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  On May 15, 2019, President Trump executed a new Executive Order (EO) likely to inject increased levels of scrutiny and uncertainty throughout the vast and interconnected web of government contract supply chains. The new EO, entitled “Securing the Information and Communications Technology and Services Supply Chain,” comes during a period of escalating trade tensions with China and following a breakdown of trade talks earlier in the week. The EO sets the stage for restricting…
Crowell & Moring has issued its fifth annual report on regulatory trends for in-house counsel. “Regulatory Forecast 2019: What Corporate Counsel Need to Know for the Coming Year” explores a diverse range of regulatory developments coming out of Washington and other leading regulatory centers of power, and it takes a deep dive into international trade—examining the challenges and opportunities that will arise in the year ahead as global businesses compete in the digital…
The Department of Defense recently released a memorandum directing the Defense Contract Management Agency (DCMA) to implement and assess company-wide cyber compliance with the DFARS Safeguarding Clause and related security standard, NIST SP 800-171.  For further analysis, visit our Government Contracts Legal Forum blog post.…
Adding to the Defense Contract Management Agency’s (DCMA) new cybersecurity responsibilities, the Department of Defense (DoD) Under Secretary of Defense for Acquisition and Sustainment (USDAS) recently issued a memorandum titled Strategically Implementing Cybersecurity Contract Clauses that increases DCMA’s role.  The memorandum tasks DCMA with implementing a process to perform company-wide assessments of contractors’ compliance with the DFARS Safeguarding Clause and the related solicitation provision, DFARS 252.204-7008 Compliance with Safeguarding Covered Defense Information, in lieu…
The Navy has recently issued a policy memorandum entitled “Implementation of Enhanced Security Controls on Select Defense Industrial Base Partner Networks” that calls for heightened cybersecurity requirements and oversight for “critical” government contractors handling their sensitive government data, broadly referred to as controlled unclassified information (“CUI”) or “covered defense information” (CDI) within the defense sector.  The memo reflects a continued focus within the Department of Defense on evaluating contractors’ compliance with the Defense Federal Acquisition…
After over a decade, the first action has been filed that may test the bounds of the Support Anti-Terrorism by Fostering Effective Technologies Act (“SAFETY Act”) of 2002. MGM Resorts International recently filed suit related to the October 2017 Mandalay Bay country music concert shooting, asking a federal court to rule that it cannot be held liable because the security technology used at the concert was certified by the Department of Homeland Security (“DHS”) under…
The National Institute of Standards and Technology (“NIST”) is hosting a cybersecurity workshop on the Defense Acquisition Regulations System (“DFARS”) Safeguarding Clause and related regulations on Thursday, October 18, 2018.  The workshop, in coordination with the Department of Defense (“DoD”) and the National Archives and Records Administration (“NARA”), will provide an overview of Controlled Unclassified Information (CUI), the DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting Clause, and NIST Special Publications 800-171 and…
The National Institute of Standards and Technology (“NIST”) is hosting a cybersecurity workshop on the Defense Federal Acquisition Regulation System (“DFARS”) Safeguarding Clause and related regulations on Thursday, October 18, 2018.  The workshop, in coordination with the Department of Defense (“DoD”) and the National Archives and Records Administration (“NARA”), will provide an overview of Controlled Unclassified Information (CUI), the DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting Clause, and NIST Special Publications 800-171…
The Colorado legislature recently passed a new data privacy law, House Bill 18-1128, which heightens requirements for corporate and public entities handling personal information of Colorado residents.  Effective September 1, 2018, the law aims to strengthen consumer data privacy by 1) shortening the time frame required to notify affected Colorado residents and the Attorney General of a data breach within 30 days of determining a data breach occurred; 2) requiring business and third party…
The National Institute of Standards and Technology (NIST) recently published a draft special publication titled Systems Security Engineering: Resiliency Considerations for the Engineering of Trustworthy Secure Systems (Volume 2), which provides guidance to professionals responsible for the activities and tasks related to the system life cycle processes in NIST’s flagship publication, NIST Special Publication 800-160 Volume 1 (Volume 1).  Volume 2 is the first in a series of systems security engineering publications supplementing Volume 1,…