News & Analysis as of May 11, 2025

Cybersecurity › Internal Controls › Corporate Governance

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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 -

Strong Compliance Programs Will Always Matter

NAVEX on 3/12/2025

The other day, I attended a panel discussion of compliance officers talking about how corporate compliance might change with the arrival of the Trump Administration. Except, we never got around to that discussion – we were...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

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

Steptoe & Johnson PLLC on 8/8/2024

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

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

Skadden, Arps, Slate, Meagher & Flom LLP on 8/8/2024

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

Judge dismisses most of SEC’s suit against SolarWinds over cybersecurity disclosures

A&O Shearman on 8/2/2024

On July 18, 2024, U.S. District Judge Paul Engelmayer of the U.S. District Court for the Southern District of New York issued a comprehensive 107-page opinion that may have significant implications for the Securities and...more

SEC Expands Scope of Internal Accounting Controls in Cybersecurity Breach Settlement

Holland & Knight LLP on 7/9/2024

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

Directors Quarterly: January 2024

KPMG Board Leadership Center (BLC) on 2/9/2024

Taking stock, looking ahead - The start of a new year is an important opportunity for boards to take a step back and reassess their agendas to help ensure that they are appropriately focused on the most critical issues for...more

Keeping Current With Form 8-K: A Practical Guide - October 2023

WilmerHale on 11/16/2023

Public companies are required to make prompt public disclosures on Form 8-K about a large number of specified events. While Form 8-K does not mandate current reporting of all material events, it goes a long way toward...more

Navigating Business Risks: The IRM Journey

NAVEX on 2/15/2023

Like navigating a ship through a stormy sea, managing business risk involves charting a set course, choosing the right people, and planning carefully – but it also involves reacting nimbly to avoid dangerous conditions or...more

NYDFS Proposes Amendments to Cybersecurity Regulation

Holland & Knight LLP on 11/17/2022

The New York Department of Financial Services (NYDFS) on Nov. 9, 2022, released Proposed Amendments to its Cybersecurity Regulation. The NYDFS Cybersecurity Regulation was one of the first laws requiring companies to comply...more

[Event] Interact 2022 - August 14th - 17th, Nashville, TN

Mitratech Holdings, Inc on 4/14/2022

Exclusive roadmap reveals, immersive Q&A with top product & industry experts, live product demos, electrifying presentations, co-innovation opportunities, and so much more— all coming to you live from the heart of Nashville,...more

Supervision of Vendors When Outsourcing - The Buck Stops with FINRA Member Firms

BCLP on 8/18/2021

Key Takeaways: ..On August 13, 2021, FINRA issued Regulatory Notice 21-29 (“RN 21-29”) to remind member firms that they must establish and maintain an adequate supervisory system, including written supervisory procedures...more

Reflections on the End of a Turbulent Year and Selected Considerations for 2021

WilmerHale on 1/12/2021

With 2021 now upon us, companies, auditors and audit committees are gearing up for another annual reporting season, coming off of one of the more turbulent years in recent history, which included a significant number of...more

Are Internal And External Risks Colliding?

Mitratech Holdings, Inc on 9/1/2020

The World Economic Forum published the 15th Edition of its Global Risks Report 2020 on January 15 with a warning that external and internal risks will be a substantial challenge going forward. They probably had no idea how...more

Orrick Finance Italy – CELF Weekly Newsletter #4

Orrick, Herrington & Sutcliffe LLP on 5/4/2020

Please see Chart below for more information. ...more

New York Demands Coronavirus Emergency Plan from Crypto Firms by April 9th and Adds Requirements for Boards and CEOs

Mintz - Privacy & Cybersecurity Viewpoints on 3/17/2020

The New York Department of Financial Services (NYDFS) issued guidance to financial institutions engaged in virtual currency business activities, mandating that an emergency preparedness plan from each firm be submitted to...more

Top 10 Topics for Directors in 2020: Cybersecurity

Akin Gump Strauss Hauer & Feld LLP on 3/6/2020

Cybersecurity and Privacy - Despite cries from corporations and privacy advocates across America for a unified federal privacy law, the nation’s toughest privacy law—the California Consumer Privacy Act (CCPA)—went into...more

Alert: 25 Considerations in Preparing for an IPO

Cooley LLP on 11/1/2019

1. Experienced advisors - Choose experienced advisors, including lawyers, auditors and financial consultants (if necessary), and get them involved early. Advisors who work routinely with the SEC and investment bankers –...more

Regulators Address the 2019 Baruch College Financial Reporting Conference

WilmerHale on 5/15/2019

Always a fertile source of regulatory perspective, this year’s Baruch College Financial Reporting Conference featured a future-oriented theme in remarks by Chief Accountant of the Securities and Exchange Commission Wesley...more

Cybersecurity Reporting to the Board

Robinson+Cole Data Privacy + Security Insider on 4/29/2019

Robinson+Cole has the distinct pleasure to host the CISO Executive Network in Hartford and Boston. It is an opportunity to hang out with Chief Information Security Officers (CISOs), develop relationships with them, discuss...more

SEC Remains Focused on Cybersecurity

Epiq on 4/3/2019

After a long silence since guidance was last issued a year ago, there’s now widespread expectation that the Securities and Exchange Commission will get much more specific this year about new cybersecurity disclosures for...more

Is Your Company’s Board of Directors Cyber Savvy?

Foley Hoag LLP - Security, Privacy and the... on 3/26/2019

Every company should expect that at some point it will experience a data breach. Whether as a result of hackers, disgruntled employees, or careless acts such as losing an unencrypted phone or laptop, data breaches may subject...more

Podcast: Cybersecurity and the Boardroom

Akin Gump Strauss Hauer & Feld LLP on 3/20/2019

In this episode, the third of three building on Akin Gump’s annual Top 10 Topics for Directors report, partner Michelle Reed discusses the critical question of cybersecurity and the corporate world. Among the topics covered: ...more

Fiduciary Duties With Respect To Trade Secrets For Dual Or Multiple Directors

Seyfarth Shaw LLP on 12/13/2018

The purpose of this short paper is to ‘join the dots’ between a director’s fiduciary duties and especially a person holding dual or multiple directorships and trade secrets....more

SEC Cautions Issuers to Consider Cyber Threats When Devising and Maintaining Internal Accounting Controls

WilmerHale on 10/18/2018

Yesterday, the Securities and Exchange Commission released an investigative report regarding its investigation into whether nine public companies that were victims of cyber-related frauds violated federal securities laws by...more

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