Photo of Nkechi KanuPhoto of Brian Tully McLaughlinPhoto of Jacob HarrisonPhoto of Jennie Wang VonCannonPhoto of Stephen M. Byers

On October 22, 2024, the Department of Justice (DOJ) announced that Pennsylvania State University (Penn State) will pay $1.25 million to resolve allegations that it violated the False Claims Act (FCA) by failing to comply with contractually mandated cybersecurity requirements by the Department of Defense (DoD) and National Aeronautics and Space Administration (NASA).  The announcement marks the most recent settlement under DOJ’s Civil Cyber-Fraud Initiative although, unlike prior settlements, there is no allegation of a cybersecurity incident or breach that was related to or caused by the contractor’s alleged noncompliance.Continue Reading Allegations of a Litany of Lyin’: Penn State Settles Claims of Cybersecurity Noncompliance

Photo of Peter J. EyrePhoto of Adelicia R. CliffePhoto of Michael SamuelsPhoto of Michael G. Gruden, CIPP/GPhoto of Jacob HarrisonPhoto of Christian CurranPhoto of Sarah BurgartPhoto of Allison Skager

As Crowell covered in a recent alert, the Department of Defense (DoD) on October 11, 2024 released a final rule (the “Final Program Rule”) formalizing the requirements, assessment processes, and related governance for its Cyber Maturity Model Certification Program (CMMC).Continue Reading CMMC Final Rule Includes M&A Trigger for New Assessment

Photo of Peter J. Eyre

Cybersecurity, Health Information Technology

This week’s episode covers a False Claims Act whistleblower lawsuit involving failure to comply with federal cybersecurity requirements, a new CISA cyber incident reporting tool, and a proposed rule to implement an HHS-wide policy relating to health information technology, and is hosted by Peter Eyre. Crowell & Moring’s “Fastest 5 Minutes”

Photo of Michael G. Gruden, CIPP/GPhoto of Jacob Harrison

On August 15, 2024, the Department of Defense (“DoD”) released the long-awaited proposed rule (“August 2024 Proposed Rule”), updating Defense Federal Acquisition Regulation Supplement (“DFARS”) Clause 252.204-7021 (the “7021 Clause”), which, when final, will initiate the phased implementation of Cybersecurity Maturity Model Certification 2.0 (“CMMC”) requirements into DoD contracts. Continue Reading DFARS 7021 Clause 2.0: DoD Releases Proposed Rule Updating CMMC Clause

Photo of Nkechi KanuPhoto of Brian Tully McLaughlinPhoto of Jennie Wang VonCannon

On June 17, 2024, the Department of Justice (DOJ) announced a $11.3 million False Claims Act (FCA) settlement that touches on two key enforcement priorities:  the DOJ’s Civil Cyber-Fraud Initiative and pandemic-related fraud.  This settlement, the largest under the Civil Cyber-Fraud Initiative to date, resolved allegations that Guidehouse Inc. (Guidehouse) and its subcontractor, Nan McKay and Associates (Nan McKay), violated the FCA because they failed to conduct pre‑production cybersecurity testing on New York State’s Emergency Rental Assistance Program (ERAP) technology product before public launch, and that Guidehouse used an unapproved third-party data cloud software program to store personally identifiable information (PII).Continue Reading Another One: It Pays to Consult the DOJ under the Civil Cyber Fraud Initiative

Photo of Peter J. EyrePhoto of M.Yuan Zhou
Cyber, Semiconductors, AI, False Claims Act

This week’s episode covers cybersecurity updates, a proposed rule regarding prohibition on semiconductors produced by certain Chinese manufacturers, DOL guidance entitled “Artificial Intelligence and Equal Employment Opportunity for Federal Contractors,” and two settlements under the civil False Claims Act, and is hosted by Peter Eyre and Yuan Zhou. Crowell

Photo of Michael G. Gruden, CIPP/GPhoto of Jacob Harrison

On May 14, 2024, the National Institute of Standard and Technology (NIST) published the final versions of Special Publication (SP) 800-171 Revision 3, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations and its companion assessment guide, NIST SP 800-171A, Revision 3 (collectively, “Rev. 3 Final Version”).  While the Department of Defense (DoD) is not requiring contractors who handle Controlled Unclassified Information (CUI) to implement Rev. 3 for now, it is expected that DoD will eventually incorporate Rev. 3 into both DFARS 252.204-7012,  Safeguarding Covered Defense Information and Cyber Incident Reporting (DFARS 7012) as well as the forthcoming Cyber Maturity Model Certification (CMMC) program. Continue Reading NIST Releases Final Version of NIST SP 800-171, Revision 3

Photo of Michael G. Gruden, CIPP/GPhoto of Jacob Harrison

On March 11, 2024, the Cybersecurity and Infrastructure Security Agency (CISA) and the Office of Management and Budget (OMB) published an updated Secure Software Development Attestation Form, meaning that producers of software and providers of products containing software used by the federal government may be required to submit their attestations in the very near future. The Attestation Form, first published in April 2023, is a key cog in CISA’s implementation of software supply chain security requirements in accordance with Executive Order 14028, Improving the Nation’s Cybersecurity and OMB Memoranda M-22-18 and M-23-16.Continue Reading Software Developments: CISA Finalizes Attestation Form, Triggering Secure Software Development Implementation

Photo of Michael G. Gruden, CIPP/GPhoto of Nkechi KanuPhoto of Jacob Harrison

The Department of Defense (DoD) recently published a memorandum clarifying what it means for a cloud service provider (CSP) to be Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline “equivalent” and meet incident reporting requirements under Defense Federal Acquisition Regulation Supplement (DFARS) Clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DFARS 7012). The memorandum states, in order to be considered FedRAMP equivalent going forward, CSPs must (1) be FedRAMP Moderate/High-Authorized, or (2) secure a third-party assessment confirming their compliance with all FedRAMP Moderate baseline security controls.Continue Reading No Longer Cloudy: DoD Issues New Guidance on FedRAMP Moderate Equivalency Cloud Security Requirements

Photo of Peter J. EyrePhoto of Michael G. Gruden, CIPP/GPhoto of Nkechi Kanu

CMMC

This special edition covers DoD’s proposed rule for the Cybersecurity Maturity Model Certification Program, and is hosted by Peter Eyre, Michael Gruden, and Nkechi Kanu. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or