News & Analysis as of

Security Clearance

Change comes to the Defense Security Service: The Transition from e-FCL and ISFD to NISS on October 30, 2017

by Hogan Lovells on

On October 30, 2017, the U.S. Department of Defense (DoD) Defense Security Service (DSS) will complete its transition to the National Industrial Security System (NISS). The NISS will replace two predecessor systems: the...more

Compliance into the Weeds-Episode 41, Reality Winner and Internal Controls

by Thomas Fox on

In this episode, Matt Kelly and I take a deep dive into the weeds around the story of Reality Winner, the leaking of the NSA report of Russian hacking of the US Presidential campaign and election. We tie it to internal...more

NISPOM Change 2 Deadlines Coming for Cleared Contractors

by Hogan Lovells on

As industry comes up on the one-year anniversary of the publication of Change 2 to the National Industrial Security Program Operating Manual (NISPOM)1, a number of implementation deadlines are drawing near. This blog post...more

Government Deadline Looms for Training on Insider Threats

by Baker Donelson on

Almost one year ago, on May 18, 2016, the Department of Defense (DoD) published Change Two to DoD 5220.22-M, the Department of Defense's "National Industrial Security Operating Manual (NISPOM)." This change required all...more

Key Issues for Due Diligence of Government Contracts – Part I

by PilieroMazza PLLC on

Comprehensive due diligence review of any target company is imperative when determining whether to buy another company. Layer on the fact that the target company has government contracts then several unique issues must also...more

New Rules for Cleared Contractors Starting Nov. 30

by McGuireWoods LLP on

Earlier this year, the Defense Security Service (DSS) issued new rules for all government contractors that hold facility security clearances. Several of the new rules, which relate to “inside threats,” take effect Wednesday,...more

DSS Issues NISPOM Revisions Requiring Cleared Contractors to Create Inside Threat Programs

by Holland & Knight LLP on

On May 18, 2016, the Defense Security Service (DSS) issued a much anticipated Change 2 to DoD-5220.22-M, known as the National Industrial Security Program Operating Manual (NISPOM). Change 2 requires all contractors that hold...more

The White House Announces a New Agency for Background Checks

by Davis Wright Tremaine LLP on

On Friday, the White House announced, after a 90 day suitability study, that background checks and security clearances for federal employees and federal contractors will be handled by a newly created agency. The new National...more

Demystifying Security Clearances Webinar

by PilieroMazza PLLC on

Agencies often require support with sensitive and classified programs and information. Performing a contract that requires security clearances can raise a number of issues for a contractor, its management, and its...more

The Shutdown Top 10: Things You Should Know About Employment Law Before You Send Employees Home

by PilieroMazza PLLC on

With a possible federal government shutdown looming, many contractors will face difficult employment decisions. If your company could be facing theses decisions, keep in mind the following labor and employment issues that...more

NYC Commission Issues Guidance on the Citywide Bill Restricting Employers from Using Credit Information in Employment Decisions

by Littler on

As previously reported, on May 6, 2015, New York City Mayor Bill de Blasio signed the "Stop Credit Discrimination in Employment Act" (Act), which makes it unlawful for most employers to use an applicant's or employee's credit...more

Ashley Madison - That Electronic Communications Policy Was a Good Idea After All

by Fisher Phillips on

When does an employee’s extramarital activity become his or her employer’s concern?  Before the Ashley Madison breach, the answer might as well have been “[almost] never.”  Since the Ashley Madison breach has a...more

OPM data breach update: OPM shuts down background check system

The OPM announced this week that it is temporarily shutting down its background security clearance system, e-QIP, as vulnerabilities were found during a review of systems. Presently, according to OPM, the vulnerabilities did...more

New York City Passes the Stop Credit Discrimination in Employment Act

by Hodgson Russ LLP on

Effective September 2, 2015, the Stop Credit Discrimination in Employment Act (the Act) will prohibit New York City employers with four or more employees from requesting or using an applicant’s or employee’s consumer credit...more

New York City Prohibits Discrimination Based on Credit History

by Holland & Knight LLP on

New York City Mayor Bill de Blasio recently signed into law the Stop Credit Discrimination in Employment Act. It amends the New York City Human Rights Law to prohibit employers from requesting or using an individual's...more

Unpaid Wage Claims for Pre- and/or Post-Work Activities: Leaving America's Heartland and Coming to a Corporate Environment Near...

by FordHarrison on

It is nothing new for farms and manufacturing plants to find themselves subject to collective and/or class action lawsuits by employees claiming they should have been paid for time spent "donning and doffing" work clothes and...more

They Also Serve Who Only Stand and Wait – and Get Paid for It

When the poet John Milton observed that “they also serve who only stand and wait,” it was unlikely that he was thinking about employees who are required to pass through security clearance when leaving the workplace at the end...more

The Supreme Court Hears Oral Argument in Busk: Could Employers Have to Pay for Employee Time Spent Passing Through Security?

On October 8, 2014, the U.S. Supreme Court heard oral argument in Integrity Staffing Solutions, Inc. v. Busk. In Busk, plaintiffs allege that, under the FLSA, their employer should have compensated them and other warehouse...more

Taking 221(g) Adminstrative Processing Too Far?

The Obama administration has touted a number of new initiatives aimed at encouraging immigrant entrepreneurship and retention of high-tech workers in the U.S. These are commendable and this author applauds these efforts....more

Engineers Convicted For Theft Of Trade Secrets

by Burr & Forman on

Two engineers were recently convicted under federal law for stealing trade secrets from Goodyear. (United States v. Howley and Roberts, 2013 WL 399345 (Feb. 4, 2013 6th Cir.).) Charles Roberts and Sean Howley worked as...more

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Cybersecurity

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