News & Analysis as of

Data Breach Form 8-K Corporate Governance

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

Holland & Knight LLP

SEC Expands Scope of Internal Accounting Controls in Cybersecurity Breach Settlement

Holland & Knight LLP on

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

WilmerHale

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

WilmerHale on

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

Mayer Brown on

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

Carlton Fields

SEC Deals New Cybersecurity Disclosure Requirements to Public Companies

Carlton Fields on

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

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

The Volkov Law Group

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

The Volkov Law Group on

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

Kohrman Jackson & Krantz LLP

SEC Proposes New Cybersecurity Disclosure Requirements For Public Companies

THE SEC’S RULE PROPOSALS AIM TO ASSIST INVESTORS - On March 9, 2022, the U.S. Securities and Exchange Commission (SEC) proposed new rules “to enhance and standardize disclosures regarding cybersecurity risk management,...more

Dechert LLP

SEC Proposes New and Amended Cybersecurity Rules for Public Companies

Dechert LLP on

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

Jones Day

SEC Proposes Amendments Regarding Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure

Jones Day on

As part of the SEC's broader rulemaking initiative, on March 9, 2022, the SEC proposed amendments to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by...more

Robinson+Cole Data Privacy + Security Insider

Molson-Coors Discloses Cybersecurity Incident that Affected Production in 8-K Filing

Manufacturers of products often are not prepared for, or aware that cybersecurity incidents can disrupt production and distribution of product. A recent filing by Molson-Coors Beverage Company illustrates that manufacturers...more

A&O Shearman

SEC Issues $35 Million Fine For Alleged Failure To Disclose Data Breach

A&O Shearman on

On April 24, 2018, the United States Securities and Exchange Commission (“SEC”) instituted a settled administrative proceeding against Altaba Inc., f/d/b/a Yahoo! Inc. (“Yahoo!”) for allegedly failing to disclose a...more

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