Yelena Barychev

March 07, 2024 | The Legal Intelligencer

In order for public companies to make disclosures mandated by the new rules, the SEC cybersecurity requirements must flow down in contracts to companies' suppliers and partners to ensure communication, transparency, and collaboration about cybersecurity risks in the supply chain.

By Sharon R. Klein and Yelena Barychev

9 minute read

June 22, 2018 | The Legal Intelligencer

Over the years, companies' approach to cybersecurity has shifted from considering it as a purely technological issue or an issue that can be handled through a combination of technological and regulatory measures, to the current trend of a comprehensive approach to cybersecurity as a governance issue.

By Yelena Barychev

2 minute read

June 07, 2017 | The Legal Intelligencer

The Global Risk Management Survey, which surveyed 2,000 public and private companies across a wide range of industries, places cybercrime/hacking/viruses/malicious codes as the fifth risk globally and the top risk in North America. The survey also projects that the risk of cybercrime will stay at these levels in 2020. Since the cyberrisk is clearly on companies' radar screens and not going away in the near future, boards of directors need to establish an effective governance structure to oversee cybersecurity matters and monitor management's plans and progress in this critical area. An effective oversight mechanism can also serve as a good defense of a board's business judgement in the event of a cyberbreach and related lawsuits claiming that directors breached their fiduciary duties.

By Yelena Barychev

16 minute read

February 21, 2017 | The Legal Intelligencer

Today's board must have the right combination of skill and experience to oversee management in navigating the company's operations through the complex and shifting global and national economic and political landscape. It is no surprise that in this environment board composition keeps attracting shareholders' attention. According to PwC's 2016 Annual Corporate Directors Survey (2016 Survey), "investors are now exerting more influence than ever on how boards and management teams operate" and "the pendulum has swung from a 'board-centric' model ... to an 'investor-centric' model ... in which institutional investors and shareholder activists have an unprecedented say about board composition."

By Yelena Barychev 
and Jane Storero

17 minute read

November 12, 2008 | The Legal Intelligencer

The Securities and Exchange Commission's interpretive guidance released in August on the use of company Web sites for compliance with the disclosure requirements under the Securities Exchange Act of 1934 and the antifraud provisions of the securities laws highlights the need to include Web site review as part of a public company's corporate governance program.

By Jane K. Storero and Yelena Barychev

11 minute read