News & Analysis as of September 20, 2024

Reporting Requirements

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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 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

EU AI Act, US NIST Target Cyberattacks on AI Systems—Guidance and Reporting Obligations

Morgan Lewis on 7/17/2024

The European Union published on July 12, 2024 the final text of its Artificial Intelligence (AI) Act, in force on August 1, 2024, which will implement material cybersecurity and incident reporting requirements, among other...more

Rolling With the Punches in a Networked World: CCOE Cybersecurity Panel Discussion

Foley & Lardner LLP on 6/14/2024

Whether the game is football, baseball, hockey, or Indy Car racing, no team goes into their major championship matchup without training. Companies need to train as well if they intend to operate on the internet and expect to...more

Client Alert: Takeaways from SEC v. SolarWinds Motion to Dismiss Hearing

Jenner & Block on 6/3/2024

The SEC’s high-profile litigation against SolarWinds and its Chief Information Security Officer (CISO), Timothy Brown, reached a critical juncture on May 15, 2024, when the parties presented oral arguments before Judge Paul...more

FHA Requiring Reporting of Significant Cybersecurity Incidents

Ballard Spahr LLP on 5/28/2024

In Mortgagee Letter 2024-10, FHA announced a requirement for FHA approved lenders to notify the U.S. Department of Housing and Urban Development (HUD) of Significant Cybersecurity Incidents. The Mortgagee Letter, which is...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

Privacy Briefs: April 2024

Health Care Compliance Association (HCCA) on 4/22/2024

The Cybersecurity and Infrastructure Agency (CISA) is seeking comment on a proposed rule to implement reporting requirements for critical infrastructure entities, including health care entities, on cyberattacks and ransomware...more

Privacy Briefs: February 2024

Health Care Compliance Association (HCCA) on 2/9/2024

The American Hospital Association (AHA) has warned that information technology (IT) help desks are being targeted in a social engineering scheme that uses the stolen identity of revenue cycle employees or employees in other...more

White House Issues Sweeping Executive Order on AI: Key Takeaways

Dechert LLP on 12/21/2023

President Biden’s recent Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence: Establishes a federal government-wide effort to mitigate risks of improper AI development and use. ...more

FBI and CISA Issue Advisory on Scattered Spider Ransomware Attacks

Foley Hoag LLP on 11/28/2023

Large companies holding sensitive data – including financial services, telecommunications, business process outsourcing, hospitality, and cryptocurrency firms – as well as their IT helpdesks, are increasingly being targeted...more

The SEC’s Charges Against SolarWinds and its Chief Information Security Officer Provide Important Cybersecurity Lessons for Public...

White & Case LLP on 11/15/2023

On October 30, 2023, the US Securities and Exchange Commission ("SEC") announced that it filed charges against SolarWinds Corp. ("SolarWinds" or the "Company") and its Chief Information Security Officer ("CISO") in connection...more

Key Provisions and Impacts of Biden’s Executive Order on AI Regulation and Development

Fenwick & West LLP on 11/9/2023

On October 30, 2023, the Biden administration issued a sweeping Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (the “Executive Order”), which ambitiously directs the...more

What to Know About the New Artificial Intelligence Executive Order

Holland & Knight LLP on 11/2/2023

President Joe Biden on Oct. 30, 2023, signed an expansive, 111-page Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO) in response to the administration's growing concerns...more

Show Your Work: The SEC Cyber Rules and Documenting Materiality Analysis Under NIST FIPS 199

Baker Donelson on 10/24/2023

The date July 26, 2023, marks the latest evolution of the cybersecurity regulation landscape as the Securities and Exchange Commission passed cybersecurity regulations for publicly traded companies. At the open meeting, SEC...more

NIST Releases Initial Public Draft of NIST SP 800-171, Revision 3 for Protection of Sensitive Government Information

Sheppard Mullin Richter & Hampton LLP on 5/26/2023

The National Institute of Standards and Technology (NIST) has released an initial public draft of NIST SP 800-171, Revision 3, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations. Compliance...more

Get the Federal ‘Cyber Carrots’ Now Because the Stick is Coming!

Nossaman LLP on 9/10/2021

In the wake of several recent high-profile cyber and ransomware attacks on critical infrastructure, Committees in both the House and Senate are drafting at least three separate pieces of legislation that would require victims...more

The Past is Prologue: A Cyber Preview for 2021

Wiley Rein LLP on 12/14/2020

As we all look forward to closing the book on 2020 and await the promise of a new year, we can see the coming landscape in cybersecurity and cyber policy will be heavily influenced by developments and events from this past...more

New “Basic Assessment” Is a Bridge to CMMC for Defense Contractors

Bradley Arant Boult Cummings LLP on 11/13/2020

The Department of Defense (DoD) continues to enhance cybersecurity requirements in its supply chain. A new rule requires some contractors to assign a numerical score to their current cybersecurity practices. Additionally, the...more

New Proposed DoD Cyber Guidance May Fuel Bid Protest Docket

Pillsbury Winthrop Shaw Pittman LLP on 5/17/2018

Newly published draft DoD Guidance for Reviewing System Security Plans (SSP) and the “NIST SP 800-171 Security Requirements Not Yet Implemented” answer some questions but may also result in an increased protest docket due to...more

December 31, 2017 Deadline for Cybersecurity under DFARS 252.204-7012 Re-Interpreted

Pillsbury Winthrop Shaw Pittman LLP on 12/21/2017

The DoD clarifies its expectation for full compliance to protect Controlled Unclassified Information (CUI) residing on Contractor Systems from cyber incidents. A defense contractor’s updated and current System Security...more

Two End-of-Year Federal Government Deadlines Approaching

Burr & Forman on 10/11/2017

Significant Changes to Online Copyright (DMCA) Safe Harbor and DoD Contractor Cybersecurity (NIST 800-171) Requirements Take Effect at the End of This Year. Important Change Affecting Digital Millennium Copyright Act...more

Alert: DoD Contractors Required to Meet Cybersecurity Requirements by Year End

Cooley LLP on 10/5/2017

The window for Department of Defense (DoD) contractors to bring themselves into compliance with cybersecurity requirements is closing. Specifically, changes to the Defense Federal Acquisition Regulation Supplement (DFARS)...more

DoD to Host Industry Information Day on Implementation of Cybersecurity Rules

Holland & Knight LLP on 4/11/2017

The Dec. 31, 2017 deadline for Department of Defense (DoD) contractors to comply with DoD’s cybersecurity and breach reporting requirements is looming. The requirements, which are set forth in DoD’s Oct. 21, 2016, final rule,...more

New DoD Cybersecurity Rule and How Contractors Can Reduce Their Risks

Perkins Coie on 10/26/2015

The Department of Defense (DoD) issued an interim cybersecurity rule in August 2015 that, among other things, revises the existing Defense Federal Acquisition Regulation Supplement (DFARS) cybersecurity clause and increases...more

DoD New Cyber Security Reporting Rules for Contractors

Davis Wright Tremaine LLP on 9/1/2015

In a move that highlights the changing winds of federal cybersecurity policy, the Department of Defense (“DoD”) has issued an interim Rule (“Rule”) that imposes new security and reporting requirements on federal contractors,...more

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