Keeping up with the SEC: Unpacking the New Public Company Cybersecurity Rule and Enforcement

The SEC has been increasingly active in targeting cybersecurity practices, issuing new rules governing disclosures of cybersecurity measures and risks, management and board oversight of such risks, and reporting of significant cybersecurity incidents. 

 

This program will provide an overview of the new rule governing public companies, with a specific focus on the requirement report material cybersecurity incidents within four business days, and a recent enforcement action putting Chief Information Security Officers directly in the SEC’s enforcement cross-hairs. Attendees will leave with a practical understanding of what’s required to comply with the new rule and key takeaways for companies to consider for compliance.

 

Presenter Bios 

 

Jena M. Valdetero serves as Co-Chair of the firm’s U.S. Data, Privacy and Cybersecurity Practice where she advises clients on complex data privacy and security issues. She has led more than 1,000 data breach investigations. A litigator by background, Jena defends companies against privacy and data breach litigation, with an emphasis on class action lawsuits. She has designed and conducted dozens of data breach tabletop exercises to empower clients to respond effectively to a data security incident. She also counsels companies on data privacy and security compliance programs and advises on cyber risks associated with mergers and transactions. Jena also advises a diverse array of clients on compliance with existing and emerging privacy laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Gramm Leach Bliley Act (GLBA), and the Health Insurance Portability and Accountability Act (HIPAA). She is a certified privacy professional through the International Association of Privacy Professionals (CIPP/US), for which she is a former KnowledgeNet Co-Chair.

 

Jena is a passionate advocate of diversity and inclusion. She currently serves as a board member of the Chicago chapter of Women in Law Empowerment Forum.

 

CONCENTRATIONS

 

• Assessing cyber security risks and advising on data security incidents

• Drafting policies, procedures, and training materials related to data privacy and security     compliance

• Conducting executive leadership data breach tabletops

 

 

Steven M. Malina, a former Senior Attorney in the SEC’s enforcement branch, focuses his practice on a variety of litigation and regulatory matters with representations of financial services industry clients, hedge fund matters, and securities and general commercial litigation. He represents officers, directors, broker-dealers, investment advisors, commercial banks, investment banks, investment management firms, and public issuers in investigations and disciplinary proceedings initiated by the SEC, CFTC, FINRA, FDIC, NYSE, CBOE, CME, and state regulators.

 

In addition, Steve represents clients in related investor class-action, derivative, and other litigation and arbitration. He has also conducted internal investigations on behalf of publicly traded companies and represented committees and executive officers in internal investigations. 

 

Steve has represented brokerage firms and their management in customer-initiated cases, and injunction and arbitration proceedings. 

 

Prior to entering private practice, Steve served as First Vice President and Deputy Regional Counsel for a large financial corporation and was a Senior Attorney in the Branch of Enforcement of the U.S. Securities and Exchange Commission.