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Cyber Incident Reporting for Critical Infrastructure Act Signed Into US Law as Part of Omnibus Appropriations Legislation

By Rajesh De, David A. Simon, Marcus A. Christian, Stephen Lilley, Joshua M. Silverstein, Seve Gonzales & Dominique Shelton Leipzig on March 16, 2022
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On March 15, 2022, President Biden signed into law the Consolidated Appropriations Act, 2022, H.R. 2471. Division Y of this omnibus appropriations legislation—the Cyber Incident Reporting for Critical Infrastructure Act of 2022—will create significant new rules requiring US critical infrastructure entities to report cybersecurity incidents and ransom payments to the US government. This legislation marks a significant expansion of legal requirements to report cybersecurity incidents and ransom payments.

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Photo of Rajesh De Rajesh De

Raj De serves on Mayer Brown’s global Management Committee. He was previously the Managing Partner of Mayer Brown’s Washington DC office, which is comprised of more than two hundred lawyers. He leads the firm’s global Cybersecurity & Data Privacy practice, as well as…

Raj De serves on Mayer Brown’s global Management Committee. He was previously the Managing Partner of Mayer Brown’s Washington DC office, which is comprised of more than two hundred lawyers. He leads the firm’s global Cybersecurity & Data Privacy practice, as well as the firm’s National Security practice, and serves as a member of the firm’s Congressional Investigations & Crisis Management team. After nearly two decades in private practice and public service across all three branches of the United States government, Raj is one of the most trusted voices in Washington. He has held senior appointments in the White House, the Department of Justice (DOJ) and the Department of Defense (DOD). Raj returned to Mayer Brown in 2015 after serving as General Counsel at the United States National Security Agency (NSA). Since returning to the firm, Raj has received numerous recognitions, including by American Lawyer (“Lateral All-Star”), Washingtonian magazine (“Top Lawyer”), The National Law Journal (“Cybersecurity and Data Privacy Trailblazer”), and Cybersecurity Docket (“Incident Response 30”).

Raj focuses his practice on cutting-edge legal and policy issues at the nexus of technology, national security, law enforcement and privacy. He advises clients, including management teams and boards of directors, in connection with crisis management, government and internal investigations, high-stakes litigation, regulatory enforcement matters, and congressional inquiries. Raj provides clients with strategic counseling and practical legal advice, drawing upon a wealth of experience in government service and private practice.

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Photo of David A. Simon David A. Simon

David Simon is a partner in Mayer Brown’s Washington DC office and a leading member of the global Cybersecurity & Data Privacy practice. He is also a member of the firm’s National Security and Government Contracts practices. A former special counsel at the…

David Simon is a partner in Mayer Brown’s Washington DC office and a leading member of the global Cybersecurity & Data Privacy practice. He is also a member of the firm’s National Security and Government Contracts practices. A former special counsel at the US Department of Defense (DoD) and chief cyber counsel to the US Cyberspace Solarium Commission, David has deep experience advising victims of ransomware attacks and state-sponsored cyber activity. Named as a Cybersecurity Trailblazer by The National Law Journal, David has also been named to Cybersecurity Docket’s “Incident Response 40,” a collection of 40 of the “best and brightest” incident response attorneys in the country. David regularly supports clients as the lead investigator and crisis manager for cross-border cyber incidents, including data breaches involving personal data, nation-state threats targeting intellectual property, state-sponsored theft of sensitive U.S. government information, and destructive attacks. David has directed and advised on dozens of complex cyber incident and data breach investigations in the last few years alone. He has counseled companies on major cyber incidents and incident preparedness across virtually every sector of the economy. David represents financial institutions, automotive manufacturers and self-driving car companies, tech companies, telecommunications companies, healthcare companies, insurance companies, defense and aerospace companies, private equity firms and their portfolio companies.

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Photo of Marcus A. Christian Marcus A. Christian

Marcus Christian is a co-leader of the Washington DC Litigation & Dispute Resolution practice and a partner in Mayer Brown’s Cybersecurity & Data Privacy practice and White Collar Defense & Compliance group. Since joining Mayer Brown in 2013, Marcus has represented clients in…

Marcus Christian is a co-leader of the Washington DC Litigation & Dispute Resolution practice and a partner in Mayer Brown’s Cybersecurity & Data Privacy practice and White Collar Defense & Compliance group. Since joining Mayer Brown in 2013, Marcus has represented clients in matters involving data security planning, board governance of cybersecurity, cyber fraud, data breach response, and congressional investigations, among others.

Marcus is a recognized leader in cybersecurity. He has been named to Cybersecurity Docket’s “Incident Response 30,” recognizing 30 of the “best and brightest data breach response lawyers in the business” three times. The publication also noted that those recognized “have established themselves as the ‘first call’ for companies hit with a cyber attack or other data security incident.” Marcus was also named to the Washingtonian’s Top Lawyer list in 2018 and 2019.

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Photo of Stephen Lilley Stephen Lilley

Stephen Lilley is a partner in the Washington DC office of Mayer Brown. He focuses his practice on helping clients navigate cutting-edge and interrelated litigation, regulatory, and policy challenges. A member of the firm’s Litigation and Cybersecurity & Data Privacy practices, Stephen develops…

Stephen Lilley is a partner in the Washington DC office of Mayer Brown. He focuses his practice on helping clients navigate cutting-edge and interrelated litigation, regulatory, and policy challenges. A member of the firm’s Litigation and Cybersecurity & Data Privacy practices, Stephen develops strategies to manage legal risks and to shape regulatory policy across a broad range of substantive areas.

Stephen has significant experience working with clients to identify, evaluate, and manage cybersecurity and data privacy risks; responding to cyber incidents and vulnerability disclosures; and defending businesses in related litigation. Stephen is regularly called upon to advise senior executives and board members on their most challenging cybersecurity risks, to help companies develop governance programs to mitigate those risks, and to lead training exercises to implement and refine those programs. Stephen has particular experience advising on cybersecurity and national security issues relating to the Internet of Things, including vehicles and medical devices, and to manufacturing, critical infrastructure, and other industrial systems. Widely recognized for his cybersecurity law and policy experience, Stephen previously served as Chief Counsel to the Senate Judiciary Committee’s Subcommittee on Crime and Terrorism, where he focused on cybersecurity issues.

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Photo of Dominique Shelton Leipzig Dominique Shelton Leipzig

Dominique Shelton Leipzig is a partner in Mayer Brown’s Los Angeles office and a member of the Cybersecurity & Data Privacy practice. She serves as the lead for the Global Data Innovation as well as Ad Tech Privacy & Data Management practices. She…

Dominique Shelton Leipzig is a partner in Mayer Brown’s Los Angeles office and a member of the Cybersecurity & Data Privacy practice. She serves as the lead for the Global Data Innovation as well as Ad Tech Privacy & Data Management practices. She is one of the country’s top privacy and data lawyers and her considerable experience helps clients navigate the evolving legal compliance issues related to privacy and data security for their digital data initiatives.

With more than 30 years of experience, Dominique provides strategic privacy and cyber-preparedness compliance advice, and defends, counsels and represents companies on privacy, global data security compliance, data breaches and investigations. Her experience includes defending companies under investigation by the Federal Trade Commission, attorneys general offices and other regulatory and government authorities. She advises companies on best practices in privacy, cybersecurity, data, mobile, cloud storage, Ad Tech privacy, Internet of Things and other areas of regulatory compliance.

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  • Posted in:
    Privacy & Data Security
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown
  • Article: View Original Source
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