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

May 8, 2018

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 the white paper, titled Between a Rock and A Hard Place: SEC Disclosure Analysis in Light of the Yahoo Settlement.”

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