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False Claims Act (FCA) National Institute of Standards and Technology

Bradley Arant Boult Cummings LLP

Government Contractors Beware: DOJ Pursuing Cybersecurity Failures Under the False Claims Act

The U.S. Department of Justice (DOJ) filed its first major complaint-in-intervention under the False Claims Act (FCA) premised on a government contractor’s alleged cybersecurity deficiencies since the DOJ’s Civil Cyber-Fraud...more

Holland & Knight LLP

Podcast - Cybersecurity Roundup: Analyzing New and Proposed Rules for Contractors

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In this episode of "Regulatory Phishing," Government Contracts and Cybersecurity attorney Eric Crusius delves into the latest developments from the Cybersecurity Maturity Model Certification (CMMC) program, National Institute...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Government Intervenes in Georgia Tech Cybersecurity False Claims Case

The Georgia Tech case serves as yet another reminder of the importance of contractor compliance with cybersecurity requirements in federal contracts. The Government alleges that Georgia Tech failed to comply with the...more

Alston & Bird

Justice Department Intervention in Cyber False Claims Act Case Signals Escalation of Risk for Government Contractors

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An unprecedented cyber qui tam action involving Georgia Tech’s alleged failure to comply with certain cybersecurity controls underscores the importance of having advanced cyber requirements for federal contractors. Our...more

Alston & Bird

Department of Justice Intervenes in Cybersecurity Qui Tam Action Against Georgia Tech

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On Thursday, August 22, 2024, the United States Department of Justice (“DOJ”) filed a Complaint-In-Intervention in the case of United States of America ex rel. Christopher Craig and Kyle Koza, v. Georgia Tech Research Corp....more

Holland & Knight LLP

DOJ Brings Suit Against University Under Its Civil Cyber-Fraud Initiative

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Late last week, the U.S. Department of Justice (DOJ) filed its complaint-in-intervention in a qui tam lawsuit against the Georgia Institute of Technology (Georgia Tech), alleging that the university failed to meet certain...more

Skadden, Arps, Slate, Meagher & Flom LLP

How Defense Contractors Can Prepare Now for CMMC Implementation

The Department of Defense (DoD) is currently reviewing and adjudicating the public comments received in response to its proposed regulations implementing its Cybersecurity Maturity Model Certification 2.0 program (CMMC)....more

Akin Gump Strauss Hauer & Feld LLP

Research Security Program Guidelines Have (Finally) Arrived

On July 9, 2024, the White House Office of Science and Technology Policy (OSTP) released the long-awaited “Guidelines for Research Security Programs at Covered Institutions” (the Guidelines). The Guidelines are intended to...more

Hogan Lovells

Recent developments in FCA enforcement under the DOJ’s Civil Cyber-Fraud Initiative

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Over the last six months, the U.S. Department of Justice (DOJ) has remained vigilant in pursuing cybersecurity-related fraud under its Civil Cyber-Fraud Initiative first announced in October 2021. As we have previously...more

Blank Rome LLP

Time for Compliance with DOD’s Cybersecurity Regulations is NOW

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On February 19, 2024, the Department of Justice (“DOJ”) notified the U.S. District Court for the Northern District of Georgia that it would intervene in a False Claims Act (“FCA”) case filed against Georgia Tech Research...more

Robinson+Cole Data Privacy + Security Insider

U.S. Government Intervenes in Case Alleging Unauthorized Disclosure of CUI

The U.S. government recently intervened in a False Claims Act qui tam case against Georgia Tech Research Corporation, Georgia Institute of Technology, and Georgia Tech Research Institute for violations of NIST 800-171 for...more

Bass, Berry & Sims PLC

The United States Intervenes in its First False Claims Act Cybersecurity Case

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The United States notified the U.S. District Court for the Northern District of Georgia that it plans to intervene in a False Claims Act case filed against Georgia Tech Research Corporation (Georgia Tech) by its Associate...more

Wiley Rein LLP

As Cyber Regulators Rush Toward New Rules, Shifting Foundations May Complicate Compliance

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These days, cyber regulators are in a hurry. Commentators have observed, the “federal government is quietly directing a seismic shift in the economy” with new mandates. Ann Neuberger, Deputy National Security Advisor for...more

Oberheiden P.C.

Defense Department Looks to Update DFARS Cybersecurity Compliance Requirements

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Over the holidays, the U.S. Department of Defense (DoD) issued proposed rules for updating its Cybersecurity Maturity Model Certification (CMMC) program from its existing Defense Acquisition Regulatory Supplement (DFARS)...more

Jones Day

The Department of Defense Proposes the Much-Anticipated CMMC 2.0

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On December 26, 2023, the Department of Defense ("DoD") published a proposed rule to implement the Cybersecurity Maturity Model Certification ("CMMC") 2.0, which will establish comprehensive cybersecurity requirements for...more

Goodwin

CMMC 2.0: Defense Contractors Get Ready

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The US Department of Defense (DoD) has issued a proposed rule to implement its long-awaited Cybersecurity Maturity Model Certification program (CMMC 2.0). This proposed rule — released on December 26, 2023, and published in...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Defense Delivers Highly Anticipated CMMC Proposed Rule

The proposed rule requires contractors to make annual affirmations regarding their cybersecurity maturity, thus increasing their risk of False Claims Act Liability. The proposed rule allows for limited use of Plans of...more

Holland & Knight LLP

Department of Defense Releases Long-Awaited CMMC Proposed Rule

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Two years after announcing the second iteration of the U.S. Department of Defense's (DoD) Cybersecurity Maturity Model Certification (CMMC) program, the DoD released its proposed rule that, if adopted, will implement the...more

Akin Gump Strauss Hauer & Feld LLP

Defense Department Audit Report Provides Contractors with a Roadmap to Assess and Mitigate Cybersecurity False Claims Act Risk

On December 4, the Department of Defense Office of Inspector General (DoD OIG) issued a “special” Audit Report (the Report) that provides insight into common cybersecurity weaknesses related to the protection of Controlled...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – November 2023 #4

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Small Business Administration (SBA) Press Release: SBA Announces Biden-Harris Administration’s Progress in Small Business Lending with End-of-Year Capital Program Numbers - On November 21, Small Business Administrator...more

Davis Wright Tremaine LLP

CISA Releases Revised Draft of Secure Software Development Self-Attestation Form

The Cybersecurity and Infrastructure Security Agency (CISA) has released a revised draft of its Secure Software Development Attestation Common Form ("Form"). The Form, once finalized, will obligate vendors providing software...more

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter - October 2023

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Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more

Morrison & Foerster LLP - Government...

The FAR Council’s Proposed Cybersecurity Overhaul: Lots Of Questions, But Only Some Answers

In what can best be described as a tsunami of cybersecurity regulation, the Federal Acquisition Regulation (FAR) Council—consisting of the Department of Defense (DoD), General Services Administration (GSA), and National...more

Orrick, Herrington & Sutcliffe LLP

Penn State Cybersecurity False Claims Act Case: U.S. Government Signals Active Investigation

The federal government has declined to intervene – for now – in a recently unsealed case against Penn State that demonstrates the growing use of the False Claims Act in cybersecurity enforcement. The court gave the government...more

Orrick, Herrington & Sutcliffe LLP

The False Claims Act in Cybersecurity Enforcement: Unsealed Complaint Signals Growing Use

A recently unsealed False Claims Act qui tam complaint against Penn State is the latest in line with DOJ’s Civil Cyber-Fraud Initiative. The case is United States ex rel. Matthew Decker v. Pennsylvania State University,...more

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