Sep. 11, 2024

CrowdStrike Outage: A Test of Form PF Current Report Procedures

When faulty code in a software update released by cybersecurity firm CrowdStrike crashed certain computer systems running Microsoft Windows this summer, it caused chaos for airlines, banks, shipping companies, healthcare providers and other organizations. It also was the first large-scale test of certain SEC reporting requirements, including those issued in the December 2023 amendments to Form PF, which oblige large hedge fund advisers to file reports no later than 72 hours after the occurrence of designated trigger events, such as a significant disruption of “critical operations.” This article summarizes the Form PF current reporting requirements, discusses the details of the CrowdStrike outage, explains what fund managers should have considered when determining whether they had to file a current report and provides key takeaways from the incident. See “A Framework for Materiality Determinations Under SEC’s Cyber Incident Disclosure Rules” (Jul. 10, 2024).

Squire Patton Boggs Welcomes Back CPPA Board Member

Squire Patton Boggs has announced that Lydia de la Torre has rejoined the firm as of counsel in the global data privacy, cybersecurity & digital assets practice in Palo Alto. She returns to the firm after having served as an inaugural board member of the California Privacy Protection Agency. For insights from Squire Patton Boggs, see “Navigating Government Investigations of Privacy Practices” (Sep. 4, 2024); and “FCC Forfeiture Orders Underline Need for Vigilance on Geolocation Sharing” (Jul. 17, 2014).

Data Privacy and Security Partner Joins McDermott in New York

McDermott Will & Emery has announced the addition of Alexander Southwell as a partner in its litigation practice group in New York. He joins from Gibson, Dunn & Crutcher, where he founded and led the privacy, cybersecurity and data innovation practice group. For insights from McDermott, see “Measures for Complying With 19 (and Counting) State Privacy Laws” (Jun. 26, 2024). For commentary from Southwell, see “CISA and DHS Counsel Explain Cybersecurity Executive Order’s Key Provisions” (May 26, 2021).