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Compliance Into the Weeds

Compliance into the Weeds: SEC Sues Solar Winds and CISO

The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into a compliance-related topic, literally going into the weeds to explore a subject more thoroughly, looking for some hard-hitting insights on sanctions compliance. Look no further than Compliance into the Weeds! In this episode, Tom and Matt take a deep dive into the recent SEC Civil Complaint against Solar Winds and its CISO, Timothy Brown, for undisclosed failures in the company’s cybersecurity compliance program disclosures prior to, during, and after the infamous Solar Winds data hack.

The recent SEC lawsuit against SolarWinds Corp and its CISO, Tim Brown, following the 2020 data breach has sparked a critical conversation about executive liability in cybersecurity disclosures. Matt views this lawsuit as a significant development that raises essential questions about the personal liability of senior executives for inaccurate or misleading disclosures about cybersecurity risks. He emphasizes the potential implications this case could have for other executives in charge of trouble, such as compliance officers.

Tom underscores the concerns regarding the accuracy and transparency of SolarWinds’ cybersecurity disclosures. He highlights the evidence of a culture of deception within the company and the need to hold executives accountable for inaccurate disclosures. Join Tom Fox and Matt Kelly as they delve deeper into this topic in the latest episode of the Compliance into the Weeds podcast.

 Key Highlights:

  • Liability of Senior Executives in Cybersecurity
  • SolarWinds’ Orion Software: Russian Government Cyberattack
  • Personal Liability for Misleading Cybersecurity Disclosures
  • Implementing Relevant Controls for Cybersecurity

 Resources:

Tom 

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The Woody Report

The Solar Winds Decision

Welcome to The Woody Report, where Washington & Lee School of Law Associate Professor Karen Woody and host Tom Fox discuss issues on white-collar crime, compliance issues, international corruption, securities, and accounting fraud, and internal corporate investigations. From current events to topical issues to academic research and thought leadership, Karen Woody helps lead the discussion of these issues on the new and exciting podcast. In this episode, Tom and Karen explore the recently announced decision in the Solar Winds shareholder claim based upon the Caremark Doctrine. Some of the issues we explore include:

  1. Background facts and court rationale.
  2. What is ‘positive law’?
  3. Can any cyberbreach claim be the basis of a Caremark Claim?
  4. Why is victim v. perpetrator status critical in a Caremark Claim?
  5. What is the bad faith standard in Caremark Claims?
  6. What does this decision portend for Caremark Claims going forward?

Resources

Karen Woody on LinkedIn

Karen Woody at Washington & Lee, School of Law