Doug Davison, Mark Keene, John Reed Stark

The SEC has recently brought several noteworthy actions underscoring privacy and data safeguards for investors. Last year, for example, the agency brought the first-ever enforcement action under Regulation S-ID’s Red Flags Rules on identity theft. While the SEC has sued public companies for a failure to disclose material data breaches to investors, as in Yahoo!’s case, public companies may soon face more scrutiny — in its recent report under Section 21A of the Exchange Act, the SEC warned publicly-traded companies to take “reasonable measures” to protect against cyberattacks, or risk internal controls violations. It’s critical for businesses to understand what’s reasonable from a regulatory perspective, but also practical to implement.  This session will explore recent enforcement trends, examine what steps SEC-regulated entities and public companies should take to comply with applicable regulations, and consider when to report data breaches.

Doug Davison, Partner, Linklaters
Mark Keene, Associate General Counsel, Bank of America Merrill Lynch
John Reed Stark, Digital Compliance Consultant, Former Chief, SEC Office of Internet Enforcement

Readings:

Some Good News for the Cybersecurity Class Action Bar
John Reed Starck (Law 360; D&O Diary, CybersecurityDocket, SecuritiesDocket) (2019)

What the Capital One Hack Means for Boards of Directors
John Reed Starck (Cybersecurity Docket, The D&O Diary, The Harvard Law School Forum on Corporate Governance and Financial Regulation) (2019)

A Dozen Obvious (and Not So Obvious) C-Suite Takeaways from the 2018 SEC Cyber-Disclosure Guidance
John Reed Starck (Cybersecurity Docket, Securities Docket, D&O Diary) (2019)

Expect More SEC Cybersecurity Enforcement This Year,
Doug Davison, Adam Lurie, and Meredith Riley (Law 360) (2019)

Facebook to Pay $100 Million for Misleading Investors About the Risks It Faced From Misuse of User Data
(Press Release: US Securities and Exchange Commission) (2019)

US Securities and Exchange Commission: complaint re Facebook
US Securities and Exchange Commission (2019)

Doug Davison
Doug Davison

Partner
Linklaters

John Reed Stark
John Reed Stark

President
John Reed Stark Consulting

Mark Keene
Mark Keene

Associate General Counsel, Managing Director
Bank of America Merrill Lynch