On May 16, the U.S. Securities and Exchange Commission (“SEC”) adopted amendments to Regulation S-P, which implements the Gramm-Leach Bliley Act (“GLBA”) for SEC-regulated entities such as broker-dealers, investment companies, registered investment advisers, and transfer agents.Continue Reading SEC Adopts Amendments to Regulation S-P
Kerry Burke
Strategic Counsel for Capital Markets, Corporate Governance, and Securities Advisory
Kerry Shannon Burke delivers board-level guidance and transaction execution that drives business results for public and private companies. With more than 25 years of experience advising on capital markets transactions, corporate governance and public company reporting and compliance matters, Kerry is trusted by boards and the C-suite to translate legal complexity into business clarity, anticipate regulatory risk, and deliver measurable outcomes that support strategic growth and governance priorities.
Capital Markets and Financing Expertise
Kerry structures and closes high-value transactions—including IPOs, private placements, debt and equity financings and acquisition financing—for issuers ranging from emerging growth companies to Fortune 500 enterprises, as well as underwriters and institutional investors. Her approach emphasizes speed, precision and risk mitigation to protect enterprise value.
Corporate Governance Leadership
Boards and senior management rely on Kerry for actionable guidance on SEC and ESG reporting, governance strategy, cybersecurity disclosure, succession planning and compliance program design. She also assists private companies with IPO readiness, advising on board independence, internal controls and disclosure frameworks that withstand regulatory scrutiny.
Specialized Investment Advisers Act Counsel
Kerry also is an authority on the Investment Advisers Act, advising private equity, hedge and venture capital funds and financial institutions on status determinations and ongoing compliance, ensuring alignment with evolving regulatory standards.
Compliance Dates for SEC’s New Cyber Disclosure Rules Confirmed
On August 4, 2023, the Securities and Exchange Commission’s (“SEC”) final rule on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure was published in the Federal Register, confirming the dates on which these new requirements will enter into force. Covington has previously published a detailed summary of this rule, which imposes significant new disclosure requirements for publicly traded companies and, in certain instances, foreign private issuers. As discussed in greater detail in that alert, the new rule requires U.S. public companies to report material cybersecurity incidents on Form 8-K within four business days of their determination that a material cybersecurity incident has occurred. Foreign private issuers will be required to furnish information on Form 6-K about material cybersecurity incidents that they disclose or otherwise publicize to any stock exchange or to security holders in a foreign jurisdiction. Continue Reading Compliance Dates for SEC’s New Cyber Disclosure Rules Confirmed
SEC to Consider Cyber Rules Next Week
According to a recently-released meeting agenda, the Securities and Exchange Commission’s (“SEC”) upcoming July 26, 2023 meeting will include consideration of adopting rules to enhance disclosures regarding cybersecurity risk management, governance, and incidents by publicly traded companies.
The SEC initially proposed these rules in March 2022. If adopted as…
Continue Reading SEC to Consider Cyber Rules Next WeekUpdate on SEC’s Cybersecurity Rules
Earlier this week, the Securities and Exchange Commission (“SEC”) published an update to its rulemaking agenda indicating that two previously-proposed cyber rules might not be approved until October 2023 (although the agenda’s timeframe is an estimate and the rules could be finalized sooner, or later). The proposed rules in question…
Continue Reading Update on SEC’s Cybersecurity Rules