In this episode, Cynthia Cole, IP & Technology Partner based in Palo Alto, is joined by Jerome Tomas, Chair of the Firm’s Securities and Exchange (SEC) and Financial Institutions Enforcement Group based in Chicago, as the two discuss the SEC’s recently issued Final Rules for Cyber and what this means for public companies. Listen in to learn more about:

  • Why should you care? The SEC has brought enforcement actions before based on data breach disclosure-what’s different now?  
  • Will this bring on a flood of disclosure about security incidents?
  • What is the “materiality” standard and how does it apply here? 
  • Do the final rules actually do away with the aggregation of incidents principle as outlined in the proposed rules? 
  • How the SEC will be checking your defined terms in your incident response plans-make sure your terms are consistent across all incidents and across all functions 

Read our key takeaways blog post on the Final Rules here for more information.

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Cynthia is an Intellectual Property Partner in Baker McKenzie's Palo Alto office. She advises clients across a wide range of industries including Technology, Media & Telecoms, Energy, Mining & Infrastructure, Healthcare & Life Sciences, and Industrials, Manufacturing & Transportation. Cynthia has deep experience in complex cross-border, IP, data-driven and digital transactions, creating bespoke agreements in novel technology fields.


Jerome has extensive experience representing clients in government litigation and enforcement investigations before the SEC, DOJ, various United States Attorneys Offices and the Commodities Futures Trading Commission .