The Justice Insiders Podcast: Incidents in the Material World: SEC Adopts New Cybersecurity Rules
Episode 288 -- SEC Adopts Robust New Cybersecurity Disclosure Rules
A reference guide for US public companies from the Public Company Representation Practice....more
Key Takeaways - The SEC’s agreement with defendants to dismiss, with prejudice, its case against SolarWinds Corporation (SolarWinds) and its chief information security officer (CISO) signals a retreat from aggressive,...more
On November 20, 2025, the US Securities and Exchange Commission (SEC) announced the dismissal of charges against SolarWinds Corporation and its chief information security officer (CISO). The dismissal marks a significant...more
Last week, the SEC agreed to voluntarily dismiss its high-profile case against SolarWinds Corporation (“SolarWinds” or the “Company”) and its Chief Information Security Officer (“CISO”), which has been pending for over two...more
The Securities and Exchange Commission’s (SEC) case against SolarWinds and its chief information security officer (CISO), Timothy Brown, ended abruptly on November 20, 2025, when the SEC agreed to dismiss its remaining claims...more
On October 26, 2025, the Chief Revenue Officer of Snowflake Inc. appeared to overstep the bounds of Regulation Fair Disclosure (“Reg FD”) when he made statements regarding Snowflake’s future financial results during an...more
At the direction of President Trump, the Securities and Exchange Commission appears poised to propose rules that, if adopted, would permit at least some U.S. public companies to report financial results to the SEC on a...more
The Securities and Exchange Commission (SEC) is actively evaluating whether to transition from the current quarterly reporting regime for domestic public companies to a semiannual reporting framework. Although no formal...more
The Securities and Exchange Commission (SEC) has made clear—through its rulemaking, enforcement actions, public statements, and formidable “Crypto Assets and Cyber Unit” within the Division of Enforcement—that public...more
For small and mid-cap public companies, SEC reporting has never been more demanding. Lean finance and legal teams, fast-moving regulatory updates, and heightened investor scrutiny mean that even small mistakes can carry...more
The SEC has indicated its support for moving to a semiannual reporting schedule. While no formal rule change has been adopted, SEC Chair Paul Atkins has publicly stated that the SEC will propose a rule change to implement the...more
The U.S. Securities and Exchange Commission and the current administration has again put the frequency of public-company reporting under the spotlight. Earlier this month, President Trump issued a renewed call to move from...more
When an executive or other senior-level employee terminates employment, employers must address the tax, equity, and benefits issues that may arise in connection with the employee’s termination. If the employer is a publicly...more
As has been recently widely reported, President Donald Trump has called for an end to quarterly reporting with the Securities and Exchange Commission (SEC) in favor of a biannual reporting model, and the SEC has announced...more
As readers of our 2025 Data Security Incident Response (DSIR) Report are aware, many organizations were concerned about complying with the Securities and Exchange Commission’s (SEC) cybersecurity rules given the SEC’s...more
In an environment where public scrutiny is high and enforcement expectations are rising, investing in strong corporate ethics and oversight frameworks has become a strategic necessity for public companies. Effective...more
Approaches to Giving Guidance during Economic Uncertainty - As companies issue guidance during this period of economic uncertainty, their earnings announcements are taking different approaches, including...more
This year’s IPO Report offers a detailed review of the IPO market and outlook, including a breakdown of IPOs by industry and the number of IPOs from the leading states over the past five years. We also take a look at the IPO...more
The SEC, investment banks and other stakeholders are increasingly focused on cybersecurity in IPO companies given the potential financial, legal and reputational risks....more
The new registration statement guidance will make capital raises by non-WKSI companies filing on Form S-3 easier, as they can proceed with offerings during periods before their proxy statements are finalized – a privilege...more
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
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
The primary development in executive compensation disclosure for the 2025 proxy season is new Item 402(x) under Regulation S-K, relating to the disclosure of stock option grant timing policies and practices. Companies with...more
In this settled action—part of a slew of SEC Enforcement cases reported out in the last days before the change in Administration—the SEC alleged that Celsius Holdings, Inc. engaged in improper accounting for stock-based...more
The most frequently asked question at all-hands meetings for a securities offering is “What financial statements will be needed?” The question seems simple enough. But the answer is rarely straightforward. This User’s...more