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The U.S. District Court for the Southern District of New York has dealt a significant blow to the cybersecurity enforcement efforts of the U.S. Securities and Exchange Commission (SEC or Commission). In its July 18, 2024,...more
The U.S. District Court for the Southern District of New York on July 18, 2024, dismissed most of the SEC's landmark cyber enforcement litigation against SolarWinds Corp. (SolarWinds or the Company) and the Company's Chief...more
On February 28, 2024, President Biden signed Executive Order 14117 (the EO), on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” The United...more
Healthcare organizations continue to be prime targets of cyberattacks. It is well-established that cyberattacks can lead to financial loss, reputational damage, and, in some cases, risks to patient care and safety. The recent...more
There has been a notable emphasis on proactive enforcement of the privacy and security of protected health information in recent weeks as evidenced by multiple developments regarding compliance with the Health Insurance...more
On November 30, 2023, the Inspector General of the Department of Defense (“DoD IG”) released a Special Report: Common Cybersecurity Weaknesses Related to the Protection of DoD Controlled Unclassified Information on Contractor...more
On December 4, the Department of Defense Office of Inspector General (DoD OIG) issued a “special” Audit Report (the Report) that provides insight into common cybersecurity weaknesses related to the protection of Controlled...more
On May 10, 2023, the National Institute of Standards and Technology (“NIST”) released an Initial Public Draft of Revision 3 to NIST Special Publication (“SP”) 800-171, Protecting Controlled Unclassified Information in...more
While the DoD charts a path forward on CMMC, the USG is emphasizing the need to comply with existing cyber obligations in government contracts and taking steps to enforce compliance with those obligations. The June 16 Memo...more
On July 6, 2022, the heads of the U.S. Federal Bureau of Investigation (FBI) and the British MI5 law enforcement agencies issued an unprecedented joint statement warning about espionage and other economic threats from China....more
January 2020 was a very important month for DOD’s Cybersecurity Maturity Model Certification (CMMC) initiative. Last week, on January 31, 2020, DOD issued CMMC “Version 1.0” to the public....more
Members of the House of Representatives Science Committee modified a bill that would have made the National Institute of Standards and Technology (“NIST”) responsible for auditing federal agencies’ cybersecurity protections....more
Federal government contractors handling Controlled Unclassified Information (CUI) should take notice of two recent executive agency actions. Combined, they lay the groundwork for a new cybersecurity clause to be added to the...more
Cybersecurity has increasingly become a critical issue for all types of businesses, few more so than broker-dealers, investment advisers and others in the financial sector. The cyber threat is much broader than customer data...more