February 28, 2017
Public companies face unique challenges as they confront and seek to manage cybersecurity risk. Disclosure obligations and market reactions can intensify the pressures arising from cyber threats and incidents. Companies preparing to go public must assess their cybersecurity readiness in order to avoid or mitigate incidents that could harm their business, disrupt the IPO process or damage their reputation as a newly-public company. Companies must also be prepared to successfully respond to the scrutiny regarding cybersecurity issues in the diligence and disclosure process associated with an IPO. Our panel of Gibson Dunn partners from the Capital Markets and the Privacy, Cybersecurity and Consumer Protection practice groups provides practical advice and tips on how companies can protect their information and customers and prepare for public company reporting and scrutiny of their cybersecurity protection measures.
Who should view this program:
In-house counsel, directors, senior executives, corporate secretaries and others responsible for regulatory compliance and cybersecurity at public companies and private companies preparing for an IPO.
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Andrew L. Fabens is a partner in the New York office of Gibson, Dunn & Crutcher, where he is Co-Chair of Gibson Dunn’s Capital Markets Practice Group. Mr. Fabens advises companies on long-term and strategic capital planning, disclosure and reporting obligations under U.S. federal securities laws, corporate governance issues and stock exchange listing obligations. His experience encompasses initial public offerings, follow-on equity offerings, investment grade, high-yield and convertible debt offerings and offerings of preferred, hybrid and derivative securities. In addition, he regularly advises companies and investment banks on corporate and securities law issues, including M&A financing, spinoff transactions and liability management programs. Mr. Fabens is ranked as a leading Capital Markets lawyer by Chambers USA: America’s Leading Lawyers for Business, The Legal 500 US and Chambers Global: The World’s Leading Lawyers for Business.
Stewart L. McDowell is a partner in the San Francisco office of Gibson, Dunn & Crutcher, where she is Co-Chair of Gibson Dunn’s Capital Markets Practice Group. Ms. McDowell’s practice involves the representation of business organizations as to capital markets transactions, mergers and acquisitions, SEC reporting, corporate governance and general corporate matters. She has significant experience representing both underwriters and issuers in a broad range of both debt and equity securities offerings. She also represents both buyers and sellers in connection with U.S. and cross-border mergers, acquisitions and strategic investments.
Alexander H. Southwell is a partner in the New York office of Gibson, Dunn & Crutcher, where he is Chair of Gibson Dunn’s Privacy, Cybersecurity and Consumer Protection Practice Group. An experienced trial and appellate attorney, Mr. Southwell served as an Assistant United States Attorney in the United States Attorney’s Office for the Southern District of New York. His practice focuses on counseling a variety of clients on privacy, information technology, data breach, theft of trade secrets and intellectual property, computer fraud, national security, and network and data security issues, including handling investigations, enforcement defense, and litigation. In particular, Mr. Southwell regularly advises companies victimized by cyber-crimes and counsels on issues under the Computer Fraud and Abuse Act, the Economic Espionage Act, the Electronic Communications Privacy Act, and related federal and state statutes. Mr. Southwell was named a Law360 “MVP” in Privacy in both 2015 and 2016 – one of five “elite attorneys” recognized – for his “successes in high-stakes litigation”; ranked in White Collar Litigation by Chambers USA, and selected as a Cybersecurity and Data Privacy Trailblazer in 2015 by The National Law Journal.
Peter W. Wardle is a partner in the Los Angeles office of Gibson, Dunn & Crutcher, where he is Co-Chair of Gibson Dunn’s Capital Markets Practice Group. Mr. Wardle’s practice includes representation of issuers and underwriters in equity and debt offerings, including IPOs and secondary public offerings, and representation of both public and private companies in mergers and acquisitions, including private equity, cross-border, leveraged buy-out, distressed and going private transactions. He also advises clients on a wide variety of general corporate and securities law matters, including corporate governance issues.