Securities and Exchange Commission v. SolarWinds Corp.
- Paul Engelmayer
- 1:23-cv-09518
- U.S. District Court · Southern District of New York
- 2
In Securities and Exchange Commission v. SolarWinds Corp., Judge Engelmayer granted defendants’ request to file a cybersecurity incident-response plan under seal.
SolarWinds Corp. and Timothy G. Brown, whose request to file a document under seal was granted.
What happened
In Securities and Exchange Commission v. SolarWinds Corp., SolarWinds Corp. and Timothy G. Brown asked to file Exhibit 8 to their motion to dismiss under seal.
They said the exhibit contains SolarWinds’ confidential cybersecurity incident-response plan and that public disclosure could help future attackers.
Judge Engelmayer granted the request and ordered it on January 29, 2024. The text does not rule on the motion to dismiss or the underlying SEC claims.
The detailed version
- Securities and Exchange Commission v. SolarWinds Corp. · No. 1:23-cv-09518
- Paul Engelmayer
- Jan. 29, 2024
Background
The provided text is a letter from defendants SolarWinds Corp. and Timothy G. Brown requesting permission to file Exhibit 8 to their motion to dismiss under seal. The exhibit was described as SolarWinds’ cybersecurity incident-response plan.
Arguments for Sealing
Defendants asserted that the document contains confidential and sensitive business information. They also argued that publicly disclosing the incident-response plan could undermine SolarWinds’ ability to respond to cyber incidents and could allow a future malicious actor to exploit the information. Defendants stated that they would file the proposed sealed document through the court’s electronic filing system.
Ruling
Judge Paul A. Engelmayer granted the request to file the exhibit under seal and entered the order on January 29, 2024. The text provided does not decide the motion to dismiss or address the merits of the Securities and Exchange Commission’s claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.