2024

Morrison Foerster Investigations + White Collar Defense partner Nate Mendell, former Acting U.S. Attorney for the District of Massachusetts, hosted the fifth episode of When Your Life Sciences Are on the Line, where leading...more

Going Up: SEC Cyber Incident Reporting - Regulation S-P Amendments Take It to Next Level

Carlton Fields on 10/10/2024

On May 16, 2024, the SEC breathed new life into its decades-old Regulation S-P, which requires firms to adopt policies and procedures for the protection of customer information and records. The amended rule balloons the...more

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

Troutman Pepper Locke 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

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