ARTICLE · 22 OCTOBER 2021

Cybersecurity Breaches: Disclosure Considerations Amid Increasing SEC Scrutiny

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Recent cybersecurity events have tested the cybersecurity defenses of many of America's largest public companies and given rise to private class actions and insider trading cases.

United StatesCorporate/Commercial Law

Brian R. Boch, Esq.

Charles D. Riely

William R. Erlain, Esq.

(October 15, 2021) - Brian R. Boch, Charles D. Riely and William R. Erlain of Jenner & Block explain guidance from the Securities and Exchange Commission on disclosing cybersecurity incidents and discuss factors that public companies should consider when crafting their disclosures.

Recent cybersecurity events have tested the cybersecurity defenses of many of America's largest public companies and given rise to private class actions and insider trading cases. At the same time, the U.S. Securities and Exchange Commission (the "SEC") has ramped up its enforcement against misleading cybersecurity disclosures and announced plans to consider adopting new disclosure obligations. Thus, companies may find their ability to respond to a cybersecurity event in real time tested on multiple fronts.

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Cybersecurity Breaches: Disclosure Considerations Amid Increasing SEC Scrutiny

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