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National Institute of Standards and Technology False Claims Act (FCA) DFARS

Epstein Becker & Green

United States’ Complaint-in-Intervention Highlights Continuing Effort to Use the False Claims Act to Pursue Alleged Cybersecurity...

Epstein Becker & Green on

In August, the United States filed a Complaint-in-Intervention in a False Claims Act (FCA) whistleblower suit alleging that the Georgia Institute of Technology (“Georgia Tech”) and an affiliate, Georgia Tech Research Corp....more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Government Intervenes in Georgia Tech Cybersecurity False Claims Case

The Georgia Tech case serves as yet another reminder of the importance of contractor compliance with cybersecurity requirements in federal contracts. The Government alleges that Georgia Tech failed to comply with the...more

Alston & Bird

Department of Justice Intervenes in Cybersecurity Qui Tam Action Against Georgia Tech

Alston & Bird on

On Thursday, August 22, 2024, the United States Department of Justice (“DOJ”) filed a Complaint-In-Intervention in the case of United States of America ex rel. Christopher Craig and Kyle Koza, v. Georgia Tech Research Corp....more

Holland & Knight LLP

DOJ Brings Suit Against University Under Its Civil Cyber-Fraud Initiative

Holland & Knight LLP on

Late last week, the U.S. Department of Justice (DOJ) filed its complaint-in-intervention in a qui tam lawsuit against the Georgia Institute of Technology (Georgia Tech), alleging that the university failed to meet certain...more

Hogan Lovells

Recent developments in FCA enforcement under the DOJ’s Civil Cyber-Fraud Initiative

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Over the last six months, the U.S. Department of Justice (DOJ) has remained vigilant in pursuing cybersecurity-related fraud under its Civil Cyber-Fraud Initiative first announced in October 2021. As we have previously...more

Blank Rome LLP

Time for Compliance with DOD’s Cybersecurity Regulations is NOW

Blank Rome LLP on

On February 19, 2024, the Department of Justice (“DOJ”) notified the U.S. District Court for the Northern District of Georgia that it would intervene in a False Claims Act (“FCA”) case filed against Georgia Tech Research...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

Jones Day

The Department of Defense Proposes the Much-Anticipated CMMC 2.0

Jones Day on

On December 26, 2023, the Department of Defense ("DoD") published a proposed rule to implement the Cybersecurity Maturity Model Certification ("CMMC") 2.0, which will establish comprehensive cybersecurity requirements for...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

Holland & Knight LLP

Department of Defense Releases Long-Awaited CMMC Proposed Rule

Holland & Knight LLP on

Two years after announcing the second iteration of the U.S. Department of Defense's (DoD) Cybersecurity Maturity Model Certification (CMMC) program, the DoD released its proposed rule that, if adopted, will implement the...more

Akin Gump Strauss Hauer & Feld LLP

Defense Department Audit Report Provides Contractors with a Roadmap to Assess and Mitigate Cybersecurity False Claims Act Risk

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

Morrison & Foerster LLP

True Facts About False Claims: MoFo's FCA Newsletter - October 2023

Morrison & Foerster LLP on

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

Orrick, Herrington & Sutcliffe LLP

Penn State Cybersecurity False Claims Act Case: U.S. Government Signals Active Investigation

The federal government has declined to intervene – for now – in a recently unsealed case against Penn State that demonstrates the growing use of the False Claims Act in cybersecurity enforcement. The court gave the government...more

Orrick, Herrington & Sutcliffe LLP

The False Claims Act in Cybersecurity Enforcement: Unsealed Complaint Signals Growing Use

A recently unsealed False Claims Act qui tam complaint against Penn State is the latest in line with DOJ’s Civil Cyber-Fraud Initiative. The case is United States ex rel. Matthew Decker v. Pennsylvania State University,...more

Venable LLP

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

Venable LLP on

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

Holland & Knight LLP

U.S. Department of Defense Tightens Screws on Cybersecurity Compliance

Holland & Knight LLP on

The U.S. Department of Defense (DoD) recently released a memorandum signaling its increasing willingness to review contractor compliance with cybersecurity standards in its contracts and take action against noncompliant...more

Pillsbury Winthrop Shaw Pittman LLP

Contractor Settles Cybersecurity-Related False Claims Act Suit for $9 million

A seven-year long False Claims Act suit comes to an end after Aerojet Rocketdyne reaches a $9 million settlement agreement for its alleged false certification of compliance with cybersecurity requirements. In the settlement...more

Arnall Golden Gregory LLP

Looking Back to See What the Future Holds for Cybersecurity Enforcement

The year 2021 will likely be seen as a defining moment in the history of cybersecurity enforcement. For the healthcare industry and government contractors, in particular, the government’s expanding focus on cybersecurity...more

Polsinelli

Counting Down to 2020 and the Department of Defense’s Cybersecurity Maturity Model Certification Program

Polsinelli on

2019 has been a year of pivotal developments for defense contractors in the realm of cybersecurity compliance. The Department of Defense (DoD) issued six guidance memoranda to assist its acquisition personnel in developing...more

Jones Day

The Stakes for Complying With DoD Cybersecurity Requirements Are Higher Than Ever

Jones Day on

The Situation: The United States government has been ramping up its efforts to protect sensitive data and is making clear it expects its contractors to protect data they receive and create. According to a recent Inspector...more

Hogan Lovells

ADG Insights | NIST set to "enhance" contractor cybersecurity duties

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Through ADG Insights, we share with you the top legal and political issues affecting the aerospace, defense, and government services (ADG) industry. Our ADG industry team monitors the latest developments to help our clients...more

Baker Donelson

Failure to Comply with the Cybersecurity Requirements of Your Government Contracts Can Lead to False Claims Act Liability

Baker Donelson on

Two recent cases now prove that to avoid liability under the False Claims Act (FCA), government contractors must build and monitor information systems to protect government information and must also implement policies and...more

PilieroMazza PLLC

Cybersecurity, Implied Certifications, and the False Claims Act

PilieroMazza PLLC on

As I am sure many of you know and have read about already, the first False Claims Act (“FCA”) case, US. Ex rel. Markus v. AeroJet Rocketdyne Holdings, Inc., et. al., No. 2:15-cv-2245, has been filed in the Eastern District of...more

Miles & Stockbridge P.C.

California District Court Issues First False Claims Act Decision Involving the DFARS Cybersecurity Rule

As predicted, a recent decision from the Federal District Court for the Eastern District of California is the first sign of a new, and potentially enormous wave, of Civil False Claims Act, 31 U.S.C. §§ 3729-33 (“FCA”) actions...more

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