Topic
Materiality
117 published works
Data Protection Report
SEC statement clarifies material cybersecurity incident disclosure requirement
By Chris Cwalina (US), Will Daugherty (US), Kevin J. Harnisch (US), Ji Won Kim (US)
SEC final rule on reporting material cybersecurity incidents In July 2023, the US Securities and Exchange Commission (SEC) finalized its rule requiring public companies to disclose material cybersecurity incidents under…
Public Chatter
Corp Fin Director Erik Gerding Issues “Cyber Materiality” Statement
Yesterday, Corp Fin Director Erik Gerding issued a statement to clarify that a company should not file Form 8-K under Item 1.05 in connection with a cybersecurity incident that it…
Cleary M&A and Corporate Governance Watch
Crossing a New Threshold for Material Cybersecurity Incident Reporting
By Helena K. Grannis, Rahul Mukhi, Jonathan S. Kolodner, Tom Bednar, Nina E. Bell
The following post was originally included as part of our recently published memorandum “Selected Issues for Boards of Directors in 2024”. In July 2023, the U.S. Securities and Exchange Commission…
Eye on Enforcement
Bipartisan Senate Bill Seeks To Weaken the False Claims Act’s Materiality Standard
By Gregory G. Marshall, Casey L. Miller
On July 25, 2023, U.S. Senator Chuck Grassley (R-IA), introduced a bill that aims to, among other things, make it easier for the government to satisfy the False Claims Act’s…
Government Contracts Legal Forum
He’s a Material Guy in a Material World: Senator Grassley Proposes FCA Amendments to Weaken Materiality Defense Where Government Pays Despite Knowledge of Non-Compliance
By Brian Tully McLaughlin, Preston Pugh, Stephen M. Byers, Lyndsay Gorton, Amanda McDowell
The continual push and pull between the courts and Congress over the contours of the False Claims Act (“FCA”) has once again spawned proposed legislation unfavorable to FCA defendants, this…
The CLS Blue Sky Blog
Comparing Auditors’ and Users’ Materiality Judgments
Materiality is a ubiquitous concept in accounting and auditing. Accounting and disclosure rules, with few exceptions, are bounded by materiality, meaning that if a matter is immaterial, it is often…
Public Chatter
A New Guide: “The Challenges of the ‘Materiality’ Determination”
By Broc Romanek
I have put together this “The Challenges of the 'Materiality' Determination” Guide. Check it out!
Inside the False Claims Act
False Claims Act Fundamentals: What is Materiality?
By Nathan Brown
As previously discussed as a part of our ongoing FCA Fundamentals series, the False Claims Act (FCA) is the federal government’s most important and most effective tool for fighting fraud.…
Public Chatter
The SEC’s Climate Proposal: Where Did We Wind Up With “Materiality”?
Leading up to the recent issuance of the SEC’s climate disclosure proposal, there has been much debate regarding the definition of “materiality” – both outside the SEC and reportedly even…
Public Chatter
The SEC’s Chief Accountant Talks “Materiality”
By Andrew Moore, Arian Galavis
Any time that the SEC Staff talks “materiality,” it’s worth listening given the importance of that determination. Last week, the SEC’s Acting Chief Accountant - Paul Munter - issued a…