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In a decisive move to stay ahead in an era of rapidly evolving digital threats, the Department of Defense (DOD) is accelerating its push for software modernization. The upcoming launch of the Software Fast Track (SWIFT)...more
A recent United States Department of Justice (DOJ) announcement reinforces that enforcement of cybersecurity requirements under the False Claims Act (FCA) remains an ongoing risk. According to the press release, defense...more
WHAT: Department of Defense (DOD) Secretary Pete Hegseth issued a memorandum titled “Directing Modern Software Acquisition to Maximize Lethality” that is intended to reform DOD’s procurement involving software development....more
As drones become increasingly integrated into recreational and professional activities, their presence in U.S. airspace has grown exponentially. These unmanned aerial systems (UAS) bring unparalleled opportunities,...more
Although the change in administrations has heralded shifting enforcement priorities at the U.S. Department of Justice (DOJ), cybersecurity enforcement under the False Claims Act (FCA) appears to be alive and well. That is the...more
The Department of Defense (DoD) recently issued a memo titled, "Implementing the Cybersecurity Maturity Model Certification (CMMC) Program: Guidance for Determining Appropriate CMMC Compliance Assessment Levels and Process...more
In this episode of Wiley’s Government Contracts podcast, partners Tracye Howard and Sara Baxenberg discuss the evolving national security concerns surrounding Internet of Things (IoT) modules produced by Chinese companies...more
The Federal Acquisition Regulation (FAR) Council issued its long awaited proposed rule on Controlled Unclassified Information (CUI) on January 15, 2025. The proposed rule establishes a common form to be used by all federal...more
On January 15, 2025, the Federal Acquisition Regulatory (FAR) Council issued a proposed rule that, if adopted, would uniformly define and protect Controlled Unclassified Information (CUI) across the government. The proposed...more
On January 15, 2025, the Department of Defense (DOD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) (collectively, “the FAR Council”) issued a long-anticipated proposed...more
Citing the threats posed by foreign adversaries and criminal organizations, and seeking enhanced accountability for companies that provide software and cloud services to the federal government, the Biden administration has...more
After years of anticipation, the Federal Acquisition Regulation (FAR) Council has announced the arrival of its proposed rule to enhance the safeguarding of Controlled Unclassified Information (CUI) in federal contracts (the...more
To kick off the New Year (and as is now tradition, since we put out a similar Recap & Forecast last year), Sheppard Mullin’s Governmental Practice Cybersecurity & Data Protection Team has prepared a cybersecurity-focused 2024...more
The Department of Commerce (Commerce) Office of Information and Communications Technology and Services (OICTS) has broad authority—born out of executive action during the first Trump administration—to identify and mitigate...more
Part of the Biden Administration’s push to enhance U.S. cybersecurity capabilities has focused on imposing new requirements on government contractors. The 2023 National Cybersecurity Strategy suggested, for example, that...more
Publications & Advisories - November 2024 – Kathleen Benway, Jennifer Everett, Alysa Austin, and Kristen Bartolotta published “Federal Trade Commission’s Updated Health Breach Notification Rule Is Now in Effect” in Employee...more
Merger and acquisition (M&A) activity is often the lifeblood of corporate growth. While whole treatises can be, and have been, written on cybersecurity and legal challenges during M&A activity, the following are a few key...more
Since 2016, the federal government has implemented numerous procurement regulations and associated contract clauses to address cybersecurity by requiring contractors to adopt various controls and standards to protect...more
Some might say there’s little difference between dealing with the devil and being a federal contractor. And for the unwary or unprepared, that may not be far off. Federal contracting comes with a litany of “fine print” that...more
On August 15, 2024, the Department of Defense (DOD) announced the much-anticipated Proposed Rule that would amend the Defense Federal Acquisition Regulation Supplement (DFARS) to include Cybersecurity Maturity Model...more
To dramatically scale up the Modernizing the Federal Risk and Authorization Management Program (FedRAMP) marketplace, the Office of Management and Budget (OMB) has completely rewritten FedRAMP’s vision, scope and governance...more
In May, the National Institute of Standards and Technology (NIST) issued updated recommendations for security controls for controlled unclassified information (CUI) that is processed, stored or transmitted by nonfederal...more
On May 14, 2024, the National Institute of Standards and Technology (NIST) dropped the third remix…er, revision…of its Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Systems...more
In this series of articles, we explore the different certification requirements of CMMC Levels 1, 2 and 3; the impact on contractors and external service providers; and proposed next steps... On December 26, 2023, the US...more
On December 26, 2023, the Department of Defense (“DoD”) belatedly gifted defense contractors and subcontractors a Proposed Rule on the Cybersecurity Maturity Model Certification (“CMMC”) Program. DoD also released eight CMMC...more