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 -

Whiplash: The (Brief and Tragic?) Life of the SEC’s Cyber Disclosure Rules

Woodruff Sawyer on 4/17/2025

In 2023 and 2024, our public company clients were focused on complying with the SEC’s cyber disclosure rules—and on the risk from big, high-profile government enforcement actions like the SolarWinds case. But with a new SEC...more

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

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

Cooley LLP on 4/4/2025

Earlier this week, Republican members of the House Committee on Financial Services sent this letter to the SEC asking that it retract a total of 14 adopted – and proposed – rules. Among this list are two that Corp Fin ushered...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

Securities Enforcement Roundup – February 2025

Morgan Lewis on 3/10/2025

In this issue of our monthly Securities Enforcement Roundup, we highlight top securities enforcement developments and cases from February 2025. In February 2025: The US Securities and Exchange Commission (SEC) announced a...more

Regulatory monitoring - December 2024

A&O Shearman on 1/6/2025

1. Bank regulation - 1.1 PRUDENTIAL REGULATION - a) General - (i) International - FSB: Plenary December 2024 - Status: Final - The FSB has set out the outcomes of its Plenary that met on 3 and 4 December. Points of...more

Colorado’s Landmark AI Act: What Companies Need To Know

Skadden, Arps, Slate, Meagher & Flom LLP on 6/24/2024

Colorado has become the first state to enact a comprehensive law relating to the development and deployment of certain artificial intelligence (AI) systems. The Colorado Artificial Intelligence Act (CAIA), which will go into...more

Panicked Over Cyber Disclosure Laws? Here’s a Plea for Common Sense

American Conference Institute (ACI) on 1/18/2024

Corporate legal departments are scrambling to stay ahead of the latest developments around cyber incident disclosure rules and regulations. In hopes of reducing panic and distress, a pair of legal experts are issuing a...more

The FTC Amends Safeguards Rule to Require Non-Banking Financial Institutions to Disclose Certain Security and Data Breaches

Epstein Becker & Green on 12/11/2023

On October 27, 2023, the Federal Trade Commission (“FTC”) approved an amendment to the Safeguards Rule that requires non-banking financial institutions (e.g., mortgage companies, mortgage brokers, and creditors) to notify the...more

SEC Deals New Cybersecurity Disclosure Requirements to Public Companies

Carlton Fields on 10/3/2023

On July 26, 2023, the SEC adopted new cybersecurity rules, which have two top-line impacts. First, registrants must disclose material cybersecurity incidents promptly on Form 8-K. Second, registrants must disclose new...more

SEC Adopts New Cybersecurity Disclosure Requirements

Nelson Mullins Riley & Scarborough LLP on 9/6/2023

The Securities and Exchange Commission (“SEC”) adopted the final rules (the “Final Rules”) on July 26, 2023 that will require disclosure of material cybersecurity incidents, cybersecurity risk management, strategy, and...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 Cybersecurity Incident and Risk Management Disclosure Rules

Polsinelli on 8/2/2023

On July 26, 2023, the Securities and Exchange Commission (the “SEC”) adopted new rules requiring public companies to disclose within four business days material cybersecurity incidents they experience and to disclose annually...more

SEC Formalizes New Rules on Cyber Breach Disclosures

Thomas Fox - Compliance Evangelist on 8/2/2023

The SEC has recently voted on new rules that will require companies to disclose material cybersecurity incidents within four days and to make disclosures about their broad cybersecurity risks in their annual report. Tom Fox...more

SEC Adopts Final Cybersecurity Rules — Requires Companies to Focus on their Security and Disclosure Plans

Troutman Pepper Locke on 8/1/2023

On July 26, the Securities and Exchange Commission (SEC) adopted, by a 3-2 margin, a final rule to require more immediate disclosure of material cybersecurity incidents by public companies. In addition, the final rule...more

SEC adopts breach-reporting rules, establishes requirements for cybersecurity risk management

Orrick, Herrington & Sutcliffe LLP on 7/31/2023

On July 26, a divided SEC adopted a final rule outlining disclosure requirements for publicly traded companies in the event of a material cybersecurity incident. ...more

SEC Finalizes Cybersecurity Rule: What It Means

Epstein Becker & Green on 7/28/2023

On July 26, 2023, the Securities and Exchange Commission (“SEC”) adopted its long-anticipated cybersecurity reporting rule (the “Final Rule”). The Final Rule applies to public companies subject to the reporting requirements...more

SEC Adopts New Cybersecurity Rules for Public Companies

Robinson+Cole Data Privacy + Security Insider on 7/28/2023

In a 3-2 vote, the Securities and Exchange Commission (SEC) adopted new cybersecurity rules yesterday (July 26, 2023) applicable to public companies. The rules, which will become effective thirty days after publication in...more

SEC’s New Cyber Incident Disclosure Requirements Will Go Into Effect in December

Bilzin Sumberg on 7/27/2023

Come December 2023, public companies will have a very narrow window to report cybersecurity incidents that materially affect their companies. Companies will also have to report annually how they assess and manage...more

SEC Adopts Amendments to Enhance Cybersecurity Disclosures

Mayer Brown Free Writings + Perspectives on 7/26/2023

At an open meeting this morning, the Securities and Exchange Commission voted (with dissenters—see, for example, Commissioner Peirce’s statements) to adopt amendments aimed at enhancing and standardizing disclosures related...more

Long Anticipated SEC Cybersecurity Disclosure Rule Expected to be Finalized July 26

Orrick, Herrington & Sutcliffe LLP on 7/24/2023

The SEC has scheduled an open meeting on Wednesday to decide on the adoption of eagerly anticipated cybersecurity incident and governance reporting rules. If the agency adopts rules that align with what it proposed last year,...more

Dechert Cyber Bits - Issue 10

Dechert LLP on 3/25/2022

SEC Proposes New Cybersecurity Rules for Public Companies - On March 9, 2022, the Securities and Exchange Commission (“SEC”) announced proposed amendments to its rules on cybersecurity. The proposed rules aim to “enhance and...more

SEC Amendments on Cybersecurity Disclosure

Cadwalader, Wickersham & Taft LLP on 3/18/2022

At an open meeting last week, the Securities and Exchange Commission (the “SEC”) proposed amendments “to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident...more

SEC Proposes New and Amended Cybersecurity Rules for Public Companies

Dechert LLP on 3/18/2022

On March 9, 2022, the Securities and Exchange Commission (“SEC”) voted three-to-one to propose new and amended rules for public companies that are subject to the reporting requirements of the Securities Exchange Act of 1934...more

SEC Proposes New Rules on Public Company Cybersecurity Disclosures

Mayer Brown Free Writings + Perspectives on 3/15/2022

Background - On March 9, 2022, the U.S. Securities and Exchange Commission (the “SEC”) released proposed amendments (the “Proposed Amendments”) aimed at enhancing and standardizing disclosure relating to cybersecurity...more

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