Key Considerations for Form 8-K Cybersecurity Materiality Determinations
By EsqSocial Corporation 27/09/23
With 8-K reporting obligations for “material” cybersecurity incidents under the new Securities and Exchange Commission (SEC) rules becoming effective as of December 18, 2023, most companies will soon be tasked with making “real-time” materiality determinations following a cybersecurity incident.1 While the SEC has emphasized that the new Item 1.05 reporting requirement is rooted in traditional securities law concepts of materiality (i.e., is there a substantial likelihood that a reasonable...
By: Cooley LLP