Navigating the New Age of Cybersecurity Enforcement

This commentary examines the SEC’s lawsuit against SolarWinds and its CISO, outlining heightened personal liability risks for security leaders and practical steps to mitigate them. Drawing on insights from CISOs, former SEC officials, and legal experts, it recommends building strong alliances with general counsel, establishing relationships with local FBI offices, adhering to and documenting recognized standards (e.g., NIST), coordinating personal and corporate legal counsel, securing appropriate D&O insurance, and following the pillars of align, clarify, and escalate to proactively manage legal and governance exposure.