Tag: Cyber Incidents

SEC Staff Clarifies Form 8-K Reporting Requirements for Cyber Incidents | Paul, Weiss

Public companies should carefully consider the specific item of Form 8-K under which they disclose cybersecurity incidents. Since Item 1.05 was added, many companies have erred on the side of providing early disclosure under Item 1.05 even before the company has determined that an incident is material. Gerding acknowledges that early, voluntary disclosures have value to investors and the marketplace.…

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Hewlett Packard Enterprise tells SEC it was breached by Russia’s ‘Cozy Bear’ hackers

Hackers with suspected ties to the Russian government gained access to the technology manufacturer Hewlett Packard Enterprise Co.’s (HPE) cloud-based email environment, the company said Wednesday. In a filing with SEC regulators on Wednesday afternoon, HPE said it was notified on December 12 that hackers connected to Cozy Bear, also known as Midnight Blizzard, had breached its network and spent…

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SEC Cyber Reporting Mandates: How to Request a National Security or Public Safety Delay | Wiley Rein LLP

The new guidance highlights the importance of having a process in place to review cybersecurity incidents at the time they occur, determine materiality and reporting obligations, and assess whether a notification delay request based on public safety or national security grounds should be requested before the four-day SEC public notification obligation deadline. It also underscores the importance of having relationships…

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