ACI’s Cybersecurity Law and Compliance

Marcy Wilder will speak on "The Big Debate & Hypothetical Scenarios: Determining When (and When Not) an Incident is 'Material' Under the New SEC Rules–and Evaluating Liability Risk for Material Misrepresentation." This dynamic session will work through hypothetical scenarios and a debate between speakers on what is “material” in the context of a breach. Topics covered will include:

• Determining what is a “material” breach under Form 8-K standards for a cyber incident
• Defining what is an “incident” and whether it needs to be reported and to whom
• Determining how much to disclose, what is material to the breach, and the Affirmative Disclosure Rule
• Who determines what is material within your organization and the process and criteria for assessing what is material
• Determining whether a shareholder would consider the incident important in making an investment decision
• When to “start the clock” for complying with the SEC reporting deadlines
• Mapping communication standards within the company and to stakeholders
• What is privileged information that cannot be disclosed
• What constitutes disclosing the whole breach, and what are grey areas
• What can emerge during discovery and potentially lead to litigation
• Regulatory implications of not providing a full disclosure