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Staying Ahead of the Curve: Handling the Evolving Landscape of SEC Cyber Regulations and Compliance


Level: Intermediate
Runtime: 60 minutes
Recorded Date: October 02, 2023
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Agenda

  • Background
  • Cybersecurity Disclosure Mandates
  • Current Reporting on Cybersecurity Incidents
  • Annual Cybersecurity Risk Management Disclosure
  • Potential Compliance & Enforcement Implications
  • Compliance Dates
  • Q & A

For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

As the digital landscape evolves, it is essential for organizations to stay ahead of the curve and effectively address cyber risks to protect sensitive information and maintain regulatory compliance. The SEC has taken a similar approach of trying to protect sensitive information with their broad suite of new cybersecurity rules, including policies and procedures to address cybersecurity risk, written incident response programs, and much more. Our panelists will share insights into the evolving expectations of the SEC, discuss compliance processes that should be implemented and identify best practices to improve incident response and reporting.

This program was recorded as part of ALM & Corporate Counsel's Annual General Counsel Conference East on October 2, 2023.

Provided By

General Counsel Conference
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Panelists

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Eben Kaplan

Senior Director, Advisory Services
CrowdStrike

Eben Kaplan has over two decades of experience analyzing, writing about, and advising on security policy and strategy. As Senior Director for Advisory Services at CrowdStrike, he leads a practice that helps organizations develop proactive strategies for defending themselves against potential attacks, before they experience a security incident.

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Nicholas (Nick) Barnaby

Vice President, Deputy General Counsel & Asst. Corporate Secretary
General Dynamics Corporation

Nick Barnaby is Staff Vice President, Deputy General Counsel & Assistant Corporate Secretary at General Dynamics Corporation in Reston, VA. Mr. Barnaby handles, among other topics, corporate governance and Board matters. He also regularly advises on significant litigation and investigations, cybersecurity, corporate sustainability, and investor relations matters. Prior to joining General Dynamics, Mr. Barnaby was a partner in the Investigations, Compliance, and Defense practice at Jenner & Block LLP in Washington, DC. While in private practice, much of his work focused on complex investigations, defending enforcement actions, and litigation matters. Mr. Barnaby graduated Magna cum laude, from Harvard Law School in 2008.

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Robert Cohen

Partner
Davis Polk Wardwell

Rob brings 15 years of senior-level experience in the SEC’s Division of Enforcement to his work representing companies, boards and individuals in government investigations, as well as conducting internal investigations.

He represents public companies in SEC investigations concerning disclosures, accounting and internal controls. He is an authority on cryptocurrency enforcement, having served as the first-ever Chief of the SEC’s Crypto Assets and Cyber Unit and led the SEC’s first wave of cases involving digital assets. Rob also is active in our Data Privacy & Cybersecurity practice.

Rob is "is a terrific litigator and he really digs in to get to the meat of things," says a source quoted by Chambers FinTech.

When Rob was Co-Chief of the SEC’s Market Abuse Unit, he handled enforcement actions involving insider trading, market structure, manipulation, broker-dealers, ATSs and exchanges.

He is co-chair of the D.C. Bar’s Securities Enforcement Subcommittee.

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Peter Micek

General Counsel & UN Advocacy Manager
Access Now

Peter Micek is General Counsel and UN Policy Manager at Access Now, based in New York City. Peter Micek leads the Legal arm, managing risk to global programming and operations, closely with the organization's Digital Security Helpline, Grants, and RightsCon teams. The Legal arm engages in strategic litigation and bolsters legal support for civic space online and civil society actors globally. As UN Policy Manager, Peter advances international norms and law on digital rights, including on privacy and spyware, censorship and internet shutdowns, and digital identity programs.

Peter is also Lecturer at the Columbia University School of International and Public Affairs (SIPA) on internet governance and public policy in the digital age, and sits on the Advisory Board of the Univ. of Oklahoma College of Law’s Center for International Business and Human Rights, and formerly the World Economic Forum’s Global Future Council on the Future of Cybersecurity.

A lawyer by training, Peter completed a JD cum laude at the University of San Francisco School of Law, and in 2010 published "A Genealogy of Home Visits," critiquing surveillance of at-risk communities. As a law student, Peter defended independent journalists and engaged in Freedom of Information litigation at First Amendment Project. Peter studied political science and journalism at Northwestern University in Evanston, IL. He is licensed by the state bars of California and New York, and has no cats.


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