News & Analysis as of August 25, 2025

Failure To Disclose

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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +

AI Call-Monitoring Lawsuits Are Heating Up: 5 Steps Your Business Can Take to Minimize Risk

Fisher Phillips on 6/19/2025

A new lawsuit just filed against an AI software provider offers a clear warning for any business using artificial intelligence to monitor or record customer service calls. On June 13, a California plaintiff filed a federal...more

SEC Sues SolarWinds and its CISO for Fraud Over Botched Data Breach Response, Marking New Era in Cyber Enforcement

The Volkov Law Group on 11/2/2023

The U.S. Securities and Exchange Commission has a message for publicly-traded companies that suffer a data breach: own up. On Monday, the SEC sued Texas-based SolarWinds––and its Chief Information Security Officer...more

Top 5 SEC Enforcement Developments for March 2023

Morrison & Foerster LLP on 4/21/2023

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important SEC enforcement developments from the past month, with links to primary resources...more

Fourth Circuit Rules Omission of Marriott’s Data Vulnerabilities Not Actionable Because Challenged Statements Were Not False When...

Akin Gump Strauss Hauer & Feld LLP on 5/5/2022

Key Points - Fourth Circuit points to SEC guidance on “less is more” approach to cybersecurity disclosures, while finding such disclosures did not violate federal securities laws. Omissions of data vulnerabilities were...more

Recent Updates in Two Closely-Watched Cybersecurity and Privacy-Related Securities Fraud Class Actions

Alston & Bird on 4/4/2022

Observers have been awaiting decisions in a number of cybersecurity and privacy securities fraud class actions with potentially important implications for corporate liability. Over the last several weeks, critical...more

Individual Criminal Liability For Failure To Disclose Data Breach Establishes A New Level Of Risk For Companies And Executives

Vinson & Elkins LLP on 9/2/2020

General Counsel and in-house legal departments have long struggled with articulating the risk of and determining the appropriate response to breaches of the company network and the potential exposure of confidential...more

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