Securities and Exchange Commission v. SolarWinds Corp. et al

Filing 93

ORDER granting 90 Letter Motion to Seal. GRANTED. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/25/24) (yv)

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1271 Avenue of the Americas New York, New York 10020-1401 Te!: +1.212.906.1200 Fax: +1.212.751.4864 LATHAM&WATKI NSLLP March 22, 2024 VIAECF The Honorable Paul A. Engelmayer United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 FIRM/ AFFILIATE OFFICES Austin Milan Beijing Munich Boston New York Brussels Orange County Century City Paris Chicago Riyadh Dubai San Diego D0sse!dorf San Francisco Frankfurt Seoul Hamburg Silicon Valley Hong Kong Singapore Houston Tel Aviv London Tokyo Los Angeles Washington, D.C. Madrid Re: SEC v. Solar Winds Corp. & Brown, No. 23-cv-9518 (PAE) Dear Judge Engelmayer: On behalf of SolarWinds Corp. ("SolarWinds") and Timothy G. Brown (collectively, "Defendants"), we write pursuant to Rule 4.B of the Court's Individual Rules and Practices to respectfully request the Court's permission to file Exhibit No. 17 to Defendants' Motion to Dismiss the Amended Complaint (the "Confidential Document") under seal. Defendants respectfully submit that good cause exists for sealing. Defendants seek to file the Confidential Document under seal because it reflects SolarWinds' cybersecurity incident response plan. As such, it contains confidential and sensitive business information (and nothing else). "Courts in this Circuit regularly seal information that might disclose trade secrets or confidential business information." Jacovacci v. Brevet Holdings, LLC, 2022 U.S. Dist. LEXIS 5612, at *12 (S.D.N.Y. Jan. 11, 2022); see also Brody v. Global Risk Advisors LLC, 2023 U.S. Dist. LEXIS 151536, at *7 (S.D.N.Y. Aug. 24, 2023) (allowing sealing in full of document that "only contain[ed] sensitive business information"). In addition, publicly revealing the information contained the Confidential Document could undermine SolarWinds' ability to respond to cyber incidents. Courts have permitted sealing of information where it could be "used by malicious third parties to attack the [defendant's] service." Personalized Media Communs., LLC v. Netjlix, Inc., 2020 U.S. Dist. LEXIS 218085, at *5-6 (S.D.N.Y. Nov. 19, 2020); see also Syntel Sterling Best Shores Mauritius Limited v. TriZetto Group., 2021 WL 1541385, at *3 (granting a motion to seal with respect to "confidential and proprietary information regarding [defendant's] . . . information security"). Here, given the sensitive nature of SolarWinds' incident response plan-which could be exploited by a future threat actor-sealing is warranted. March 22, 2024 Page2 LATHAM&WATKI NScce Consistent with Section 4.B.2 of the Court's Individual Rules and Practices in Civil Cases, Defendants will contemporaneously file the proposed sealed document under seal via the ECF system. Respectfully submitted, Isl Serrin Turner Serrin Turner of LATHAM & WATKINS LLP cc: All Counsel of Record (via ECF) GRANTED. SO ORDERED. United States District Judge March 25, 2024

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