News & Analysis as of

Data Breach Form 8-K

Fenwick & West LLP

The SEC is Cracking Down on Misleading Cybersecurity Disclosure

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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

Troutman Pepper

Cyber Incident Response Checklist for SEC Compliance

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By now, public companies are generally aware of the cybersecurity rules adopted by the U.S. Securities and Exchange Commission a year ago, requiring public companies to disclose material cybersecurity incidents under Item...more

Dunlap Bennett & Ludwig PLLC

AT&T Data Breach: Lessons For Cloud-Base Technology Solutions

Last Friday, July 12, 2024, it was widely reported that AT&T experienced another catastrophic cyber-attack. This material cyber incident affected over 100 million of its wireless customers according to AT&T’s 8-K Filing with...more

Holland & Knight LLP

SEC Expands Scope of Internal Accounting Controls in Cybersecurity Breach Settlement

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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

Wyrick Robbins Yates & Ponton LLP

Living in a Material World: SEC Clarifies Expectations Regarding Form 8-K Disclosure of Material Cybersecurity Incidents

Last month, the Director of the Division of Corporation Finance (“Director”) of the Securities and Exchange Commission (“SEC”) issued new guidance regarding disclosures of material cybersecurity incidents via Form 8-K under...more

Troutman Pepper

Director of Division of Corporation Finance Issues Guidance on Disclosure of Cybersecurity Incidents under Form 8-K

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On May 21, 2024, Erik Gerding, the director of the Division of Corporation Finance of the Securities and Exchange Commission (SEC), released a statement containing guidance for public companies regarding the disclosure of...more

Pillsbury - Internet & Social Media Law Blog

From Encryption to Employment, U.S. Federal Agencies Brace for the Effects of Quantum Computing, AI and More

In this week’s edition of Consumer Protection Dispatch, we look at the latest regulatory developments from the U.S. Department of Commerce, Consumer Financial Protection Bureau, and the Securities and Exchange Commission...more

WilmerHale

8 Questions To Ask Before Final CISA Breach Reporting Rule

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On April 4, the Cybersecurity and Infrastructure Security Agency published a notice of proposed rulemaking setting out mandatory reporting requirements for covered entities that experience cybersecurity incidents or make...more

Sheppard Mullin Richter & Hampton LLP

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

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

Paul Hastings LLP

New SEC Cyber Rules are Effective

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Securities and Exchange Commission (SEC) rules regarding cyber incident reporting and cybersecurity risk management, strategy, and governance, officially went into effect this week for most public companies....more

Wiley Rein LLP

SEC Breach Reporting Rules Effective as of December 18

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For most filers, the U.S. Securities and Exchange Commission’s (SEC) new Form 8-K rules for reporting material cybersecurity incidents took effect yesterday, December 18, 2023. The rule has been controversial and created some...more

WilmerHale

It’s December 18, 2023: Do You Know Where Your Cybersecurity Disclosure Controls and Procedures Are

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The requirement to disclose material cybersecurity events under new Item 1.05 of Form 8-K takes effect today (other than for smaller reporting companies, for which the new requirement will take effect on June 15, 2024)....more

Mayer Brown

DOJ and FBI Announce Guidance on Seeking Delays in SEC 8-K Filings for Cyber Incidents

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On December 12, 2023, the Department of Justice (DOJ) issued guidelines for companies to follow in requesting that the Attorney General authorize delays of cyber incident disclosures required by the U.S. Securities and...more

Burr & Forman

Hackers Extort Victim with SEC Whistleblower Complaint

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In an unintended consequence of the Securities and Exchange Commission's (SEC) unprecedented rulemaking agenda, a black-hat hacker gang has filed a whistleblower complaint against its victim for not reporting a cybersecurity...more

Carlton Fields

SEC Deals New Cybersecurity Disclosure Requirements to Public Companies

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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

Sheppard Mullin Richter & Hampton LLP

SEC Gives Finality on Cybersecurity Disclosures for Public Companies

The SEC has now finalized its much anticipated rules for public companies’ cybersecurity disclosures. The final rules, published this month, require disclosure of certain cybersecurity incidents much sooner than under many...more

Guidepost Solutions LLC

The SEC has new Cybersecurity Rules. Are you prepared and ready?

On July 26, 2023, the Securities and Exchange Commission (SEC) implemented new cybersecurity rules to require disclosure of material cybersecurity incidents within four business days, with limited exceptions.  Additionally,...more

Quarles & Brady LLP

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

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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

Epstein Becker & Green

SEC Finalizes Cybersecurity Rule: What It Means

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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

Robinson+Cole Data Privacy + Security Insider

SEC Adopts New Cybersecurity Rules for Public Companies

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

Cadwalader, Wickersham & Taft LLP

SEC Disclosure Requirements for Material Cybersecurity Incidents Updated

The Securities and Exchange Commission (“SEC”) has admonished companies to report material cybersecurity incidents in their public filings since 2011, but this week the SEC announced a new rule actually requiring disclosure...more

Mayer Brown Free Writings + Perspectives

SEC Adopts Amendments to Enhance Cybersecurity Disclosures

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

Wyrick Robbins Yates & Ponton LLP

SEC’s Pending Proposed Rules on Cybersecurity Incident and Risk Management Disclosure

The U.S. Securities and Exchange Commission (“SEC” or “Commission”) has published proposed rules to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and cybersecurity incident...more

The Volkov Law Group

SEC Poised to Implement Complex Disclosure Obligations (Part I of II)

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The Securities and Exchange Commission is quickly raising the stakes for global companies.  Along with these new regulatory requirements, the risk of enforcement multiply, especially when it comes to corporate disclosure...more

The Volkov Law Group

SEC Proposes Robust Cyber Incident Reporting for Public Companies

The Volkov Law Group on

The Securities and Exchange Commission is busy. The new Chairman Gary Gensler hit the ground running and is pushing an active agenda of policy issues and enforcement.  Along with this push, the SEC’s new enforcement director,...more

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