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Published date: 31 July 2024

Misstatements and cybersecurity: will SolarWinds blow across the Atlantic?

If SolarWinds were a UK listed company, would we be seeing similar enforcement action by UK authorities?

A US company, SolarWinds, and its Chief Information Security Officer (CISO) are being prosecuted by the US Securities and Exchange Commission (SEC) for alleged misstatements on its website relating to cybersecurity and a series of cyber-attacks revealed in 2020. 

The SEC has been seeking to rely on public company disclosure rules and its ability to enforce certain cybersecurity-related controls, but a recent court ruling has seen many of its claims thrown out.  

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