News & Analysis as of September 19, 2024

DFARS

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Follow this channel for advisories on one of the biggest threats to businesses today. Read a morning brief of fresh guidance and commentary by leading lawyers on security, privacy, risk management, global regulations, data protection, leaks, hacking, cyber insurance, compliance, HIPAA, and every other aspect of cybersecurity of import to corporate readers right now. less -

CMMC Barrels Closer to Implementation with Latest Proposed Rule Establishing DFARS Contract Clauses

BakerHostetler on 9/11/2024

Cybersecurity Maturity Model Certification (CMMC) is coming — and now appears to be coming faster than many defense contractors believed. In the latest signal of CMMC’s forward momentum, the Department of Defense (DoD) issued...more

DOD Progresses Toward CMMC 2.0 Implementation with New Proposed Rule

Morgan Lewis on 9/10/2024

The US Department of Defense (DoD) has issued a new proposed rule for implementing the next iteration of the Cybersecurity Maturity Model Certification (CMMC) 2.0 program. This action drives forward the DoD’s plans to bolster...more

CMMC and DFARS 252.204-7021—Is the Sequel Better than the Original?

McCarter & English Blog: Government Contracts... on 9/6/2024

Sequels are rarely better than the films that precede them, and yet, sometimes a story is just too compelling to be limited to just one film. At the tail end of a summer full of Hollywood sequels, the Department of Defense...more

DOJ Went Down to Georgia: Lessons Learned from Recent Cybersecurity Enforcement Actions

McCarter & English Blog: Government Contracts... on 9/5/2024

Some might say there’s little difference between dealing with the devil and being a federal contractor. And for the unwary or unprepared, that may not be far off. Federal contracting comes with a litany of “fine print” that...more

DOJ on Campus: DOJ’s First Intervention in False Claims Act Case Alleging University Knowingly Failed to Meet Contractual...

Dorsey & Whitney LLP on 9/5/2024

Cybersecurity requirements for federal contractors and grantees continue to proliferate—and those requirements do not just come with contractual risk. Increasingly, the United States government is leveraging enforcement...more

United States Files First Complaint Under the Civil Cyber-Fraud Initiative

Bass, Berry & Sims PLC on 8/30/2024

On August 22, the United States filed its complaint-in-intervention (Complaint) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC, collectively, defendants), asserting claims...more

DOJ Looks To Sting Georgia Tech Under the False Claims Act: The Perils of Cybersecurity Non-Compliance

Cohen Seglias Pallas Greenhall & Furman PC on 8/30/2024

On August 22, 2024, the Department of Justice (DOJ) filed a complaint-in-intervention in a previously filed whistleblower suit under the qui tam provisions of the False Claims Act (FCA) against the Georgia Institute of...more

The Race to Full Implementation Continues: CMMC 2.0 Gains Even More Traction

Morris, Manning & Martin, LLP on 8/29/2024

As the presidential race rages on, so too does the race to fully implement the Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The CMMC 2.0 program impacts Defense Industrial Base (DIB) contractors and...more

The Future of DOD Cybersecurity Is Here – The CMMC 2.0 Proposed Rule

Fox Rothschild LLP on 8/26/2024

On August 15, 2024, the Department of Defense (DOD) announced the much-anticipated Proposed Rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to include Cybersecurity Maturity Model...more

US DoD Proposes Final Rule to Incorporate Contractual Requirements for the Cybersecurity Maturity Model Certification (CMMC)

Mayer Brown on 8/23/2024

On August 15, 2024, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the Cybersecurity...more

Department of Defense’s Proposed Amendment to DFARS for Inclusion of Cybersecurity Maturity Model Certification in Contracts

Robinson+Cole Data Privacy + Security Insider on 8/23/2024

Last week, the U.S. Department of Defense (DoD) released a proposed amendment to the Defense Acquisition Regulations Supplement (DFARS) that would require a Cybersecurity Maturity Model Certification (CMMC) program to become...more

The Pentagon's CMMC Program Takes a Big Step Forward

Holland & Knight LLP on 8/22/2024

The U.S. Department of Defense (DOD) issued the proposed Defense Federal Acquisition Regulation Supplement (DFARS) rules that will implement the Cybersecurity Maturity Model Certification (CMMC) program. These rules, which...more

DOD’s CMMC 2.0 Program Takes Step Forward with Release of Contract Rule Proposal

Woods Rogers on 8/21/2024

The United States Department of Defense (DoD) took another big step on the path to instituting its highly anticipated Cybersecurity Maturity Model Certification 2.0 program (CMMC 2.0). Once finalized, CMMC 2.0 will establish...more

The CMMC Rule To Update the DFARS is Here!

Sheppard Mullin Richter & Hampton LLP on 8/16/2024

The proposed rule to implement the Cybersecurity Maturity Model Certification (“CMMC”) program in the Defense Federal Acquisition Regulation Supplement (“DFARS”) was published in the Federal Register on August 15, 2024 and...more

CMMC 2.0 Update: DOD Proposed Rule Introduces Standard Terms for Contracts Subject to CMMC 2.0, Including Yet Another 72-Hour...

Wiley Rein LLP on 8/16/2024

WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier...more

DoD Publishes Proposed Rule to Amend DFARS Provisions Related to the CMMC 2.0 Program

Bass, Berry & Sims PLC on 8/16/2024

On August 15, the Department of Defense (DoD) published a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate contractual requirements related to the proposed Cybersecurity...more

Win or Lose: Using CMMC 2.0 Proposed Rule to Position Yourself for DOD Contracts

PilieroMazza PLLC on 8/16/2024

The Cybersecurity Maturity Model Certification (CMMC) Program has been a headache for many defense contractors since the idea was first introduced in 2019. The program seeks to protect unclassified information, including...more

New Cybersecurity Controls for Government Contractors: NIST Revises SP 800-171

Akin Gump Strauss Hauer & Feld LLP on 6/13/2024

In May, the National Institute of Standards and Technology (NIST) issued updated recommendations for security controls for controlled unclassified information (CUI) that is processed, stored or transmitted by nonfederal...more

NIST SP 800-171 Revision 3 Goes Final: Who’s Down with ODP?

McCarter & English Blog: Government Contracts... on 5/28/2024

On May 14, 2024, the National Institute of Standards and Technology (NIST) dropped the third remix…er, revision…of its Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Systems...more

DOD Issues Class Deviation Regarding Cyber Security Requirements

Clark Hill PLC on 5/20/2024

Earlier this month (on May 2, 2024) the Defense Department (DOD) issued Class Deviation—Safeguarding Covered Defense Information and Cyber Incident Reporting effective that day....more

Foundational Cybersecurity Standards for Contractors Updated

Holland & Knight LLP on 5/17/2024

The National Institute of Standards and Technology (NIST) released the third revision of its Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations." This...more

US DoD Issues Class Deviation Delaying DFARS Implementation of Upcoming NIST SP 800-171, Revision 3

Mayer Brown on 5/10/2024

On May 2, 2024, the Department of Defense (DoD) issued a class deviation to DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting. The deviation relates to contractors’ compliance with...more

Department of Defense Issues Class Deviation Delaying Application of NIST SP 800-171, Revision 3

Bass, Berry & Sims PLC on 5/9/2024

On May 2, the Department of Defense (DOD) issued a class deviation to DFARS 252.204-7012 “to provide industry time for a more deliberate transition upon the forthcoming release of [National Institute of Standards and...more

Not So Fast, NIST: DOD Issues Class Deviation to Retake Control Over What Cybersecurity Requirements Apply to its Contracts

Wiley Rein LLP on 5/7/2024

WHAT: On May 2, 2024, the U.S. Department of Defense (DOD) issued a Defense Federal Acquisition Regulation Supplement (DFARS) class deviation related to the cybersecurity standards required for covered contractor information...more

Weekly Update for Government Contractors and Commercial Businesses – May 2024

PilieroMazza PLLC on 5/3/2024

FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban - On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing non-compete agreements against...more

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