Blogs

“A Deep Dive Into the SEC’s Materiality Trigger for Cybersecurity Incident Disclosures” from Perkins Coie illustrates by example the unique challenges associated with making materiality determinations under the new SEC cybersecurity rule and suggests good practices companies should consider to promote compliance.

Cooley’s “Key Considerations for Form 8-K Cybersecurity Materiality Determinations” offers practical considerations for making materiality determination with reference to the SEC’s adopting release, including the identification of factors that may bear on a substantive analysis of materiality; development of materiality assessment processes on a “clear day”; and potential reporting snags.

Editor’s Note: Materiality determinations are among the many challenges associated with the new SEC cybersecurity disclosure and incident reporting rule that will be addressed in next week’s Corporate Practices Committee-hosted webinar: “SEC Cybersecurity Disclosure Rules: What to Do Now.” Register today!

                     This post first appeared in the weekly Society Alert!