Executive Order on Cybersecurity Expands Mandatory Breach Notification and Supply Chain Security Requirements for Government Contractors
- On May 12, 2021, the Biden administration issued an ambitious Executive Order on Improving the Nation’s Cybersecurity (EO) declaring the prevention, detection, assessment, and remediation of cyber incidents to be a “top priority and essential to national and economic security.” Over 8,000 words long,... ›
Data Rights: Current Developments & Pending DOD Changes
Jay DeVecchio recently published a Briefing Paper for Thomson Reuters covering recent developments in the Department of Defense’s (DOD) Defense Federal Acquisition Regulation Supplement (DFARS) data rights provisions. Dissecting the DOD’s recent actions and attitudes, this article contextualizes the upcoming DOD proposal as it... ›U.S. Government Responds to SolarWinds Hack, Seeks to Establish New Norms for Cyber Espionage
By: Miriam H. Wugmeister, Brandon L. Van Grack and Tina D. Reynolds
After much anticipation and hints, the U.S. Government announced a series of measures to respond to recent Russian actions against the United States, including the SolarWinds intrusion campaign. The measures underscore that companies are not in a position and should not be left to... ›Top Cybersecurity Considerations for Government Contractors in 2021
By: Tina D. Reynolds
Although it was already apparent, recent events have made it even clearer that cybersecurity is an essential concern for government contractors. The coming year is poised to include many cybersecurity-related changes and developments. Below we highlight just a few: Continued Rollout of Department of... ›Deadline Fast Approaching for DoD Contractors and Subcontractors to Report Cyber Compliance
By: Tina D. Reynolds
As we previously reported, the Department of Defense (DoD) has issued an interim rule that requires all contractors and subcontractors that store, process, generate, transmit or access “covered defense information” to conduct a self- assessment of compliance with NIST SP 800-171 using the DoD... ›Breaking DOD’s Code: How to Figure Out and Resist What DOD Really, Truly Wants to Do to Your Data Rights
Your rights in technical data and software are at greater risk today than at any time during the last 25 years. The Department of Defense (“DOD”) is proposing the authority to rewrite commercial software licenses in ways never before seen and guaranteed to be... ›U.S. District Court for the District of Columbia Finds That Alleged Cybersecurity Vulnerability Is Not Material Under False Claims Act
By: Tina D. Reynolds and Victoria Dalcourt Angle
In a decision sure to bring some comfort to contractors providing information technology equipment and services to the federal government, a U.S. district court judge recently granted a motion to dismiss a False Claims Act (FCA) suit, finding that the relator both failed to... ›Department of Defense Issues CMMC Interim Rule, Setting up a Two-Part Process for Review of Contractor IT Systems
By: Tina D. Reynolds
On September 29, 2020, the Department of Defense (DoD) issued a long-anticipated interim rule implementing its Cybersecurity Maturity Model Certification (CMMC) program. The rule introduces a new mandatory construct, the DoD Assessment Methodology, to serve as an interim certification process before contractors undergo a... ›Department of Defense March Towards CMMC Continues
By: Tina D. Reynolds
Although, as of late, the coronavirus and its impact have been top of mind for government contractors and, indeed, the entire world, the Department of Defense (DoD) has continued undeterred with its planned implementation of the Cybersecurity Maturity Model Certification (CMMC) program. Below we... ›Cyber Preparedness for Government Contractors: Opportunistic Hackers and the COVID-19 Pandemic
By: Tina D. Reynolds and Sandeep N. Nandivada
The COVID-19 pandemic has disrupted operations across the globe as government agencies and corporations grapple with the implications of remote work, workforce and workplace limitations, and employee health and safety. But while this worldwide crisis has introduced new complexities and challenges, it also has... ›