On August 22, 2024, the United States Department of Justice (DOJ) filed a Complaint-In-Intervention (the “Complaint”) against the Georgia Institute of Technology (Georgia Tech) and Georgia Tech Research Corp. (GTRC). The...more
On June 28, 2024, in a landmark decision, the Supreme Court overruled the four decade old case Chevron v. Natural Resources Defense Council. This pivotal decision should spur businesses to recalibrate their existing...more
8/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Cybersecurity ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Popular ,
SCOTUS ,
Statutory Authority ,
Statutory Interpretation
On January 26, 2024, the Federal Risk and Authorization Management Program (“FedRAMP”) published a draft Emerging Technology Prioritization Framework developed in response to President Biden’s Executive Order 14110 on Safe,...more
On October 3, 2023, the FAR Council released two long-awaited proposed rules for federal contractor cybersecurity stemming from the Biden Administration’s Cybersecurity Executive Order from May 2021 (Executive Order 14028)....more
10/5/2023
/ Biden Administration ,
Comment Period ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Protection ,
Data Security ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OMB ,
Popular ,
Proposed Rules ,
Public Comment ,
Regulatory Agenda ,
Software ,
Technology Sector
In recent weeks, there has been an uptick in news of cyber-related False Claims Act (“FCA”) activity. For example, on September 1, 2023, the court unsealed a qui tam lawsuit against Penn State University relating to...more
9/12/2023
/ Compliance ,
Compliance Monitoring ,
Controlled Defense Information (CDI) ,
Cybersecurity ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
DFARS ,
Enforcement ,
False Claims Act (FCA) ,
Federal Contractors ,
Internal Investigations ,
Policies and Procedures ,
Popular ,
Qui Tam ,
Universities ,
Whistleblowers
On July 18, 2023, the Biden Administration announced the launch of the long-awaited cybersecurity labeling program, called the “U.S. Cyber Trust Mark,” aimed at providing consumers with a better understanding of the...more
8/2/2023
/ Biden Administration ,
Cybersecurity ,
Data Security ,
FCC ,
Internet of Things ,
Internet Retailers ,
Labeling ,
NIST ,
Notice of Proposed Rulemaking (NOPR) ,
Online Marketplace ,
Popular ,
Regulatory Agenda ,
Telecommunications ,
Wireless Technology
In the first installment of our cybersecurity series, we discussed the importance of developing and implementing practical Information Security policies and procedures within your organization as well as the ethical and legal...more
Yesterday we continued our series... with the Office of Management and Budget’s September 2022 memorandum requiring federal agencies to only use software from software producers that attest compliance with secure software...more
1/24/2023
/ Critical Infrastructure Sectors ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Federal Acquisition Regulations (FAR) ,
Government Agencies ,
NIST ,
OMB ,
Popular ,
Software ,
Supply Chain
The White House recently hosted a group of industry and government partners to discuss the development and implementation of an Internet of Things (IoT) labeling program. This program would develop a common label to help...more
The rise of blockchain, metaverse and Web3 technologies has lead to rapid adoption across all sectors of the economy. The government sector is no exception. Perhaps one of the most compelling examples is the recent...more
President Biden recently signed into law the Cyber Incident Reporting for Critical Infrastructure Act of 2022 as a part of a larger omnibus appropriations bill. The new law sets out mandatory reporting requirements for...more
3/29/2022
/ Covered Entities ,
Critical Infrastructure Sectors ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Security ,
Joe Biden ,
New Legislation ,
Popular ,
Privacy Laws ,
Proposed Rules ,
Reporting Requirements ,
Rulemaking Process
NIST recently released several key deliverables relating to cybersecurity. These focus on secure software development and new consumer labeling programs as contemplated by President Biden’s Executive Order 14028, which seeks...more
The National Institute of Standards and Technology (NIST) is seeking comments to improve its Cybersecurity Framework, “Framework for Improving Critical Infrastructure Cybersecurity” (Request for Information available here)....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
12/20/2021
/ Biden Administration ,
Cyber Threats ,
Cybersecurity ,
Data Security ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Internet of Things ,
Popular ,
Software Developers ,
Supply Chain
On Wednesday, October 6, 2021, the Department of Justice (“DOJ”) announced a new Civil Cyber-Fraud Initiative to enforce cybersecurity standards and reporting requirements. The Initiative will use DOJ’s civil enforcement...more
10/29/2021
/ Cybersecurity ,
Data Protection ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Contractors ,
Fraud ,
Policies and Procedures ,
Popular ,
Regulatory Oversight ,
Reporting Requirements
The National Institute of Standards and Technology (“NIST”) is seeking comments on its draft NIST SP 800-161 Rev. 1, “Cyber Supply Chain Risk Management Practices for Systems and Organizations,” published on April 29, 2021....more
5/27/2021
/ Biden Administration ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Executive Orders ,
Information Technology ,
NIST ,
Popular ,
Software ,
Supply Chain ,
Technology
On May 12, 2021, the Biden Administration issued its much anticipated “Executive Order on Improving the Nation’s Cybersecurity.” Below are provisions we believe will be of most interest to contractors, as well as any company...more
5/19/2021
/ Biden Administration ,
Critical Infrastructure Sectors ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
DFARS ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Information Technology ,
Internet of Things ,
NIST ,
OMB ,
Popular ,
Software ,
Supply Chain ,
Technology
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
As a part of its Cybersecurity for IoT Program, NIST recently released two publications with the goal of providing cybersecurity guidance and best practices specific for companies manufacturing IoT devices. These publications...more
In an era of trade wars, espionage, and executive orders, how can companies who wish to dive into government procurement or are already involved in procurement abide by Federal laws and data security regulations and increase...more
In 2019, cybersecurity has become top-of-mind for most federal government contractors and agencies that share sensitive information. In addition to updated Department of Defense guidance and procedures for evaluating...more
4/30/2019
/ Controlled Unclassified Information (CUI) ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Defense (DOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
Information Security ,
Internet of Things ,
NIST ,
Policies and Procedures ,
Popular ,
Proposed Legislation ,
Risk Assessment ,
Sensitive Business Information ,
Vendors
On May 11, President Donald Trump issued his long-awaited Executive Order on cybersecurity, the ‘‘Presidential Executive Order on Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.’’ It had been...more
5/31/2017
/ Critical Infrastructure Sectors ,
Cybersecurity ,
Cybersecurity Framework ,
Data Protection ,
Executive Orders ,
Hackers ,
Information Technology ,
National Security ,
NIST ,
Popular ,
Risk Management ,
Trump Administration