Shoba Pillay and Jennifer Lee on the SEC SolarWinds Enforcement Action
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 23 January 2024
⏱️ 41 minutes
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Summary
The fallout from the SolarWinds intrusion took a new turn with the U.S. Security 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, on October 30 of last year. To talk about the details and significance of this enforcement action, Lawfare Senior Editor Stephanie Pell 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 cybersecurity and national security implications of the SolarWinds hack, what the SolarWinds enforcement action suggests about the SEC’s expectations for disclosure obligations of companies, and whether the SEC or another agency is best suited to determine whether and how SolarWinds should be held accountable. They also discussed larger takeaways and messages sent by the SEC’s decision to charge a CISO in this case.
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
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| 0:28.5 | As a business owner, you're full of potential and so is your business. |
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| 0:58.0 | It all starts with skills. |
| 1:01.0 | Search skills for life. It's the first time the SEC has sued a Cisso or any individual for that matter for their role in cybersecurity failures |
| 1:14.8 | and it's also the first time the SEC has sued a company for internal controls |
| 1:19.3 | failures arising from alleged cybersecurity deficiencies that led to a company's inability |
| 1:24.6 | to protect its key assets during a breach. I'm Stephanie Pell, senior editor at |
| 1:30.7 | Law Fair and this is the Law Fair Podcast January 23rd, 2024. |
| 1:36.9 | The fallout from the Solar Winds Intrusion took a new turn with the U.S. Security and Exchange Commission's decision to file a |
| 1:44.7 | cybersecurity-related enforcement action against the Solar Winds Corporation and |
| 1:49.7 | its Chief Information Security Officer, or C. So, Timothy G. Brown on October 30th of last year. |
| 1:58.0 | To talk about the details and significance of this enforcement action, I sat down with Shoba Palais, a partner at |
| 2:05.1 | Jenner and a former federal prosecutor. And Jennifer Lee, also a partner at |
| 2:10.9 | Jenner and a former assistant director in the SEC's division of enforcement. |
| 2:17.2 | We discuss the cyber security and national security implications of the Solar Winds hack. |
... |
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