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Between a Rock and a Hard Place: SEC Disclosure Analysis in Light of Yahoo

By Andrew Konia, Alexander Madrid, David S. Wolpa & Jane Whitt Sellers on May 8, 2018
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On April 25, the Securities and Exchange Commission announced a settlement with Yahoo that constituted its first enforcement action against a public company for failing to disclose a data breach.

This settlement demonstrates that companies in post-data breach environments must engage in a thorough, fulsome analysis of whether to disclose the cybersecurity incident in their public filings. In conducting this analysis, companies face a difficult choice: disclose and face public and investor backlash, or decline to disclose and potentially face later regulatory scrutiny and/or class action stockholders’ litigation.

To read McGuireWoods’ analysis of what the Yahoo settlement can teach about proper disclosure analysis and the factors that a company must consider when conducting this critical task, download a copy of our white paper, titled “Between a Rock and A Hard Place: SEC Disclosure Analysis in Light of the Yahoo Settlement.”

Photo of Andrew Konia Andrew Konia

Andrew’s practice is singularly focused on protecting clients’ businesses and data, anticipating disputes, and strengthening their competitive position in the marketplace.

Read more about Andrew KoniaEmail
Photo of Alexander Madrid Alexander Madrid
Read more about Alexander MadridEmail
Photo of David S. Wolpa David S. Wolpa

David concentrates his practice on securities, mergers and acquisitions and general corporate matters, representing clients in a wide variety of industries. His experience includes representing public and private companies in offerings of securities and mergers and acquisitions transactions.

Read more about David S. WolpaEmail
  • Posted in:
    Privacy & Data Security
  • Blog:
    Password Protected
  • Organization:
    McGuireWoods LLP
  • Article: View Original Source

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