News & Analysis as of August 7, 2025

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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... more +

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 -

US Corporate Governance — 2025 Midyear Review

Herbert Smith Freehills Kramer on 7/8/2025

The Financial Crimes Enforcement Network (FinCEN) issued an interim final rule in March 2025 that removes requirements for US companies to report beneficial ownership information under the Corporate Transparency Act (CTA)....more

2024 Trends in First Circuit Class Actions

Pierce Atwood LLP on 3/27/2025

We are pleased to present our final 2024 update to the New England and First Circuit Class Action Tracker, which focuses on class action filings in state and federal courts within the boundaries of the First Circuit in New...more

Weekly Blockchain Blog - February 2025 #4

BakerHostetler on 2/24/2025

U.S. Digital Asset Companies Continue Product Launches, Market Expansion - U.S. nonfungible token (NFT) marketplace OpenSea recently announced the launch of its new OS2 digital asset trading platform, which expands into...more

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

Troutman Pepper Locke on 6/5/2024

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

Chief information Security Officers and cyber whistleblowing: considerations for boards and breach response teams

A&O Shearman on 2/27/2024

At this point, it is self-evident that companies are grappling with an ever-evolving (think: tougher) cyber risk terrain. However, two recent cases against companies and their Chief Information Security Officers (CISOs),...more

SEC to Continue Aggressive Enforcement Efforts in 2024 After Record-Setting 2023

Foley Hoag LLP - White Collar Law &... on 2/27/2024

This is the fourth in our 2024 Year in Preview series examining important trends in white collar law and investigations in the coming year. We will be posting further installments in the series throughout the next several...more

Cyber Incident Reporting Obligations for Public Companies under the SEC’s New Cybersecurity Rules

Burr & Forman on 2/14/2024

The U.S. Securities Exchange Commission (SEC) recently adopted a final rule regarding cybersecurity risk management, governance, and incident reporting. The final rule went into effect on September 5, 2023, and disclosure...more

The SEC Raises the Stakes: New Cybersecurity Rules for Publicly Traded Companies Hit the Books in 2023

Polsinelli on 1/25/2024

In 2023, the U.S. Securities and Exchange Commission (“SEC”) issued its now-fully implemented Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure Rule. The Rule reflects the reality that cybersecurity...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

Federal Government Continues Its Big Push for Cybersecurity with SEC Action Against SolarWinds and Its CISO

Bradley Arant Boult Cummings LLP on 11/27/2023

On October 30, 2023, the Securities and Exchange Commission (SEC) announced a civil suit against SolarWinds and their chief information security officer (CISO) for fraudulent cybersecurity information. The SEC claims that...more

Cyber Criminals Weaponize SEC’s Future Cyber Disclosure Rules

Brownstein Hyatt Farber Schreck on 11/21/2023

In a first for both cybersecurity and securities law, a ransomware company filed a complaint with the U.S. Securities and Exchange Commission (“SEC”) against its own hacking victim for failure to disclose the hack itself. The...more

Winds of Change: SEC's SolarWinds Lawsuit Signals Hotter Cybersecurity Enforcement

Holland & Knight LLP on 11/7/2023

The SEC on Oct. 30, 2023, filed a landmark cybersecurity enforcement action against SolarWinds Corp. (SolarWinds) and the company's current Chief Information Security Officer (CISO) Timothy Brown. The SEC's complaint alleges...more

SEC, Solar Winds and Compliance

Thomas Fox - Compliance Evangelist on 11/7/2023

The recent SEC lawsuit against SolarWinds Corp and its CISO, Tim Brown, following the 2020 data breach, has brought the issue of executive liability in cybersecurity disclosures to the forefront. This case sheds light on the...more

Addressing the SEC’s New Cybersecurity Risk Management, Strategy, Governance and Incident Disclosure Requirements

BakerHostetler on 10/27/2023

In July 2023, the SEC adopted new cybersecurity rules for the stated purpose of enhancing and standardizing disclosures regarding cybersecurity risk management, strategy, governance and incidents by public companies. The...more

SEC Adopts New Cybersecurity Disclosure Rules for U.S. Public Companies and Foreign Private Issuers

Stikeman Elliott LLP on 9/7/2023

The Securities and Exchange Commission (“SEC”) adopted new rules requiring the disclosure of cybersecurity risk management, strategy, governance and material incidents (the “Rules”), effective September 5, 2023. The Rules...more

Breaking Down the New SEC Cybersecurity Rules

Epiq on 8/16/2023

On July 26, the Securities and Exchange Commission (SEC) adopted new cybersecurity rules. Organizations will need to disclose material cyber incidents pursuant to a prescribed timeline and information regarding risk...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 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

Upcoming SEC Open Meeting on Cyber (and More)

Mayer Brown Free Writings + Perspectives on 7/20/2023

The Securities and Exchange Commission announced an open meeting to be held on July 26, 2023. The agenda includes consideration of the final amendments to the rules relating to enhanced and standardized disclosures regarding...more

[Webinar] Bulls, Bears, and Blockchain - Special Edition: Former SEC Speaks - July 17th, 2:00 pm ET

BakerHostetler on 7/12/2023

Join BakerHostetler for our series of Fireside Chats about the latest developments impacting the capital markets and their participants, and the blockchain industry....more

SEC Stirs Its Pot of Cybersecurity Preparedness and Response Proposals

Carlton Fields on 6/14/2023

The SEC remains laser-focused on cybersecurity, with the agency recently reopening the comment period on a sweeping rule for investment advisers and investment companies. In addition, the SEC issued proposed enhancements to...more

SEC Issues $3 Million Penalty Against Blackbaud for Misleading Cybersecurity Incident Disclosures

Herbert Smith Freehills Kramer on 3/17/2023

On March 9, software company Blackbaud agreed to pay $3 million to the SEC as a result of alleged misleading disclosures arising out of a 2020 data breach that involved customer bank account information and Social Security...more

The SEC’s New Proposed Cybersecurity Disclosures: Next Steps for Boards of Directors

Woodruff Sawyer on 5/25/2022

The Securities and Exchange Commission is proposing new cybersecurity disclosure rules for public companies. According to the SEC, while public companies have improved their cyber disclosures over time, overall, they have...more

Securities Enforcement Forum West 2022: SEC Affirms Aggressive Approach

Perkins Coie on 5/20/2022

On May 12, 2022, senior Division of Enforcement officials from the U.S. Securities and Exchange Commission (SEC) shared the stage with SEC alumni, private practitioners, and other professionals in the field at the Securities...more

SEC Proposes New Cybersecurity Disclosure Requirements For Public Companies

Kohrman Jackson & Krantz LLP on 3/23/2022

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

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