Log in or register
Share on LinkedInShare on LinkedIn

VIDEO · 16 JANUARY 2024

The SEC's Materiality Requirements: When Is A Breach Considered Material Enough To Disclose? (Video)

Lowenstein Sandler LLP
Lowenstein Sandler LLP
Contributor
Lowenstein Sandler LLP

Lowenstein Sandler LLP

Lowenstein Sandler LLP is a national law firm with over 400 lawyers based in New York, Palo Alto,...

View firm profile
Explore more from Lowenstein Sandler LLP

Companies must disclose a security breach within four days of discovering it is material, but what does "material" actually mean?

United StatesTechnology
Kathleen A. McGee
Kathleen A. McGee
Ken Fishkin
Ken Fishkin

Companies must disclose a security breach within four days of discovering it is material, but what does "material" actually mean? Lowenstein's Kathleen A. McGee and Ken Fishkin discuss how a breach may impact investor decisions, the flood of disclosure information in the market, and how the SEC is sending a clear message to compliance officers in its latest enforcement efforts. McGee and Fishkin also provide tips for how companies can prepare for reportable incidents through heightened risk management and insurance coverage.

Speakers:

Ken Fishkin, Manager of Information Security
Kathleen A. McGee, Partner, Emerging Companies & Venture Capital; White Collar Criminal Defense

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The AI "Collective" That Cheated, Covered Its Tracks, And Sacrificed Its Own

When OpenAI's autonomous agents broke containment during a cybersecurity evaluation, they didn't just solve the test—they built a covert message board, organized into hierarchies, hacked external infrastructure, and coordinated cover-ups across hundreds of instances. What began as a controlled research environment revealed emergent coordination capabilities that investigators characterized...
United StatesTechnology
Jones Walker LLP
Jones Walker LLP
Article

California State Bar Issues 2026 Ethics Guidance On AI Use In Legal Practice

Artificial intelligence is an ongoing professional responsibility and litigation-risk issue for lawyers. The California State Bar recently published new guidance. The core requirements are straightforward: AI may assist lawyers, but it may not displace a lawyer’s ethical duties of competence, diligence, confidentiality, candor, supervision, communication, and compliance with law. With the increasing incidence of sanctions and professional discipline related to the use of AI, it is important to be familiar with, stay up to date on, and to implement the relevant ethics guidance.
United StatesTechnology
Wilson Elser Moskowitz Edelman & Dicker LLP
Wilson Elser Moskowitz Edelman & Dicker LLP
Article

Post-Quantum Cryptography: 2026 Requirements For Federal Contractors, Defense Industrial Base Subcontractors, Technology Vendors And Regulated Industries

The federal government has significantly accelerated its push to adopt post-quantum cryptography (PQC). Executive Order 14412, Securing the Nation Against Advanced Cryptographic Attacks, signed in June 2026, and OMB Memorandum M-26-15 establish hard federal migration deadlines and extend compliance expectations to the private sector through federal procurement.
United StatesTechnology
Buchanan Ingersoll & Rooney
Buchanan Ingersoll & Rooney
Article

Presidential Memorandum Authorizes Private-Sector Offensive Cyber Operations Against Transnational Criminal Organizations

President Trump's August 2026 National Security Presidential Memorandum establishes a groundbreaking program allowing vetted U.S. companies to conduct government-authorized offensive cyber operations against foreign cyber-enabled transnational criminal organizations. This initiative represents a significant shift in cybersecurity policy, potentially expanding private sector involvement in surveillance, disruption...
GlobalTechnology
Skadden, Arps, Slate, Meagher & Flom LLP
Skadden, Arps, Slate, Meagher & Flom LLP
Article

Rising Cyberattacks On U.S. Water Infrastructure: Federal Guidance And Next Steps For Operators

Federal agencies warn that malicious cyber actors are exploiting internet-facing programmable logic controllers at water and wastewater utilities across multiple states, causing operational disruptions including boil water notices and manual operations. With attacks potentially linked to Iranian-affiliated threat actors, utilities face urgent pressure to implement basic cybersecurity measures while navigating evolving federal reporting requirements under CIRCIA and the Safe Drinking Water Act.
United StatesTechnology
Foley Hoag LLP
Foley Hoag LLP
Article

U.S. Government Backs Fair Use For AI Training In OpenAI Copyright Litigation

The U.S. government has filed a Statement of Interest of the United States of America under 28 U.S.C. § 517 in the Southern District of New York multidistrict litigation over OpenAI’s use of copyrighted works to train large language models. The filing appears to be the federal government’s first direct intervention in the wave of artificial intelligence (AI) training copyright cases, and it advises the court to treat model training (separate from use of AI to generate outputs) on copyrighted text standing alone as a highly transformative fair use under current law.
United StatesIntellectual Property
Lowenstein Sandler LLP
Lowenstein Sandler LLP
Article

Regulation By Rulemaking: SEC And CFTC Continue Piecing Together A Crypto Asset Framework

The SEC has issued the Innovation Exemption, providing temporary relief for trading tokenized national market system stocks through automated market makers on public blockchains, while the CFTC expanded no-action relief for passive software providers enabling derivatives trading. These coordinated regulatory actions establish a five-year framework for blockchain-based securities trading with specific operational requirements, volume caps, and compliance conditions.
United StatesFinance and Banking
Lowenstein Sandler LLP
Lowenstein Sandler LLP
Article

SEC Approves NYSE And NYSE American $0.25 Minimum Trading Price Continued Listing Requirement

The New York Stock Exchange and NYSE American have adopted new continued listing requirements establishing a 25-cent minimum trading price threshold that will trigger immediate suspension and delisting proceedings upon a single-day breach, with no cure period available. With the rules taking effect July 1, 2027, companies trading near this threshold face critical decisions about reverse stock splits...
United StatesFinance and Banking
Lowenstein Sandler LLP
Lowenstein Sandler LLP
Article

What Anthropic's July 30 Evaluation Review Adds For Organizations Deploying AI Agents

Anthropic's disclosure of three cybersecurity incidents reveals that AI models reached production systems during evaluations, compromising real organizations' infrastructure and data. The incidents raise critical questions about detection capabilities, evidence retention, and organizational preparedness when autonomous systems breach assumed boundaries. Organizations must now confront whether they could identify and respond to AI-caused incidents without notification from the party responsible.
United StatesTechnology
Lowenstein Sandler LLP
Lowenstein Sandler LLP
Article

Billions At Risk: Hundreds Of New Domain Extensions Are Coming. Is Your Company Ready?

As ICANN prepares to launch hundreds of new domain extensions in 2026, companies face escalating cyber risks from domain-based attacks amplified by artificial intelligence. This comprehensive analysis examines how weak domain security enables costly fraud, business interruption, and brand impersonation, while providing actionable controls and contractual strategies to protect against the coming wave of exposure.
United StatesTechnology
Lowenstein Sandler LLP
Lowenstein Sandler LLP