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At Long Last – The FAR CUI Rule is Here! 

The wait is finally over! After more than 14 years of anticipation, the Federal Acquisition Regulation (“FAR”) Proposed Rule on Controlled Unclassified Information (“CUI”) was released on January 15, 2025 and comes as part of...more

Governmental Practice Cybersecurity and Data Protection: 2024 Recap & 2025 Forecast Alert

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

Countdown to Compliance: DoD Finalizes the CMMC Program Rule

On October 15, 2024, the Department of Defense (“DoD”) published the final version of its Cybersecurity Maturity Model Certification (“CMMC”) rule in Title 32 of the Code of Federal Regulations (the “Final Rule”). (Reminder,...more

The CMMC Rule To Update the DFARS is Here!

The proposed rule to implement the Cybersecurity Maturity Model Certification (“CMMC”) program in the Defense Federal Acquisition Regulation Supplement (“DFARS”) was published in the Federal Register on August 15, 2024 and...more

Not an April Fools Joke – FAR Part 40 Final Rule Has Been Published

On April 1, 2024, the FAR Council published a new Final Rule that establishes FAR Part 40 – but without any new provisions of substance. This Final Rule becomes effective on May 1, 2024. Subsequently, the FAR Council...more

CISA Opens Repository for Submission of Software Security Attestation Forms

On March 11, 2024, the Cybersecurity and Infrastructure Security Agency (“CISA”) and the Office of Management and Budget (“OMB”) released the highly-anticipated Secure Software Development Attestation Form (also known as the...more

Governmental Practice Cybersecurity and Data Protection - 2023 Recap & 2024 Forecast Alert

To kick off the New Year, Sheppard Mullin’s Governmental Practice Cybersecurity & Data Protection Team has prepared a cybersecurity-focused 2023 Recap (including links to all of the resources the team has put out over the...more

Governmental Practice Cybersecurity and Data Protection: 2023 Recap & 2024 Forecast Alert

To kick off the New Year, Sheppard Mullin’s Governmental Practice Cybersecurity & Data Protection Team has prepared a cybersecurity-focused 2023 Recap (including links to all of the resources the team has put out over the...more

Eye on Privacy: 2023 Year in Review

ARTIFICIAL INTELLIGENCE - What is the Privacy Impact of the White House AI Order for Businesses? Posted November 28, 2023 Biden’s sweeping AI Executive Order sought to have artificial intelligence used in accordance...more

Government Contracts Cost and Pricing: Accounting for Unallowable Costs

Welcome back to the Cost Corner, where we provide practical insight into the complex cost and pricing requirements that apply to Government contractors. This is the third article in a multi-part series on the Federal...more

Bid Protest Hub – December 2023

Since our last Bid Protest Hub article in November, the Government Accountability Office (“GAO”) has published 37 bid protest decisions, two of which have resulted in decisions sustaining the protester’s challenge. As we...more

Update: CISA Seeks Additional Input from Software Providers on Security Attestation Form

The Cybersecurity and Infrastructure Security Agency (“CISA”) recently revised its Secure Software Development Attestation Common Form (after receiving over 110 comments on the initial draft), and is seeking additional...more

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

Challenging Other Transaction Agreements – Navigating the Jurisdictional Highway

The origination of Other Transaction Agreements (OTAs) traces back to the October 1957 launch of Sputnik I by the Soviet Union and the subsequent Space Race. Congress created the National Aeronautics and Space Administration...more

Cybersecurity Labeling Program to Increase Transparency of IoT Device Security

In response to a constantly-evolving cyber threat landscape, the Biden Administration recently announced the launch of a new cybersecurity labeling program – the U.S. Cyber Trust Mark program – in an effort to enhance...more

Cybersecurity Labeling is (Almost) Here! Biden Administration Announces the U.S. Cyber Trust Mark Program

On July 18, 2023, the Biden Administration announced the launch of the long-awaited cybersecurity labeling program, called the “U.S. Cyber Trust Mark,” aimed at providing consumers with a better understanding of the...more

Continuing Skepticism on China: Final Rule Requires Disclosure of Defense Contractor Personnel in China

On March 1, 2023, the U.S. Department of Defense (“DoD”) adopted, without change, Defense Federal Acquisition Regulation Supplement (“DFARS”) Case No. 2022-D010, Employment Transparency Regarding Individuals Who Perform Work...more

In the Interest of National Security – Two New DFARS Rules Reinforce Increased Scrutiny For Chinese-Origin Supply Chains

Effective August 25, 2022, the U.S. Department of Defense (“DoD”) has issued two new changes to the Defense Federal Acquisition Regulation Supplement (“DFARS”) reinforcing national defense priorities that limit DoD contracts...more

NIST Wants Your Input – Updating NIST’s Controlled Unclassified Information (CUI) Guidelines

On July 19, 2022, the National Institute of Standards and Technology (NIST) released a Pre-Draft Call for Comments, seeking feedback on improving its Controlled Unclassified Information (CUI) series of publications. The...more

DOJ Announces Civil Cyber-Fraud Initiative To Enforce Contractor Cybersecurity Compliance

On Wednesday, October 6, 2021, the Department of Justice (“DOJ”) announced a new Civil Cyber-Fraud Initiative to enforce cybersecurity standards and reporting requirements. The Initiative will use DOJ’s civil enforcement...more

Moving to Zero Trust – CISA and OMB Seek Comments on Zero Trust Publications and Cloud Security Technical Reference Architecture...

The Office of Management and Budget (“OMB”) released its draft Federal Zero Trust Strategy under President Biden’s Executive Order on Improving the Nation’s Cybersecurity (No. 14028) (discussed previously here and here) and...more

Watch Your Boundaries – FedRAMP Releases Draft Authorization Boundary Guidance for Public Comment

The FedRAMP Program Management Office is seeking comments on its draft FedRAMP Authorization Boundary Guidance, Version 2.0, released on July 13, 2021. The public comment period currently is open and closes on September 13,...more

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