Judge Rejects SEC’s Aggressive Approach to Cybersecurity Enforcement

On July 18, 2024, a New York federal judge dismissed most of the US Securities and Exchange Commission’s ("SEC") claims against SolarWinds Corp. ("SolarWinds" or the "Company") and its Chief Information Security Officer ("CISO"), Timothy G. Brown, in connection with the Company’s cybersecurity practice. The ruling dismissed all allegations related to SolarWinds’ pre-SUNBURST cyberattack risk factor disclosure and post-SUNBURST Form 8-K disclosure, as well as claims concerning SolarWinds’ internal accounting and disclosure controls. The Court, however, allowed the SEC to move forward with its claim that SolarWinds committed securities fraud due to misrepresentations on the Company’s website regarding cybersecurity vulnerabilities.

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