Lawfare Daily: Shoba Pillay and Jennifer Lee on the Dismissal of Charges Against the SolarWinds Corporation and Timothy Brown
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 21 August 2024
⏱️ 39 minutes
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Summary
The fallout from the SolarWinds intrusion took a new turn with the U.S. Securities and Exchange Commission’s (SEC) decision to file a cybersecurity-related enforcement action against the SolarWinds corporation and its Chief Information Security Officer (CISO), Timothy G. Brown, in October of 2023. But In July, District Court Judge Paul A. Engelmayer dismissed a number of charges in the SEC’s complaint against SolarWinds and Brown.
To talk about this significant development in the case, Stephanie Pell, Lawfare Senior Editor and Brookings Fellow, sat down with Shoba Pillay, a partner at Jenner & Block and a former federal prosecutor, and Jennifer Lee, also a partner at Jenner & Block and a former Assistant Director in the SEC’s Division of Enforcement. They discussed the court’s rationale for allowing some charges to stand, while dismissing others, what stood out most in the dismissal of the case, and how this case may shape the SEC’s cybersecurity enforcement actions in the future.
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| 1:06.3 | take a free test drive at Oracle.com.com. The court dismissed the SEC's most novel charge about internal accounting controls violations. This claim was premised on the company's alleged weak cybersecurity controls, |
| 1:26.0 | and the court was very focused on statutory construction, |
| 1:30.0 | which is here in 13B2B of the Security Exchange Act of 1934. |
| 1:34.3 | And ultimately, the court set the statute focuses on financial accounting, |
| 1:39.3 | not cybersecurity controls. |
| 1:41.9 | It's the Law Fair podcast. I'm Stephanie Pell, senior |
| 1:46.1 | editor at Law Fair with Shoba Palais, a partner at Jenner and a former |
| 1:52.0 | federal prosecutor, and Jennifer Lee, also a partner |
| 1:56.1 | at Jenner and Block and a former assistant director in the SEC's Division of enforcement. |
| 2:03.6 | The more we put companies on their heels on how they publicly describe their security, |
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