Reporting cybersecurity incidents on Form 8-K
Harvard Corporate Governance
JUNE 2, 2024
Posted by Cydney Posner, Cooley LLP, on Sunday, June 2, 2024 Editor's Note: Cydney Posner is Special Counsel at Cooley LLP. This post is based on her Cooley memorandum. Yesterday, Corp Fin Director Erik Gerding issued a statement designed to clarify the use of Form 8-K Item 1.05 versus Form 8-K Item 8.01 when reporting cybersecurity incidents. Sounds like some of us might be doing it incorrectly—or at least sub-optimally—potentially resulting in investor confusion.
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