The SEC’s Division of Corporation Finance has indicated that lawyers for issuers and issuers themselves should focus on and respond to the SEC’ Staff’s comments during the corporate filing review process.
The SEC’s Staff has seen that issuers and their counsel are not necessarily responding completely to comments. The SEC Staff believes that this has caused the process to become more complicated. In particular, the SEC Staff has suggested issuers are not responding to comments relating to cyber-security disclosures. This is an essential issue that companies must address.
This blog has previously discussed this critical issue in the past, and issuers and their counsel need to prepare the company to address and deal with these cyber-security issues.