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Category Archives: Cybersecurity

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OOPS 2016 Starts Tomorrow!

Posted in Cost/Cost Accounting, Cybersecurity, Events, Labor & Employment
We’ve wrapped up our preview posts, which gave a sneak peek at a few of tomorrow and Thursday’s OOPS panels including cybersecurity (OOPS Preview: Regulating Information: Cybersecurity, Internet of Things, and Exploding Rules), costs & accounting OOPS Preview: Cost & Accounting: Items at the Top of the Ledger) , and labor and employment (OOPS Preview:… Continue Reading

OOPS Preview: Regulating Information: Cybersecurity, Internet of Things, and Exploding Rules

Posted in Cybersecurity, Events
Companies of all sizes are increasingly subject to the practical and legal implications of today’s cybersecurity environment, and contractors are no exception.  On May 26, 2016, at 11:00 AM Eastern, Crowell & Moring attorneys David Bodenheimer, Evan Wolff, and Kate Growley will lead a discussion highlighting some of the past year’s most significant cyber contracting… Continue Reading

The Federal and Corporate Cybersecurity Landscape

Posted in Cybersecurity
Information has become foundational in today’s federal and corporate arenas and is increasingly under threat and exploitation. Last month, attorneys from Crowell & Moring’s Privacy & Cybersecurity group lent their voices to WFED/WTOP radio to discuss how the public and private sectors are responding. Listen in here as our colleagues discuss the cyber threat landscape,… Continue Reading

Interim Rule Could Expand Already Onerous DFARS Cyber Requirements

Posted in Cybersecurity
Yesterday, the DoD published an Interim Rule that, if finalized as drafted, would expand the already onerous requirements of the DFARS Safeguarding Clause to a broader array of potentially 10,000 defense contractors.  Citing “recent high-profile breaches of federal information,” the DoD’s Interim Rule emphasizes the need for clear, effective, and consistent cybersecurity protections in its… Continue Reading

Partner David Bodenheimer Recognized as Co-Chair of ABA PCL “Committee of the Year”

Posted in Cybersecurity
Crowell & Moring is proud to announce that the ABA Public Contract Law Section has recognized Partner David Bodenheimer, along with Maureen Kelly of Northrop Grumman and Annejanette Pickens of General Dynamics, for their exceptional efforts as co-chairs of the Section’s Committee on Cybersecurity, Privacy, and Data Protection.  The Section recently presented the Committee with… Continue Reading

Cyber Executive Order Continues the Push for Public-Private Partnerships

Posted in Cybersecurity
In conjunction with his remarks at the White House Summit on Cybersecurity at Stanford University earlier this month, President Obama signed Executive Order 13691, entitled “Promoting Private Sector Cybersecurity Information Sharing.”  Published in the Federal Register last week, the Order is intended to encourage and facilitate cybersecurity information sharing within the private sector, and also… Continue Reading

The “Cyber Framework” Arrives

Posted in Cybersecurity
After a year of development, NIST has released the long-awaited Cybersecurity Framework, which promises to have significant implications for the public and private sectors alike. The final version retains much of the Framework Core set forth in its draft version and provides a blueprint to align cybersecurity efforts, along with the accompanying Roadmap document discussing… Continue Reading

SEC to Focus on Corporate Cybersecurity Risks in 2014

Posted in Cybersecurity
On January 9, the Securities & Exchange Commission (“SEC”) released its National Examination Priorities (“NEP”) for 2014 and once again identified cybersecurity as a heightened risk that the agency intends to scrutinize as part of its mission to protect investors.  The NEP identifies technology — specifically, companies’ governance and supervision of IT systems, information security, and… Continue Reading

White House Previews Potential Incentives for Voluntary Cyber Framework

Posted in Cybersecurity
The executive cyber machine continues to hum along. Last month, the White House previewed possible “cyber incentives” that could coax private industry into following the cyber “best practices” that the government will promulgate in the not-too-distant future. The target audience is critical infrastructure: private companies that provide services so vital to the nation’s day-to-day function that… Continue Reading

Cybersecurity and Data Privacy in 2013: Contracting in a Time of Increased Scrutiny

Posted in Cybersecurity
2013 has been a historic year for cybersecurity, privacy and data breach issues. From the President’s Executive Order, to the revised NIST security & privacy controls, and to the groundbreaking Mandiant report on cyber espionage, the pressure is on for companies to secure their handling of sensitive data. In order to mitigate the risk of… Continue Reading

How Quickly 120 Days Pass – Deadline for Cyber EO

Posted in Cybersecurity
On February 12, 2013, President Obama signed Executive Order 13636 for Improving Critical Infrastructure Cybersecurity (EO), along with Presidential Policy Directive-21 on Critical Infrastructure Security and Resilience (PPD-21). Now, some 120 days later, federal agencies are feeling the crunch to report back to the White House with their findings on the state of federal cybersecurity… Continue Reading

Putting the SEC Spotlight on Corporate Cyber Risks

Posted in Cybersecurity
As the latest 10-K filing period for corporations draws to a close, the Securities and Exchange Commission (SEC) is expected to intensify its scrutiny on whether companies’ filings adequately disclose both information security breaches that occurred in the past, and the material risks due to cyber threats such companies face in the future.  Since the… Continue Reading

Navigating Cyber Landmines at This Year’s Ounce of Prevention Seminar (OOPS)

Posted in Cybersecurity
The past year has showcased major developments in cybersecurity: unprecedented thefts and attacks, with losses estimated in the hundreds of billions of dollars; expanding sector-specific cybersecurity statutes and regulations; and a sweeping Executive Order on cybersecurity for critical infrastructure followed by a recent push for cyber intelligence sharing from Congress. Expect even more significant developments… Continue Reading

Cybersecurity Receives Presidential Push with New Cyber Executive Order

Posted in Cybersecurity
After years of abortive attempts by Congress to enact comprehensive cybersecurity legislation, the President took matters into his own hands on February 12, signing an Executive Order, Improving Critical Infrastructure Cybersecurity.  Identifying the cyber threat as “one of the most serious national security challenges we must confront,” this Order, along with its contemporaneous Presidential Policy… Continue Reading

Information Security, Privacy, and the Government Accountability Office: Perspectives on Risks, Requirements, and Emerging Issues in the Public Sector

Posted in Cybersecurity
Since the emergence of cybersecurity and privacy as high risk issues in the public sector, the Government Accountability Office (GAO) has been at the forefront – identifying risks, reviewing progress of federal agencies, and keeping Congress informed on the latest developments in the cyber and technology arena.  In this role, GAO has reported on the… Continue Reading

FedRAMP Issues First Provisional Certification to Cloud Contractor

Posted in Cybersecurity
Just before the closing bell for 2012, the federal government gave its first approval for government-wide security authorization to a cloud service provider.  On December 26, the General Services Administration (GSA) certified its first cloud service provider under the Federal Risk and Authorization Management Program, more commonly known as FedRAMP.  The GSA expects last month’s… Continue Reading

New Cyber Breach Amendment Raises Questions for Cleared Contractors

Posted in Cybersecurity
As a part of the Senate’s recent passage of the 2013 National Defense Authorization Act, Senator Carl Levin (D-MI) has introduced an amendment that would direct the Department of Defense to establish procedures requiring contractors with security clearances to make disclosures when their covered networks have been successfully breached. Amendment 3195 appears to be the latest… Continue Reading

CISPA Faces Uphill Battle

Posted in Cybersecurity
Proponents of the Cyber Intelligence Sharing and Protection Act (more commonly known as CISPA) won a small battle last month when the House of Representatives passed the proposed bill by a vote of 248 to 168, with 42 yays from Democrats.  Yet the war for comprehensive cybersecurity legislation is far from over, as CISPA’s next… Continue Reading

Come join Crowell & Moring on February 15, 2012, as it hosts the ABA’s “Cyber on the Hill” with Congressman Jim Langevin

Posted in Cybersecurity
Congressman Langevin (RI-D) serves as one of the leading experts and thought-leaders on Capitol Hill on cybersecurity developments and initiatives. He is the Co-Founder and Co-Chair of the bipartisan House Cybersecurity Caucus and previously co-chaired the Center for Strategic and International Studies Commission on Cyber Security for the 44th Presidency, whose recommendations he is currently implementing. Congressman… Continue Reading

With Fears of Cyber-War Leading to a Real War in the News, Now is the Time to Explore Unsettled Legal and Policy Issues Regarding Cyber Warfare

Posted in Cybersecurity
Earlier this week the Pentagon issued a statement that cyber-attacks by a foreign nation could be considered an act of war that could elicit a traditional military response. Specifically, Pentagon spokesperson Col. Dave Lapan said that “a response to a cyber-incident or attack on the US would not necessarily be a cyber-response. All appropriate options would be… Continue Reading

DHS Deputy Associate General Counsel to Speak at ABA Teleconference on Cybersecurity

Posted in Cybersecurity
When the Government was facing a shutdown earlier this year, there was much speculation about the impact to cybersecurity. Certainly, cyberterrorists and other attackers would not stop or delay their attacks just because our Government had shutdown and there was concern that some of the Government’s cybersecurity functions would be shutdown, leaving the United States vulnerable. Luckily,… Continue Reading