SDNY Sets Jan. 26 Deadline for SolarWinds’ Motion to Dismiss SEC’s Complaint

SolarWinds’ opening brief and motion to dismiss the SEC’s securities fraud complaint is due Jan. 26, said an order signed Wednesday (docket 1:23-cv-09518) by U.S. District Judge Paul Engelmayer for Southern New York in Manhattan. Feb. 2 is the deadline for the filing of any amicus briefs in support of the motion to dismiss, said the order. Engelmayer will likely hear oral argument on the motion to dismiss, “on a date to be determined,” it said. The SEC’s 10-count Oct. 30 complaint alleges that SolarWinds and Timothy Brown, its chief information security officer, defrauded investors through misstatements, omissions and schemes that concealed the company’s poor cybersecurity practices in the run-up to the Russian government's Sunburst attack in December 2020 (see 2310310041).