NEW YORK, July 18 (Reuters) - A U.S. judge dismissed
most of a Securities and Exchange Commission lawsuit accusing
software company SolarWinds ( SWI ) of defrauding investors by
concealing its security weaknesses before and after a
Russia-linked cyberattack targeting the U.S. government.
U.S. District Judge Paul Engelmayer in Manhattan dismissed
all claims against SolarWinds ( SWI ) and chief information security
officer Timothy Brown over statements made after the attack,
saying the claims were based on "hindsight and speculation."
In a 107-page decision on Thursday, the judge also dismissed
most SEC claims concerning statements predating the attack,
apart from securities fraud claims based on a statement on
SolarWinds' ( SWI ) website touting the company's security controls.
SolarWinds ( SWI ) and Brown's lawyers had no immediate comment. The
SEC did not immediately respond to requests for comment.
The nearly two-year cyberattack known as Sunburst targeted
Austin, Texas-based SolarWinds ( SWI ) by using its flagship Orion
software platform to infiltrate U.S. government networks.
Several federal agencies including the Departments of
Commerce, Energy, Homeland Security, State and Treasury were
compromised before the attack was revealed in December 2020.
Its full consequences remain unknown, and the U.S.
government has said Russia likely orchestrated the attack.
Russia has denied responsibility.
The SEC case filed last October appeared to be the first
targeting a company that fell victim to a cyberattack, where the
regulator did not announce a simultaneous settlement.
It is also rare for the SEC to sue public company executives
who, like Brown, are not closely involved in preparing financial
statements.
The SEC alleged that SolarWinds ( SWI ) hid the porous cybersecurity
of its products before the attack, and downplayed the attack's
severity after it occurred.
It also said SolarWinds ( SWI ) concealed how customers had warned
about malicious activity involving Orion.
But the judge said anti-fraud laws do not require that risk
warnings contain "maximum specificity," a process that could
backfire if the warnings armed cyberattackers with extra
information to exploit.
Engelmayer also said SolarWinds ( SWI ) acknowledged it could not be
expected to prevent every cyberattack, and had no duty to
disclose individual incidents.
"It has already disclosed the likelihood of these as,
regrettably, a fact of life," the judge wrote.
The case is SEC v. SolarWinds Corp ( SWI ) et al, U.S. District
Court, Southern District of New York, No. 23-09518.