News & Analysis as of

False Claims Act (FCA) Cybersecurity Federal Acquisition Regulations (FAR)

Wiley Rein LLP

DOJ Continues Crackdown on Cybersecurity Compliance with $1.25M FCA Settlement

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The Department of Justice (DOJ) secured another win for its Civil Cyber-Fraud Initiative last week when it resolved a False Claims Act (FCA) action[1] alleging Pennsylvania State University (Penn State) failed to comply with...more

McCarter & English Blog: Government Contracts...

DOJ Went Down to Georgia: Lessons Learned from Recent Cybersecurity Enforcement Actions

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

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

Oberheiden P.C. on

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

Mintz

EnforceMintz — 2023 Brings Uptick in Cybersecurity Enforcement, Insight Into Potential Risks

Mintz on

After the Department of Justice (“DOJ”) announced its Civil Cyber-Fraud Initiative in October 2021, many in the False Claims Act (“FCA”) bar expected an onslaught of enforcement actions and qui tam cases. The initiative...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – January 2024 #3

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Good News for Pandemic-Related Government Contract Claims: McCarthy HITT – Next NGA West JV - On December 20, 2023, the Armed Services Board of Contract Appeals (the Board) denied the government’s motion to dismiss...more

Goodwin

CMMC 2.0: Defense Contractors Get Ready

Goodwin on

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

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter - December 2024

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

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

PilieroMazza PLLC

Protecting Our Nation’s Data, Part 3: Are Goods or Services Subject to FASCSA Orders?

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Substantive cybersecurity amendments to the Federal Acquisition Regulation (FAR) are underway, significantly altering the duties and obligations of federal government contractors both prior to award and during contract...more

Clark Hill PLC

Incident Reporting: The Newly Proposed Cybersecurity Requirements

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Last month the Federal Acquisition Regulatory (FAR) Council announced a major proposal regarding cybersecurity incident reporting and information. Comments currently are now due by February 2, 2024....more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – November 2023 #2

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Protecting Our Nation’s Data, Part 2: Implementing Cyber Threat Incident Reporting and Information Sharing - In October 2023, the federal government released a  Proposed Rule aimed at incorporating new cybersecurity...more

PilieroMazza PLLC

Protecting Our Nation’s Data, Part 2: Implementing Cyber Threat Incident Reporting and Information Sharing

PilieroMazza PLLC on

In October 2023, the federal government released a  Proposed Rule aimed at incorporating new cybersecurity reporting requirements into the Federal Acquisition Regulation (FAR). In this second installment of PilieroMazza’s...more

Pillsbury Winthrop Shaw Pittman LLP

Interim Rule Establishes New Supply Chain Diligence Requirements for Contractors

A new interim rule aimed at safeguarding the federal supply chain prohibits contractors from delivering or using covered articles and sources subject to exclusion or removal orders issued under the Federal Acquisition Supply...more

Akin Gump Strauss Hauer & Feld LLP

Government Contractors Beware: New Cybersecurity Rules and False Claims Act Enforcement Actions on the Rise

Two years after the Department of Justice (DOJ) established its Civil-Cyber Fraud Initiative, there has been a recent uptick in enforcement and regulatory activity related to cybersecurity. September opened with the unsealing...more

King & Spalding

Proposed FAR Revisions Aim to Standardize Cybersecurity Requirements Across Agencies and Add Incident Reporting Obligations for...

King & Spalding on

On October 3, the Department of Defense, General Services Administration, and the National Aeronautics and Space Administration published two sets of proposed revisions to the Federal Acquisition Regulation (“FAR”) pertaining...more

PilieroMazza PLLC

Protecting Our Nation’s Data, Part 1: Cybersecurity Standardization Requirements for Unclassified Federal Information Systems

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New standardized cybersecurity compliance requirements are inbound. In early October 2023, the Federal Acquisition Regulation (FAR) Council issued a proposed rule (Proposed Rule) to standardize cybersecurity requirements...more

Perkins Coie

Proposed FAR Rules Introduce New Compliance Obligations and False Claims Act Risks for Government Contractors

Perkins Coie on

The Federal Acquisition Regulatory (FAR) Council published two proposed rules on October 3, 2023, that would impose significant new cybersecurity obligations on government contractors, including requiring them to share...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

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

Morgan Lewis

DOJ Signals Continued Enforcement of Cybersecurity Obligations for Government Contractors

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The US Department of Justice (DOJ) announced a recent $4 million settlement of False Claims Act (FCA) allegations regarding a contractor’s failure to meet certain cybersecurity requirements, noting that its Civil Cyber-Fraud...more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider - June 2023

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Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. President Signs Fiscal Responsibility Act Suspending Debt Ceiling: The...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – March 2023 #2

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LITIGATION & DISPUTE RESOLUTION - The FCA at the Supreme Court, Part 2 of 4: Addressing the Standard for Knowingly Submitting a False Claim - The False Claims Act (FCA) is seeing quite a bit of action at the Supreme...more

Akin Gump Strauss Hauer & Feld LLP

The Beginnings of a Perfect Storm? DOJ’s Cyber Review Report, NSPM-33 Research Security Requirements and Aerojet’s $9 Million...

In July 2022, the Department of Justice (DOJ) released a Comprehensive Cyber Review report (the “Review”) summarizing its assessment of its own cyber-related activities and including recommendations focused on its...more

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