News & Analysis as of May 5, 2025

Disclosure Requirements

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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 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 -

Update: DOJ and CISA Issue New National Security Program to Regulate Foreign Access to Sensitive Data

Wiley Rein LLP on 4/4/2025

On January 8, 2025, the U.S. Department of Justice (Department or DOJ) issued new rules required by then-President Biden’s February 2024 Executive Order (EO) 14117 to establish a new regulatory framework aimed at “Preventing...more

SEC Settlements Signal Increased Scrutiny of Cybersecurity Disclosures

McDermott Will & Emery on 11/26/2024

On October 22, 2024, the US Securities and Exchange Commission (SEC, or Commission) brought settled actions against four publicly traded companies that were downstream victims of the Russia-linked cyberattack on SolarWinds...more

DOD Seeks Contractor Disclosures of Foreign Access to Software Source Code

Wiley Rein LLP on 11/21/2024

WHAT: The U.S. Department of Defense (DOD) issued a proposed rule to implement Section 1655(a) and (c) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). The proposed rule would...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

DoD Instruction Intended to Protect Defense Supply Chain: Defense Contractors and Subcontractors Subject to Additional Filings and...

Womble Bond Dickinson on 8/7/2024

Concerns regarding the integrity of the U.S. defense industrial base supply chain continue to grow. Similar to national cybersecurity risks, national security risks to the defense supply chain are asymmetric and can arise at...more

For Limited Use Only: Guidance on National Security Delay Determinations under the SEC Cyber Reporting Rule

Sheppard Mullin Richter & Hampton LLP on 1/22/2024

On December 12, 2023, the Department of Justice (“DOJ”) issued guidance related to the process by which companies may request the United States Attorney General authorize delays of cyber incident disclosures, pursuant to a...more

The Crossroads of Cybersecurity and National Security: Delaying Disclosure of Incidents under the SEC’s New Cybersecurity Rule

Pillsbury Winthrop Shaw Pittman LLP on 1/15/2024

In recent guidance, the Department of Justice made clear that it will very rarely grant an extension of registrants’ deadline to disclose material cybersecurity incidents under the SEC’s Final Rules. Under the Securities and...more

FBI and DOJ Offer Guidance on SEC Cybersecurity Incident Disclosure Rules

King & Spalding on 1/8/2024

On December 18, 2023, new cybersecurity rules adopted by the U.S. Securities and Exchange Commission (SEC) became effective. Among other things, those rules require SEC registrants to disclose certain information about...more

DOJ & FBI Issue New Guidelines for Delayed Reporting of Cyber Incidents to the SEC

Faegre Drinker Biddle & Reath LLP on 12/26/2023

Under the Securities and Exchange Commission’s (SEC) new Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure rule (cybersecurity rule), public companies subject to the cybersecurity rule must promptly...more

SEC’s Cybersecurity Rules – SEC Issues Guidance and DOJ Establishes Processes for the National Security or Public Safety Exception

Alston & Bird on 12/22/2023

Our Securities and Privacy, Cyber & Data Strategy teams unpack the Department of Justice’s (DOJ) process for companies seeking to delay Form 8-K disclosures under the Securities and Exchange Commission’s (SEC) cybersecurity...more

Public Company Watch: December 2023

Paul Hastings LLP on 12/22/2023

In the December Public Company Watch, we cover key issues impacting public companies, including a preview of the SEC’s latest regulatory agenda, an update regarding the Fifth Circuit vacating the SEC’s share repurchase rules,...more

Cyber Incident Reporting Guidance: DOJ Explains How It Will Determine if a Public Disclosure Poses Substantial National Security...

Wiley Rein LLP on 12/14/2023

The cyber reporting landscape is rapidly shifting. Many agencies are developing rules, and a major player has been the U.S. Securities and Exchange Commission (SEC), with important questions arising about implementation of...more

SEC Cyber Reporting Mandates: How to Request a National Security or Public Safety Delay

Wiley Rein LLP on 12/12/2023

On December 18, the Securities and Exchange Commission's (SEC) new disclosure requirements go into effect and will require public companies to publicly report material cybersecurity incidents within four days of making a...more

President Biden Issues Wide-Ranging Executive Order on Artificial Intelligence

K&L Gates LLP on 11/6/2023

On 30 October 2023, President Biden issued a long-awaited executive order (EO) on artificial intelligence (AI). The EO itself is available here, and a one-page fact sheet issued by the White House is available here. The...more

SEC Adopts New and Burdensome Cybersecurity Disclosure Rules

Kohrman Jackson & Krantz LLP on 10/6/2023

The Securities and Exchange Commission (SEC) recently adopted rules requiring public companies to quickly disclose “material cybersecurity incidents” and to annually disclose material information regarding a company’s...more

SEC Cyber Rules Published in Federal Register

Paul Hastings LLP on 8/4/2023

The SEC’s Cybersecurity Risk Management Strategy, Governance, and Incident Disclosure Rules were officially published in the Federal Register on August 4, 2023 and go into effect on September 5, 2023....more

SEC Rules Impose New Four-Day Reporting Requirements for Cybersecurity Incidents

Quarles & Brady LLP on 8/3/2023

The Securities and Exchange Commission (“SEC”) voted on July 26, 2023 to adopt new cybersecurity rules, which are aimed at helping investors better understand the cybersecurity risks associated with public companies by...more

SEC Adopts Final Cybersecurity Rules for Public Companies

Mintz - Privacy & Cybersecurity Viewpoints on 8/2/2023

In a narrow 3-2 decision on July 26, the SEC adopted its final rule concerning cybersecurity risk management, strategy, governance, and incident disclosure (the “Final Rule”). Below we highlight some of the principal changes...more

SEC Finalizes Public Company Cybersecurity Disclosure Rules

Pillsbury Winthrop Shaw Pittman LLP on 7/31/2023

Under the SEC’s rules, public companies that are subject to reporting requirements must promptly disclose material cybersecurity incidents. The SEC’s Final Rules require public companies to report a material cybersecurity...more

SEC adopts new rule on cybersecurity risk management, disclosure

Constangy, Brooks, Smith & Prophete, LLP on 7/28/2023

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

[Webcast Transcript] The Digital Great Wall: Data Protection in Today’s China

HaystackID on 1/26/2023

Editor’s Note: On January 18, 2023, HaystackID shared an educational webcast on China’s emerging statutes and regulations governing the processing, disclosure, and transfer of data. As Chinese entities increasingly become...more

Holland & Knight's China Practice Newsletter: September-October 2021

Holland & Knight LLP on 9/2/2021

Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. HIGHLIGHTS: - Non-Fungible Tokens and Intellectual Property Law: Key Considerations ...more

Congress Requires Foreign Ownership Disclosures for Federal Government Tenancies of “High-Security Leased Spaces”

Pillsbury Winthrop Shaw Pittman LLP on 1/8/2021

Federal government lessees seeking to occupy high-security spaces in foreign-owned buildings will be required to obtain complete beneficial ownership and impose access restrictions on owners and property managers. The...more

White House Issues Guidance On Regulating AI Applications: Transparency, Security, Confidentiality

Fox Rothschild LLP on 11/20/2020

The White House recently issued guidance to government agencies for the regulation of artificial intelligence applications. Key data protection takeaways: •Transparency is essential. Disclosures should be written in a format...more

SEC Issues New Cybersecurity Guidance; Makes Clear that Cybersecurity Disclosures Are Part of Existing SEC Requirements - Guidance...

Holland & Knight LLP on 2/26/2018

On Feb. 21, 2018, the Securities and Exchange Commission (SEC) issued interpretive guidance on its expectations for corporate disclosures on cybersecurity risks. The guidance delineates where it believes existing SEC rules...more

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