News & Analysis as of May 5, 2025

Cybersecurity › Form 8-K › 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 -

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

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

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

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

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

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

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

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

SEC Releases Interpretations on Ransomware Attacks and Payment Disclosures

Morgan Lewis on 7/23/2024

The US Securities and Exchange Commission (SEC), Division of Corporation Finance on June 24, 2024 issued five Compliance and Disclosure Interpretations (C&DIs) on its website to address questions raised by its requirement for...more

SEC Settles Charges Against RR Donnelley Related to Cybersecurity Incident Disclosure and Internal Access Controls

Cooley LLP on 7/18/2024

On June 18, 2024, the Securities and Exchange Commission (SEC) announced that it had settled claims against RR Donnelley (RRD) related to a 2021 ransomware and cyber extortion attack. Despite RRD having discovered and...more

SEC Issues Additional Guidance on Form 8-K Cybersecurity Disclosures

Wyrick Robbins Yates & Ponton LLP on 7/15/2024

The Securities and Exchange Commission (the “SEC”) has issued five compliance and disclosure interpretations related to the disclosure of material cybersecurity incidents under Item 1.05 of Form 8-K....more

SEC Issues Updated Guidance on Cybersecurity Incident Disclosure Under Item 1.05 of Form 8-K

Mintz - Privacy & Cybersecurity Viewpoints on 7/12/2024

On June 24, 2024, the SEC issued five new Compliance & Disclosure Interpretations (C&DIs) relating to the materiality assessment and disclosure requirements of material cybersecurity incidents under Item 1.05 of Form 8-K....more

SEC Corporation Finance Provides Additional Guidance on the Disclosure of Material Cybersecurity Incidents in Form 8-K

Alston & Bird on 7/11/2024

On June 24, 2024, the Division of Corporation Finance (“Corp Fin”) of the Securities and Exchange Commission (“SEC”) issued five new Compliance and Disclosure Interpretations (“C&DIs”) related to the disclosure of “material”...more

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

Holland & Knight LLP on 7/8/2024

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

Client Alert: The SEC’s Approach to Cybersecurity Disclosure Decisions

Jenner & Block on 6/27/2024

The SEC’s Director of Corporation Finance, Erik Gerding, recently issued two statements regarding a public company’s disclosure obligations in response to a cybersecurity incident. These remarks follow the adoption of the...more

Cyber Update: SEC Issues New Guidance on Cybersecurity Incident Disclosure

Wiley Rein LLP on 6/27/2024

On June 24, 2024, the U.S. Securities and Exchange Commission (SEC) Division of Corporation Finance (Corp Fin) added to its Compliance and Disclosure Interpretations (C&DI) related to disclosure of Material Cybersecurity...more

SEC Releases New 8-K CDIs for Item 1.05 - Cybersecurity Incidents

Fenwick & West LLP on 6/25/2024

On June 24, 2024, the SEC released five new CDIs on Material Cybersecurity Incidents. Please see a high-level summary below...more

SEC Announces New Cybersecurity Interpretations

Mayer Brown Free Writings + Perspectives on 6/25/2024

The SEC’s Division of Corporation Finance yesterday published five new Compliance and Disclosure Interpretations, or “C&DIs,” all concerning Item 1.05 of Exchange Act Form 8-K, Disclosure of Cybersecurity Incidents....more

Corp Fin Issues Additional Guidance Relating to Cybersecurity Incident Disclosure

Wilson Sonsini Goodrich & Rosati on 6/24/2024

As questions and commentary continue to arise with respect to the SEC’s rules on disclosure of material cybersecurity incidents, the SEC staff has sought to provide additional guidance on the application of the final...more

SEC Continues to Zero in on Importance of Data Security Measures and Reporting With Latest $10 Million Penalty

Parker Poe Adams & Bernstein LLP on 6/21/2024

Last month, the Securities and Exchange Commission (SEC) reemphasized just how serious companies must be about maintaining a vigilant cybersecurity posture and procedures to report cyber incidents in a timely manner....more

Corp Fin Director issues statement regarding sharing information about cybersecurity incidents

Cooley LLP on 6/21/2024

Yesterday, Corp Fin Director Erik Gerding issued a new statement, Selective Disclosure of Information Regarding Cybersecurity Incidents. As you know, last year the SEC adopted new rules regarding cybersecurity disclosure,...more

Living in a Material World: SEC Clarifies Expectations Regarding Form 8-K Disclosure of Material Cybersecurity Incidents

Wyrick Robbins Yates & Ponton LLP on 6/18/2024

Last month, the Director of the Division of Corporation Finance (“Director”) of the Securities and Exchange Commission (“SEC”) issued new guidance regarding disclosures of material cybersecurity incidents via Form 8-K under...more

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