Since the Securities and Exchange Commission’s Cybersecurity Incident Disclosure Rule (SEC Rule) took effect Dec. 18, 2023, about a dozen companies have filed a Form 8-K reporting a material cybersecurity incident. This GT Alert discusses the trends on how companies have made these disclosures thus far. In short, the companies who have filed an 8-K have erred on the side of caution, hedging on whether the materiality threshold has been met, reporting an incident early, and providing only high-level information about the incident.

Continue reading the full GT Alert.

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Photo of Jena M. Valdetero Jena M. Valdetero

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice where she advises clients on complex data privacy and security issues. She has led more than 1,000 data breach investigations. A litigator by background, Jena defends companies against…

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice where she advises clients on complex data privacy and security issues. She has led more than 1,000 data breach investigations. A litigator by background, Jena defends companies against privacy and data breach litigation, with an emphasis on class action lawsuits. She has designed and conducted dozens of data breach tabletop exercises to empower clients to respond effectively to a data security incident. She also counsels companies on data privacy and security compliance programs and advises on privacy and cyber risks associated with mergers and acquisitions, venture capital, and securities. Jena also advises a diverse array of clients on compliance with existing and emerging privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Gramm Leach Bliley Act (GLBA), and the Health Insurance Portability and Accountability Act (HIPAA). She is a certified privacy professional through the International Association of Privacy Professionals (CIPP/US), for which she is a former KnowledgeNet Co-Chair.

Photo of Wouter van Wengen Wouter van Wengen

Wouter van Wengen is a member of the corporate practice in Greenberg Traurig’s Amsterdam office. He focuses his practice on intellectual property law, IT contracts and data protection lawHe represents national and international clients in the creative sector, the technology industry…

Wouter van Wengen is a member of the corporate practice in Greenberg Traurig’s Amsterdam office. He focuses his practice on intellectual property law, IT contracts and data protection lawHe represents national and international clients in the creative sector, the technology industry, and a variety of other companies.

Wouter holds an LL.M. degree in information law at the University of Amsterdam, and an LL.M. degree in Intellectual Property Law at Indiana University Maurer School of Law and is a member of the Dutch Bar Association.