User Guide: New SEC Cyber Rules and Balancing the Risk to Trade Secrets

Overview

Panelists introduce the background and motivations behind the SEC's 2023 cybersecurity rules, then explain the reporting requirements and the responsibilities of management and the board. They discuss the tension between disclosure requirements and trade secret protection, and provide best practices for regulated corporations implementing the rules.

What you’ll learn

• ✓Explain the SEC's 2023 cybersecurity rules and their motivations
• ✓Identify the reporting requirements and board responsibilities
• ✓Balance disclosure obligations against trade secret risk
• ✓Apply best practices for compliance

Curriculum

1. 1. SEC 2023 New Cybersecurity Rules

   Background and motivations behind the new rules.

   🔒 Locked

2. 2. Key Elements of the New SEC Rule

   Reporting requirements and responsibilities of management and the board.

   Video coming soon

3. 3. Balancing the New SEC Rules with Trade Secret Concerns

   Weighing disclosure requirements against trade secret risk.

   Video coming soon

4. 4. Best Practices for Regulated Corporations

   Practical guidance for implementing the SEC's rules.

   Video coming soon

Your instructors

Daniel B. Garrie

Founder, Law & Forensics; Neutral at JAMS; Faculty at Harvard

Law & Forensics LLC · JAMS · Harvard · Rutgers Law School · Journal of Law & Cyber Warfare

Daniel B. Garrie is the founder and executive managing partner of Law & Forensics LLC, a boutique cybersecurity and forensic engineering firm he co-founded in 2008. He serves as a neutral, arbitrator, and forensic special master at JAMS, focusing on cybersecurity, cryptocurrency, and complex technology disputes, and holds faculty appointments at Harvard and Rutgers Law School. A patented software inventor and prolific author, he is editor-in-chief of the Journal of Law & Cyber Warfare and a widely cited authority on computer forensics, eDiscovery, and cyber litigation.

Michelle Tanney

Partner, BakerHostetler

BakerHostetler

Michelle Tanney is a partner at BakerHostetler, advising on SEC cyber rules and the balance between disclosure and protecting trade secrets.

David Anderson

Vice President, Cyber Liability, Woodruff Sawyer

Woodruff Sawyer

David Anderson is Vice President for Cyber Liability at Woodruff Sawyer, contributing an insurance perspective on SEC cyber rules and trade secret risk.