Privacy Government Contracting

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Defense Department Issues Interim Rule Requiring Contractor and Subcontractor Reporting of Cyber Incidents

On August 26, 2015, the Department of Defense (DoD) published a long-awaited Interim Rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to require “rapid” reporting of “cyber incidents” that result in...more

When the Government Comes Knocking

This article will provide an outline of some of the most significant points for hospitals to use when confronted with a formal government investigation under the Criminal or Civil False Claims Act. As noted below, you should...more

Not So Far Out: OMB Memo Indicates Cybersecurity FAR Clauses Are Coming Soon

On August 11, 2015, the Office of Management and Budget (“OMB”) released a draft policy memo entitled “Improving Cybersecurity Protections in Federal Acquisitions.” The purpose of the memo is to provide federal agencies with...more

The shifting sands of cybersecurity: DOD's interim rule further burdens contractors

The Department of Defense (DOD) earlier today issued an interim rule, effective immediately, that significantly increases existing cybersecurity requirements for DOD contractors. The requirements in the interim rule, have...more

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

Healthcare Legal News: Volume 5, Number 3

RESPONDING TO SUBPOENAS AND OTHER REQUESTS FOR PERSONAL HEALTH INFORMATION: TAKE THEM AT FACE VALUE - Healthcare providers and other HIPAA covered entities receive requests for protected health information (“PHI”) from...more

OPM update: OPM hit with another class action suit—this one filed by a Judge

Ho hum. Another class action filed against OPM for its massive data breach. The interesting fact here? The suit’s named plaintiff is a Judge with the Social Security Administration. On Friday, August 7, Social Security...more

Appeals Court Decision Protects Attorney-Client Privilege in Internal Investigation

In In re Kellogg Brown & Root, Inc., et al., No. 14-5319 (D.C. Cir. August 11, 2015), the Court reversed a district court’s ruling that KBR waived these protections by using materials created in the course of a privileged...more

OMB Issues Guidance on Government Contractors’ Cybersecurity Systems

The Office of Management and Budget (OMB) released a draft guidance document on Aug. 11, 2015, titled “Improving Cybersecurity Protection in Federal Acquisitions” (the “OMB Guidance”). The OMB Guidance instructs agencies on...more

Update: Department of Defense Privacy and Information Handling/Department of Defense Proposed Rule

There is a lot going on with the government right now regarding information and privacy. As the saying goes, it is not a matter of if the system is hacked or taken advantage of but when. This update will quickly cover two...more

Cyber-Attacks Against Government Contractors and the Availability of Insurance Coverage

Based on recent cyber-attacks against the United States Office of Personnel Management (OPM) and its subcontractors, USIS and KeyPoint Government Solutions, it is evident that government entities and government contractors...more

Actions Foreshadow Uniform Cybersecurity Regulations for Federal Contractors - Two Recent Executive Agency Actions Lay the...

Federal government contractors handling Controlled Unclassified Information (CUI) should take notice of two recent executive agency actions. Combined, they lay the groundwork for a new cybersecurity clause to be added to the...more

Connecticut Updates its Data Security Laws, Imposing Stringent New Requirements

On June 30, 2015, the Governor of Connecticut signed into law S.B. 949, “An Act Improving Data Security and Agency Effectiveness." The new law updates Connecticut’s data security laws, including by adding a 90-day hard...more

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

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

Does the False Claims Act Preempt An Attorney Relator’s Ethical Obligations?

In United States ex rel. Holmes v. Northrop Grumman Corp., No. 1:13-cv-85, 2015 WL 3504525 (S.D. Miss. June 3, 2015), the court answered this question with a resounding “no” and provided a laundry list of ethical violations...more

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

Healthcare Fraud Initiatives in 2015

In order to predict what 2015 will look like in the war against health care fraud, it is necessary to quickly review what happened in 2014. In 2014, the government’s health care fraud prevention and enforcement efforts...more

What to Do if You Receive a Subpoena for Documents From the US Department of Justice

Receiving an unexpected Department of Justice (“DOJ”) subpoena for documents and testimony is a jarring experience for anyone in Government contracting. But more and more contractors may receive such subpoenas as the...more

Weekly Update Newsletter - May 2015

SMALL BUSINESS ADMINISTRATION - SBA Issues Proposed Rule to Amend Women-Owned Small Business Federal Contract Program - The U.S. Small Business Administration (SBA) issued a proposed rule to amend its...more

MACRA’s Advancement of EHR Interoperability and Telehealth

This is the fourth and final post in our series on the Medicare Access and CHIP Reauthorization Act (MACRA). Pub.L. No. 114-10. We’ve previously covered the repeal of the Sustainable Growth Rate (SGR) in our April 20th post,...more

[Event] 2015 Connecticut Cyber and Privacy Forum - April 23, New Haven, CT

Wiggin and Dana is pleased to host our annual Connecticut Cyber and Privacy Forum. This full-day cyber and privacy forum features speakers and panelists from the cyber consulting and insurance industries, the Connecticut...more

A New Cyber World Framework to Strengthen Agency Information Security

Manufacturers, defense suppliers and other federal contractors may benefit from a new cybersecurity law intended to safeguard agency information and help bolster defenses to future cyber threats. The Federal Information...more

White House Memo Will Impact How Federal Contractors Can Use Drones

There has been a great deal written about the Federal Aviation Administration’s (FAA’s) recent release of proposed regulations concerning the commercial use of Unmanned Aerial Vehicles (UAVs) – or drones. Much of what has...more

Reed Smith's Government Contracts Weekly Rundown

In case you spent last week (this morning) dealing with winter weather instead of reading the latest and greatest in the realm on federal contracting, here is a rundown of last week’s top developments related to government...more

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