Current political priorities in Congress will continue to push many industries under the microscope of Congressional investigations, including universities, tech companies, entities that receive federal funds, and energy-sector companies. When the chambers of Congress and the executive branch are controlled by the same party, Congressional oversight of the executive branch is less intense and instead public and private sector, state, and local entities are more likely to find themselves in the crosshairs. If a chamber of Congress changes hands in the midterm elections, the focus of the oversight may shift to reflect the policy priorities of the moment and include more executive branch oversight, but even the executive branch is often contending with requests for information that may implicate their dealings with third parties; for example, there is a risk that agency oversight triggers requests for privileged material belonging to a government contractor or grantee. The topics and industries of highest interest may play musical chairs, but entities across sectors would do well to incorporate a few best practices that will mitigate their risk should they end up in the hot seat, either directly or through a government partner.Continue Reading Protecting Information in Congressional Investigations: The Attorney-Client Privilege and Work-Product Privilege
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Changes, Changes, and More Changes in 2017
We have already seen many changes from the new administration and it seems more and more are happening every day. What more can you expect and how will this effect government contractors? The team of Crowell & Moring lawyers from our Government Contracts, Labor & Employment, White Collar, Corporate and Privacy & Cybersecurity practice groups…
Information Security, Privacy, and the Government Accountability Office: Perspectives on Risks, Requirements, and Emerging Issues in the Public Sector
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 …
CISPA Faces Uphill Battle
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…