News & Analysis as of

Software Biden Administration

Mintz - Antitrust Viewpoints

DOJ Reaffirms Stance on Algorithmic Price Fixing, While Federal Judge Dismisses Price Fixing Complaint Against Software Company —...

On March 27, the Department of Justice Antitrust Division submitted a Statement of Interest (SOI) in a pricing algorithm case, in which it continues to argue that the use of third-party algorithmic price devices may...more

Goodwin

Crossing Administrations: The Focus on Federal Cybersecurity Continues

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Federal contractors, including defense contractors, should prepare for the emergence of new requirements in the coming months that are designed to strengthen software supply chain security, impose more stringent cybersecurity...more

Davis Wright Tremaine LLP

Analyzing President Biden's Ambitious Cybersecurity Executive Order

In his final days in office, President Biden signed an ambitious executive order to improve the federal government's approach to cybersecurity. Executive Order 14114 ("Executive Order"), issued January 16, 2025, titled...more

Jenner & Block

Client Alert: White House Executive Order Seeks to Strengthen Federal Cybersecurity

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On January 16, 2025, former President Biden issued the Executive Order on Strengthening and Promoting Innovation in the Nation’s Cybersecurity (the EO). The EO directs various parts of the federal government to adopt a...more

Morrison & Foerster LLP - Government...

Biden’s Final Cybersecurity Order Proposes Significant Changes, All to Be Implemented by the Incoming Administration

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

Morrison & Foerster LLP - Government...

SHARE IT Act Requires Agencies to Share Custom-Developed Source Code Throughout the Government

On December 23, 2024, President Biden signed the Source Code Harmonization and Reuse in Information Technology Act (“SHARE IT Act” or “the Act”), which provides a formal mechanism for federal agencies to store and share...more

Ropes & Gray LLP

FDA Finalizes Guidance on Predetermined Change Control Plans for AI-Enabled Medical Device Software

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On December 4, 2024, the U.S. Food and Drug Administration (“FDA”) released its final guidance for industry on predetermined change control plans (“PCCPs”) for devices that utilize artificial intelligence-enabled software...more

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – Guardrails for AI use across government operations, Perplexity lawsuit, thousands of creative professionals sign...

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

King & Spalding

Biden Administration Issues Proposed Rule Targeting “Connected Vehicles” Tied to China or Russia

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The Proposed Rule imposes substantial new reporting, diligence, and compliance obligations for companies in the automotive supply chain - On September 26, 2024, the U.S. Department of Commerce’s Bureau of Industry and...more

Holland & Knight LLP

BIS Proposes Rule to Secure Connected Vehicle Supply Chains from Foreign Adversary Threats: Rule Will Create New Compliance...

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The U.S. Department of Commerce's Bureau of Industry and Security (BIS) issued a Notice of Proposed Rulemaking (Proposed Rule) on Sept. 26, 2024, to address certain undue or unacceptable risks identified in Executive Order...more

King & Spalding

NIST Releases Series of AI Guidelines & Software in Ongoing Response to AI Executive Order

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The U.S. Department of Commerce’s National Institute of Standards and Technology (“NIST”) recently announced the publication of three AI guidelines as well as its release of a software package aimed at helping organizations...more

WilmerHale

NIST Issues New AI Risk Mitigation Guidelines and Software

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On July 26, 2024, the National Institute for Standards and Technology (“NIST”), part of the Department of Commerce, released guidelines, a global engagement plan, and software covering various aspects of AI technology...more

Pillsbury - Global Sourcing Practice

AI Testing: NIST’s Dioptra as a Step Forward, and Other NIST Guidance

As part of NIST’s recent mandate to formalize AI Testing set forth in President Joe Biden’s Executive Order on AI, NIST recently released a testbed called Dioptra that can be utilized to conduct evaluations to assess AI...more

Robinson+Cole Data Privacy + Security Insider

Commerce Department Bans Kaspersky Software in US

In the Biden Administration’s continuing effort to reduce the risk of cybersecurity spyware from foreign adversaries, including Russia, the United States Department of Commerce (Commerce) issued a final rule (Rule) on June...more

Fenwick & West LLP

U.S. Imposes Sweeping New Sanctions and Export Controls on Russia and Belarus, including on Certain Software and Related Services

Fenwick & West LLP on

Citing Russia’s “transition to a full war economy,” the United States imposed sweeping new sanctions and export controls on Russia and Belarus today, including companies and individuals that continue to supply Russia’s...more

Sheppard Mullin Richter & Hampton LLP

Two New Cybersecurity Proposed Rules Mean Big Changes for Federal Contractors

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

Fenwick & West LLP

UPDATE: Secure Software Development Attestation: A(nother) Government Requirement

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As follow-on guidance to Office of Management and Budget’s (OMB) September 14, 2022 memo and the associated Executive Order on Improving the Nation’s Cybersecurity from May 2021, the Cybersecurity and Infrastructure Security...more

Pillsbury Winthrop Shaw Pittman LLP

New Biden Administration Cyber Strategy Proposes Dramatic Shift in Order to Hold Software Developers Liable for “Insecure”...

The Strategy’s liability proposal represents a fundamental change in the cybersecurity market for software markers. Proposed legislation would seek to restrict software providers’ ability to limit liability while also...more

Sheppard Mullin Richter & Hampton LLP

Biden Administration Releases Highly Anticipated National Cybersecurity Strategy

On March 2, 2023, the Biden Administration released its National Cybersecurity Strategy. The Strategy represents the latest push by the Administration to focus on cybersecurity concerns, following the release of Executive...more

Dorsey & Whitney LLP

Biden Administration Restricts U.S. Exports of Advanced Computing and Semiconductor Manufacturing Equipment, Software, and...

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On October 7, 2022, the Biden Administration announced new restrictions on exports to China of advanced integrated circuits (“ICs”), computers and components containing advanced ICs, semiconductor manufacturing equipment, and...more

Ankura

OMB Renews Commitment to EO14028 by Requiring SSDF Compliance in Federal Software Acquisition

Ankura on

On September 14, 2022, the Office of Management and Budget (OMB) issued much-anticipated guidance on the implementation of Secure Software Development Framework (SSDF) requirements for contractors (The “Guidance Memo”)...more

Fenwick & West LLP

Secure Software Development Attestation: A(nother) Government Requirement

Fenwick & West LLP on

On September 14, 2022, the Office of Management and Budget (“OMB”) issued a memorandum on Enhancing the Security of the Software Supply Chain through Secure Software Development Practices (“OMB Memo”) to help ensure software...more

Womble Bond Dickinson

Federal Software Providers Need to Be Ready to Attest to NIST Compliance Within the Coming Year

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Companies providing software to the federal government need to be prepared to attest that their software is NIST (National Institute of Standards and Technology)-compliant within the coming year. On September 14, 2022, the...more

King & Spalding

Departments of Commerce and Homeland Security Release Report on Information and Communications Technology Supply Chain

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EVALUATES INFORMATION AND COMMUNICATIONS TECHNOLOGY INDUSTRY AND PROPOSES RECOMMENDATIONS FOR INCREASED DOMESTIC PRODUCTION - This is the third in a series of client alerts regarding intensive assessments of six key supply...more

Robinson+Cole Data Privacy + Security Insider

NIST Releases Guidance on Supply Chain Security

The National Institutes of Science and Technology (NIST) Information Technology Laboratory recently released guidance entitled “Software Supply Chain Security Guidance,” in response to directives set forth in President...more

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