ACI’s Cybersecurity Law and Compliance

The American Conference Institute’s (ACI) National Conference on Cybersecurity Law & Compliance is a practical, comprehensive event for the legal and compliance community. Attendees will learn how to ensure their organization’s cyber program is fully incorporating (and reconciling) a complicated web of federal and state requirements and that their company equipped to satisfy SEC, FTC and more agencies’ expectations.

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

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