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
The Cybersecurity and Infrastructure Security Agency (“CISA”) recently released its new Proposed Rule pursuant to the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“CIRCIA”), which was published in the...more
4/9/2024
/ Critical Infrastructure Sectors ,
Cyber Incident Reporting ,
Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA) ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Department of Defense (DOD) ,
Federal Contractors ,
Information Technology ,
New Regulations ,
Regulatory Agenda ,
Regulatory Reform ,
Reporting Requirements ,
Rulemaking Process ,
Supply Chain
Class Deviation Prohibits DoD from Requiring Contractors to Disclose Emissions -
Over the past two years, the FAR Council has been working to develop a rule that would amend the Federal Acquisition Regulation (“FAR”) to...more
3/28/2024
/ Climate Change ,
Contractors ,
Department of Defense (DOD) ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Greenhouse Gas Emissions ,
NDAA ,
Reporting Requirements ,
Securities and Exchange Commission (SEC)
To kick off the New Year, Sheppard Mullin’s Governmental Practice Cybersecurity & Data Protection Team has prepared a cybersecurity-focused 2023 Recap (including links to all of the resources the team has put out over the...more
To kick off the New Year, Sheppard Mullin’s Governmental Practice Cybersecurity & Data Protection Team has prepared a cybersecurity-focused 2023 Recap (including links to all of the resources the team has put out over the...more
2/9/2024
/ Cloud Computing ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Protection ,
Data Rights ,
Data Security ,
Department of Defense (DOD) ,
Enforcement Actions ,
Federal Contractors ,
FedRAMP ,
Fraud ,
Privacy Laws ,
Software
The Department of Defense published a much-anticipated Proposed Rule at the end of last year for its Cybersecurity Maturity Model Certification program. The proposed rule is our first comprehensive look at the latest...more
On November 30, 2023, the Inspector General of the Department of Defense (“DoD IG”) released a Special Report: Common Cybersecurity Weaknesses Related to the Protection of DoD Controlled Unclassified Information on Contractor...more
Well, the wait is over. Just as 2023 came to a close, on December 26, 2023, the Department of Defense (“DoD”) published the much-anticipated Proposed Rule for the DoD’s Cybersecurity Maturity Model Certification (“CMMC”)...more
1/3/2024
/ Certification Requirements ,
Comment Period ,
Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
DCMA ,
Defense Contracts ,
Defense Sector ,
Department of Defense (DOD) ,
DFARS ,
Federal Contractors ,
Proposed Rules
A few weeks ago, we discussed two recent cyber-related False Claims Act (FCA) cases. One of those cases is a qui tam lawsuit against Penn State and, as of the date of our article, we were waiting to see if DOJ would opt to...more
As we get settled into the New Year it is a good time to reflect on your company’s current data security and plans for 2023. In this five-part series, we reflect on the top important cybersecurity developments for companies...more
On November 14, 2022, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published a proposed rule that would amend the Federal Acquisition...more
11/30/2022
/ Biden Administration ,
Climate Change ,
Contractors ,
Department of Defense (DOD) ,
Disclosure Requirements ,
Energy Sector ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Greenhouse Gas Emissions ,
Proposed Regulation ,
Proposed Rules
On July 19, 2022, the National Institute of Standards and Technology (NIST) released a Pre-Draft Call for Comments, seeking feedback on improving its Controlled Unclassified Information (CUI) series of publications. The...more
The Department of Defense recently provided some clarity on the timeline for implementation of its Cybersecurity Maturity Model Certification (CMMC) program. The DoD now expects to complete documentation to submit to the...more
As 2021 draws to a close, we wanted to share a recap of some of the most important cybersecurity developments we covered this past year along with some suggestions on what companies (particularly those that do business with...more
The Department of Defense (DOD) recently announced several changes to its Cybersecurity Maturity Model Certification program. The program applies to those who serve as contractors and suppliers to the DOD. As described in our...more
On November 4, 2021, the Department of Defense (“DOD”) announced several changes to the Cybersecurity Maturity Model Certification (“CMMC”) program – the program that DOD intends to use to enhance the security of the defense...more
In February 2021, President Biden issued Executive Order 14017, “Executive Order on America’s Supply Chains” (discussed here), requiring (among other things) a report within 100-days requiring key government agencies to...more
6/30/2021
/ Batteries ,
CFIUS ,
Child Labor ,
China ,
Defense Production Act ,
Department of Defense (DOD) ,
Electric Vehicles ,
Executive Orders ,
Forced Labor ,
Geopolitical Risks ,
Greenhouse Gas Emissions ,
Human Rights ,
Joe Biden ,
Manufacturers ,
NDAA ,
Prescription Drugs ,
Russia ,
Semiconductors ,
Supply Chain
On February 24, 2021, President Biden signed Executive Order 14017, “Executive Order on America’s Supply Chains,” requiring a review of global supply chains that support key U.S. industries in an attempt to improve supply...more
4/1/2021
/ Biden Administration ,
Department of Agriculture ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
Department of Homeland Security (DHS) ,
Department of Transportation (DOT) ,
Executive Orders ,
Federal Contractors ,
National Security ,
Regulatory Reform ,
Supply Chain
On December 21, 2020, the Department of Defense (“DoD”) published a final rule in the Federal Register that codifies the National Industrial Security Program Operating Manual (“NISPOM”) in the Code of Federal Regulations...more
On January 1, 2021, Congress overrode President Trump’s veto of the Fiscal Year (“FY”) 2021 National Defense Authorization Act (“NDAA”) (the “Act”), Pub. L. No. 116-283. The $740 billion defense bill establishes funding...more
The Department of Defense (DoD) recently published an interim rule that sets forth its Cybersecurity Maturity Model Certification (CMMC) program plan, as well as new requirements for a “NIST SP 800-171 DoD Assessment...more
At long last, the Department of Defense (“DoD”) has provided its interim rule, published in the Federal Register on September 29, 2020, amending the Defense Federal Acquisition Regulation Supplement (“DFARS”) to set forth...more
On July 14, 2020 the Department of Defense (“DoD”), General Services Administration (“GSA”), and the National Aeronautics and Space Administration (“NASA”) published an Interim Rule amending the Federal Acquisition Regulation...more
7/15/2020
/ China ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
General Services Administration (GSA) ,
Interim Rule ,
NASA ,
NDAA ,
Supply Chain ,
Technology Sector ,
Telecommunications
A lot has happened since the Department of Defense (“DOD”) released its Cybersecurity Maturity Model Certification (CMMC) v. 1.0 back in February (see our prior discussion here). In addition to developments with the CMMC...more
To further assist the contractor community with the effects of the unprecedented Coronavirus Disease 2019 (COVID-19), the U.S. Department of Defense (DoD) issued on April 8, 2020 a Class Deviation authorizing contracting...more