With 8-K reporting obligations for “material” cybersecurity incidents under the new Securities and Exchange Commission (SEC) rules becoming effective as of December 18, 2023, most companies will soon be tasked with making “real-time” materiality determinations following a cybersecurity incident. While the SEC has emphasized that the new Item 1.05 reporting […]
Securities and Exchange Commission Chairman Gary Gensler has pledged to bring a renewed focus to robust enforcement of the federal securities laws. As we observed in a recent blog post, under Chairman Gensler and Director Gurbir Grewal, the SEC’s Division of Enforcement will be more aggressive in several arenas—including public company […]
FTC Increasingly Looks to Public Companies’ SEC Disclosures for Privacy and Cybersecurity Enforcement Opportunities
While the FTC does not make its initial privacy and cybersecurity investigations public, there have been reports that the FTC has initiated an increasing number of privacy and cybersecurity-related enforcement actions following disclosures of privacy or cybersecurity incidents by public companies in their SEC filings.