On Friday, May 29, the Cybersecurity and Infrastructure Security Agency (CISA) issued the first in a series of six Cyber Essentials Toolkits. These toolkits are described as “bite-sized actions for IT and C-suite leadership...more
As Congress considers several proposed bills to help alleviate the impact of COVID-19 on the U.S. economy, we’re joined by returning guests Elizabeth Frazee and Jonathan Meyer to discuss the latest updates from the...more
On May 1, 2020, President Trump issued Executive Order 13920 (“Executive Order”), which prohibited certain transactions involving bulk-power system electric equipment manufactured or supplied by persons owned by, controlled...more
The FTC recently issued comments on how companies can use artificial intelligence tools without engaging in deceptive or unfair trade practices or running afoul of the Fair Credit Reporting Act. The FTC pointed to enforcement...more
On Thursday April 16, Sheppard Mullin submitted comments to the Federal Reserve about its terms sheets for the $600 Billion Main Street Loan Program. These comments raise and explore numerous important questions that the Fed...more
As companies continue to review the CARES Act to determine what assistance may be available to them, we have prepared a user-friendly checklist to assist them in getting a quick sense of what works for them...
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On March 25, 2020 the Senate passed a $2 trillion stimulus bill “[p]roviding emergency assistance and healthcare response for individuals, families and businesses affected by the 2020 coronavirus pandemic.” The House and the...more
Cybersecurity Maturity Model Certification (“CMMC”) v.1.0, after releasing several draft versions of the document over the past year. In an effort to enhance supply chain security, the CMMC sets forth unified cybersecurity...more
At the end of 2019, the Department of Defense (“DoD”) took another step to limit the potential cyber risks posed by telecommunications equipment manufactured by Chinese companies (and potentially Russian ones too). We...more
1/31/2020
/ China ,
Comment Period ,
Cybersecurity ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Huawei ,
Interim Rule ,
NDAA ,
System For Award Management (SAM) ,
Telecommunications ,
ZTE
We’re kicking off the new year with returning guests Elizabeth Frazee and Jonathan Meyer who are joining us with updates on various current events in our Legislative and Executive Branches in the upcoming quarter.
Elizabeth...more
In response to the killing of Major General Qassim Suleimani, the government of Iran and its supreme leader, Ayatollah Ali Khamenei, have declared the country’s intention to strike back at the United States. According to...more
The Department of Homeland Security Cybersecurity & Infrastructure Security Agency recently released its Cyber Essentials guide. Consistent with the NIST Cybersecurity Framework, these Cyber Essentials provide “a starting...more
On September 9, 2019, the U.S. General Services Administration (“GSA”) announced it would be issuing a mass modification (expected sometime this month) requiring all new and existing GSA Multiple Award Schedule (“MAS”)...more
We recently wrote about the FAR Council’s release of an interim rule implementing restrictions on procurements involving certain Chinese telecommunications hardware manufacturers and service providers, such as Huawei and ZTE....more
In accordance with Section 889(a)(1)(A) of the 2019 National Defense Authorization Act (Pub. L. No. 115-232) (the “2019 NDAA”), which required imposition of broad restrictions on procurements involving certain Chinese...more
8/14/2019
/ China ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Huawei ,
Interim Rule ,
NDAA ,
Reporting Requirements ,
Supply Chain ,
Telecommunications ,
US Trade Policies
On May 15, 2019, President Trump issued an Executive Order (“EO”) targeting activities of certain foreign telecommunications companies based in hostile countries. Entitled “Securing the Information and Communications...more
5/21/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Foreign Adversaries ,
Foreign Policy ,
Huawei ,
International Emergency Economic Powers Act (IEEPA) ,
Licensing Rules ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
Supply Chain ,
Technology Sector ,
Telecommunications ,
Trump Administration ,
U.S. Commerce Department
It can often be difficult to understand all of the ramifications of the current administration’s political actions and the effect on U.S. companies doing business across borders. We’re taking a closer look at several trending...more
In an ironic twist, the British Information Commissioner’s Office (ICO) recently fined a Brexit advocacy group for violating regulations issued under an EU directive. The fines, totaling £120,000, were levied against...more
2/20/2019
/ Data Privacy ,
Data Protection ,
Email ,
Enforcement Actions ,
EU ,
Information Commissioner's Office (ICO) ,
Marketing ,
Personal Data ,
Policies and Procedures ,
Privacy and Electronic Communications Regulation 2003 (PECR). ,
Privacy Policy ,
UK ,
UK Brexit ,
Without Consent
Citing cybersecurity concerns with a children’s smartwatch, the European Commission recently issued a recall of the device. The Safe-KID-One is a smartwatch that gives parents the ability to track and communicate with their...more
2/14/2019
/ Children's Toys ,
Connected Items ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
EU ,
European Commission ,
GPS ,
Hackers ,
Internet of Things ,
Popular ,
Smart Devices ,
Technology Sector ,
Toy Recalls
In the aftermath of Equifax’s data breach, a federal court recently found that allegations of poor cybersecurity coupled with misleading statements supported a proper cause of action. In its decision, the U.S. District Court...more
2/7/2019
/ Amended Complaints ,
Class Action ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Breach Plans ,
Data Privacy ,
Data Protection ,
Data Security ,
Encryption ,
Equifax ,
False Statements ,
Investors ,
Misleading Statements ,
Popular ,
Securities Fraud
It is common for individuals to see the “padlock icon” on their browser bar when visiting a website, and assume they are safe. Sadly, this assumption is no longer valid. As we approach Data Privacy Day (January 28, 2019) many...more
The U.S. Government is increasingly taking the initiative to alert companies to the cybersecurity risks of certain foreign corporations. Whether by issuing binding directives on agencies, passing laws or promulgating...more
The United States government has a powerful new tool to gain access to data stored overseas – the CLOUD Act, which was enacted this spring. If you are a company based overseas, particularly if you use a cloud service provider...more
12/5/2018
/ CLOUD Act ,
Criminal Investigations ,
ECPA ,
Electronically Stored Information ,
Extraterritoriality Rules ,
Federal Rules of Civil Procedure ,
Foreign Corporations ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Subsidiaries ,
Law Enforcement ,
Stored Communications Act ,
Third-Party Service Provider
The 2019 National Defense Authorization Act (“NDAA”) imposes new restrictions on procurements for telecommunications equipment or services based on ties to certain Chinese entities, thereby growing the list of forbidden...more
As the Democrats in Washington prepare to assume control of the House of Representatives following the 2018 midterm elections, “pundits” and “experts” are speculating about the Congressional oversight that will occur over the...more