Topic Archives: Cybersecurity & Data Privacy

Cybersecurity
May 23, 2017Cybersecurity & Data Privacy

The ‘WannaCry’ ransomware attack could have been prevented. Here’s what businesses need to know.

By now everyone has heard about last week’s unprecedented cyber attack, in which a piece of ransomware known as “WannaCry” wreaked havoc across the world, impacting more than 150 countries and crippling hundreds of organizations—from global businesses to government entities and even Britain’s National Health Service. As the attack made abundantly clear, the public and ...›

Cybersecurity
March 29, 2017Cybersecurity & Data Privacy

Can Border Agents Search Your Phone?

There have been numerous reports from individuals entering the U.S. of border agents searching their phones and laptop computers. Many of those individuals are U.S. citizens. Although these events have been in the news recently and appear to be on the rise, this practice is not new. According to CNN, quoting a U.S. customs agency ...›

Cybersecurity
March 2, 2017Cybersecurity & Data Privacy

Cybersecurity and Government Contracting

Recent highly publicized cyber hacks and data leaks have brought increased federal government interest and involvement in cybersecurity matters related to government contractors. In 2016 we saw a new crop of cyber-related regulations, including the FAR clause for “Basic Safeguarding of Contractor Information”, the NARA final rule on Controlled Unclassified Information, and revised DFARS regulations ...›

Cybersecurity
February 16, 2017Cybersecurity & Data Privacy

IP in Government Contracts: Developments to Watch in 2017

In 2017, a big intellectual property and government contracts issue will be the government’s acquisition of rights in a company’s proprietary software.  Data rights for government contractors has been defined and redefined over the past five years.  As a result, government contractors need to pay careful attention to what is categorized as reintegration and segregation ...›

February 16, 2017Cybersecurity & Data Privacy, Resources

The Bayh-Dole Act

The Bayh-Dole Act allocates rights for intellectual property developed with federal funds between contractors or grant recipients and the government.  This infographic provides an overview of the Bayh-Dole Act, the steps that must be followed for contractors/grantees to retain ownership of title to IP, and the potential consequences of not following these rules. ...›

Small Business

Problems Abound with DOD’s Proposed IRAD Rule

On November 4, 2016, the Department of Defense proposed a new rule applicable to major defense contractors who expect to use future independent research and development (“IRAD”) to perform DoD contracts.  The proposed rule requires DoD agencies to assign an evaluation cost penalty to the proposed price of any contractor expecting to receive reimbursement from ...›

Cybersecurity

Important Takeaways from DHS’s Proposed Rule on Controlled Unclassified Information

The Department of Homeland Security (DHS) has now officially entered the government data security fray with its own proposed rule (HSAR Case 2015-001; 82 FR 6429; Jan. 19, 2017) for safeguarding Controlled Unclassified Information (CUI). We have previously commented on the National Archives and Record Administration’s Final Rule on CUI, the Department of Defense’s rules on ...›

Cybersecurity
January 5, 2017Cybersecurity & Data Privacy

Congress Revisits the Data Rights Statutes and Advances Modular Open Systems Architecture in the FY 2017 NDAA

Although there usually is great validity in the aphorism that “no man’s life, liberty, or property is safe while the Legislature is in session,” we might have to rethink that notion when it comes to data rights.  Congress did some good last month in passing, with broad support, the National Defense Authorization Act (NDAA) for ...›

Cybersecurity

PubKLaw Webinar: Government Contracts Year-In-Review FY 16-17

On December 15, 2016, Morrison & Foerster Partner W. Jay DeVecchio will be presenting at PubKLaw’s 2nd Annual Government Contracts Year-In-Review FY 16-17. Mr. DeVecchio’s panel, “Intellectual Property, Information Technology, and Cybersecurity in Government Contracting,” will be held from 1-2:30PM. The program will provide analysis, updates, and outlook for government contracting professionals for FY 16-17. ...›

Defense
November 9, 2016Cybersecurity & Data Privacy, Defense

DoD Issues Proposed Rule Regarding Withholding and Dissemination of Unclassified Technical Data and Technology

On October 31, 2016, the Department of Defense (DoD) issued a proposed rule (81 Fed. Reg. 75352) to address DoD’s procedures for the withholding and dissemination of unclassified export-controlled technical data and technology.  The proposed rule focuses on regulating DoD’s public release of export-controlled technical data and technology, and DoD’s requirements for the transfer of ...›