Alexander Major

Alexander Major

Sheppard Mullin Richter & Hampton LLP

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Latest Publications


Are You Overcomplicating Your Cybersecurity Processes?

Yes. I just asked that. For many, the response is likely “Yes! Of course we are! It’s *&^%$% cybersecurity – it’s complicated!” To which I would respond “Touché. It is…but it needn’t be overly complicated.” So, of...more

10/29/2015 - Attorney-Client Privilege Compliance Cybersecurity Federal Contractors Mandatory Disclosure Rules Risk Assessment

Have DoD Contractors and Subcontractors Been Drafted? Once Voluntary Defense Industrial Base CS/IA Regulations Now Mandatory and...

When last we left the Department of Defense, they had issued a rather wide-reaching interim DFARS rule addressing cybersecurity practices, data retention, and cloud services purchasing guidance. Now, effective October 2,...more

10/6/2015 - Cybersecurity DFARS DOD Federal Contractors Reporting Requirements Subcontractors

FTC v. Wyndham: The Third Circuit Recognizes FTC Authority to Regulate Commercial Cyber Security Practices

In 2014, the United States Court of Appeals for the Third Circuit ruling in FTC v. Wyndham Worldwide Corporation agreed to hear an immediate appeal on two issues: “whether the FTC has authority to regulate cybersecurity under...more

9/30/2015 - Administrative Authority Consumer Information Credit Cards Cybersecurity Data Breach Data Security Due Process Encryption Fair Notice FTC FTC v Wyndham Interlocutory Appeals Motion to Dismiss NIST Unfair or Deceptive Trade Practices Wyndham

DoD Addresses Cybersecurity Preparedness, Incident Reporting, and Cloud Computing Acquisitions with new DFARS interim rule

Announced and effective today, August 26, 2015, DoD has issued an interim rule that significantly expands existing DFARS provisions and clauses requiring contractors and subcontractors to report cyber incidents. The interim...more

8/27/2015 - Chief Information Officers (CIO) Cloud Computing Cybersecurity Data Breach Defense Sector DFARS DOD Federal Contractors Interim Rule NDAA Subcontractors

The Baby and the Bathwater: The Department of Commerce’s Bureau of Industry and Security (BIS) Intrusion and Surveillance Software...

If you are not aware, please take note that the July 20, 2015 deadline is fast approaching for comments to the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) proposed rule on the export control of certain...more

7/21/2015 - BIS EAR Export Administration Regulations Export Controls Exports Licensing Rules Software Surveillance U.S. Commerce Department

Ransoming Sensitive Personal Information: Will OPM’s Data Breach Trigger Your Insider Threats?

Perhaps it’s the books I’ve been reading or the television shows I’ve been watching, but my mind can’t seem to stop linking the recent barrage of cybersecurity attacks with those ne’er-do-wells that plagued the Caribbean from...more

6/24/2015 - Data Breach Federal Contractors Insider Breach Office of Personnel Management (OPM) Personally Identifiable Information

ALERT: NIST Issues Final Guidance on Federal Contractor Cybersecurity Standards for Controlled Unclassified Information

On June 19, 2015, the National Institute of Standards and Technology (NIST) published the final version of guidance for federal agencies to ensure sensitive information remains confidential when stored outside of federal...more

6/24/2015 - Controlled Unclassified Information Cybersecurity Federal Contractors Final Guidance Government Agencies NARA NIST Regulatory Standards Risk Assessment Risk Mitigation Security and Privacy Controls

Another Prologue to Cybersecurity Regulations: Controlled Unclassified Information (“CUI”) – What Contractors Need to Know and Why...

Government contractors should take note of a proposed new rule that could impose significant new data storage obligations when finalized. The Federal Government is taking another baby-step towards cybersecurity regulation...more

5/29/2015 - Confidential Information Cybersecurity Data Security Data Storage Providers Federal Contractors NARA NIST

The FCC Takes a Seat at the Cyber-Regulation Table

The FCC recently slid up its chair to the fiscal feast that is cyber security and data breach regulation and took a hefty piece of the pie. In late October the FCC announced that it charged a record $10 million fine against...more


Cyber-Breach & NISPOM Conforming Change 2 – It’s What’s on the Inside That Counts

Most companies are worried about external threats – things that are coming at their people, their group, their company, their government, all from an outside actor. Like government’s with an eye on counter-intelligence,...more

12/2/2014 - Cybersecurity Data Breach Federal Contractors NIST Risk Assessment Risk Mitigation

Shopping for the Cloud Made Easy – GSA’s Special Item Number Project for Cloud Computing and Request for Comments

On November 18, 2014, the General Services Administration (“GSA”) hosted an Industry Day seeking feedback on its proposal to add a Cloud Computing Special Item Number (“SIN”) on its IT Multiple Award Schedule 70 (“MAS...more

11/26/2014 - Cloud Computing Federal Contractors Federal Procurement Systems GSA NIST Rulemaking Process

Federal Register Round Up – June/July 2014

DOD Proposed Rules Seeking Contractor Business System Rule Self Assessments - The Department of Defense issued a proposed rule on July 15th that would revise the DFARS Business Systems Rule by requiring contractors...more

7/30/2014 - DFARS Dodd-Frank Federal Contractors Proposed Regulation Reporting Requirements Self-Reporting Small Business Subcontractors Subcontracts Women-Owned Businesses

“They’re Here” – What You Need to Know Now About the Chilling New DoD Counterfeit Parts Rule … and its NASA “Spinoff”

If you are a contractor that interacts with both the Department of Defense and “electronic parts,” it is time to grab the caffeinated beverage of your choice, crack open 79 FR 26,092, and begin the bone-tingling read that is...more

5/21/2014 - Contractors Counterfeiting DOD Electronics Federal Contractors NASA

The Cybersecurity Race: Executive Branch Takes The Lead While Congress Watches From The Bleachers

The federal government sector has been abuzz lately with whispers and shouts about pending cybersecurity regulations, frameworks, and requirements. This attention is not particularly surprising, especially given the recent...more

4/22/2014 - Cybersecurity Data Breach Data Protection Heartbleed

Robert Frost and Cybersecurity - Two Roads Diverging

Like Frost’s nameless traveler in “The Road Not Taken,” our Government finds itself confronted with two diverging roads in the cybersecurity realm. The first offers moderation, deliberation, and evolution. The second, speed....more


Details: Highlights from the August & September 2013 Federal Register

1. Repeal of Sunset Dates for Protest Authority Over Certain Task Orders - Effective September 3, 2013, FAR 16.505 was amended to eliminate the sunset dates for protests against the issuance of an order under a...more

9/30/2013 - Coast Guard DOD Federal Acquisition Regulations NASA OFAC

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