The SEC has proposed rules (Release No. 33-11038) that would require new cybersecurity disclosures. If adopted the rules would codify and build upon the Commission guidance on cybersecurity risks and incidents.

The proposed amendments include:

  • Form 8-K filing regarding material ‎cybersecurity incidents within 4 business days
  • Forms 10-K

As we discussed in our posting at the end of 2020, “SEC Focus on SPACs“, special purpose acquisition companies (SPACs) have become an important investment vehicle and source of M&A activity and the focus of heightened  attention from the SEC staff.  SPAC transactions include initial public offerings and

For decades, companies issuing debt securities in the high yield market could not provide a full package of credit support from non-US subsidiaries.  The same was true for borrowing money under credit facilities. That’s because IRS rules treated credit support from non-US subsidiaries as a deemed dividend to the US