On July 26, 2023, the Securities and Exchange Commission (“SEC”) adopted its long-anticipated cybersecurity reporting rule (the “Final Rule”). The Final Rule applies to public companies subject to the reporting requirements of the Securities Exchange Act of 1934 and, in some cases, to foreign private issuers. As quoted in the SEC’s press release, SEC Commissioner Gary Gensler noted that many public companies already make cybersecurity disclosures to investors, and the Final Rule provides uniformity and structure for these future disclosures. The Final Rule also imposes a tight timeline for cybersecurity incident reporting and may include disclosure of an ongoing cybersecurity incident, as well as requiring periodic disclosures concerning organizational cybersecurity risk management processes and governance.
While the substantial backlog of decisions has many observers waiting for a flood of rulings, the Supreme Court is moving at its own pace. Thus, the Court has issued a single opinion today, but especially for readers who are involved in administrative law challenges to administrative agency determinations, it is an important one. And it might become even more significant to the extent that it augurs future limitations on agency autonomy.
Recent Updates
- The Blue Tsunami: Weathering Congressional Investigations Poised to Dominate the Remainder of Trump’s Term
- AI Standing Orders in Ohio Federal Courts: Scope and Proof of Violations
- The Courthouse Banned Your AI Glasses: What New York’s Smart Glasses Rule Means for Litigants and Counsel
- Fall 2026 SCOTUS Preview: Cases to Watch
- Same Trade Secret Dispute, Different Injunction Standards: PCC Airfoils v. Daugherty, et al., and Forum Choice in Ohio