WHAT: As we previously reported here, on October 3, 2023, the Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021...more
10/12/2023
/ Cloud Computing ,
Controlled Unclassified Information (CUI) ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
DFARS ,
Executive Orders ,
FBI ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
Internet of Things ,
Software ,
Subcontractors
WHAT: The Federal Acquisition Regulatory Council (FAR Council) proposed a pair of major cybersecurity rules intended to implement key parts of President Biden’s May 2021 Executive Order No. 14028 on Improving the Nation’s...more
WHAT: The odds of a federal government shutdown occurring increased significantly last week. Congressional gridlock is preventing even a continuing resolution to advance that would allow negotiations on a broader funding bill...more
WHAT: After previewing earlier this year that it was reconsidering its existing precedent, the Federal Circuit held yesterday that the requirement that contractors state a “sum certain” in claims brought under the Contract...more
On August 10, 2023, the U.S. Department of Defense (DOD) announced the creation of Task Force Lima, which will focus on generative artificial intelligence (AI) responsibility and strategy issues. The task force announcement...more
Cybersecurity continues to be top of mind for federal and state policymakers. This advisory identifies and analyzes some major recent developments that present opportunities and challenges in the coming months for a broad...more
8/4/2023
/ Biden Administration ,
Cyber Incident Reporting ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Data Breach ,
Department of Defense (DOD) ,
Disclosure Requirements ,
FCC ,
Federal Agency Taskforce ,
Oil & Gas ,
OIRA ,
Pipelines ,
Risk Management ,
Securities and Exchange Commission (SEC) ,
TSA
[*Editor’s note: Humans wrote this article without using ChatGPT. Recent news events, of which we hope all attorneys are aware, suggested this was the better course.]
Artificial Intelligence (AI) seems to be infiltrating...more
Artificial intelligence (AI) and copyright law appear to be on a collision course, with court cases and both executive and legislative activity poised to shape how copyright law will apply to AI development and uses. Recent...more
7/13/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
DMCA ,
Fair Use ,
Federal Acquisition Regulations (FAR) ,
General Services Administration (GSA) ,
Information Technology ,
Intellectual Property Protection ,
Machine Learning ,
Web Scraping
Congress is increasingly focused on potential new approaches to the responsible development and use of artificial intelligence (AI), with some members calling for enhanced oversight of AI systems. Most recently, on June 21,...more
6/29/2023
/ Artificial Intelligence ,
Emerging Technologies ,
Human Rights ,
Information Governance ,
Innovative Technology ,
Machine Learning ,
NIST ,
OMB ,
OSTP ,
Regulatory Oversight ,
Risk Management
As Artificial Intelligence (AI) grows in popularity, discussion of its potential uses and risks is everywhere. The Department of Defense (DoD) is no exception and has been considering how AI development can be helpful or...more
6/14/2023
/ Algorithms ,
Artificial Intelligence ,
Cybersecurity ,
Defense Sector ,
Department of Defense (DOD) ,
Digital Platforms ,
GAO ,
National Intelligence Agencies ,
Popular ,
Risk Assessment ,
Supply Chain ,
Surveillance ,
Technology Sector ,
Telecommunications
It is hardly news that artificial intelligence (AI) has captured attention across the federal government. Wiley’s multidisciplinary AI team has been involved in efforts at the National Institute for Standards and Technology...more
6/1/2023
/ Algorithms ,
Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Bias ,
Corporate Counsel ,
Department of Defense (DOD) ,
Discrimination ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
General Services Administration (GSA) ,
National Security ,
NIST ,
OSTP ,
Request For Information ,
Risk Management
WHAT: On May 5, 2023, the United States Court of Appeals for the Federal Circuit questioned its previous understanding that the requirement to state a “sum certain” as part of any monetary claim under the Contract Disputes...more
Since the Russian invasion of Ukraine in February 2022, the U.S. government has made it increasingly clear that enforcement of export control and economic sanctions laws is a top priority. From launching task forces to target...more
5/4/2023
/ BSA/AML ,
Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Entity List ,
Export Administration Regulations (EAR) ,
Export Controls ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Self-Disclosure Requirements ,
Ukraine ,
Whistleblowers
WHAT: On April 25, 2023, the United States Court of Appeals for the Federal Circuit issued a decision in Lockheed Martin Aeronautics Co. v. Secretary of the Air Force, No. 2022-1035, holding that the Contracting Officer’s...more
At the start of 2023, we made a number of corporate criminal enforcement predictions. With 2023 launched, we are circling back to highlight initiatives that government contractors may wish to consider undertaking as...more
3/1/2023
/ Bring Your Own Device (BYOD) ,
Clawbacks ,
Compliance ,
Corporate Governance ,
Corporate Misconduct ,
Department of Justice (DOJ) ,
Enforcement Actions ,
FCPA Corporate Enforcement Policy (CEP) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OIG ,
Self-Disclosure Requirements
WHAT: The Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule requiring certain contractors to make representations regarding greenhouse gas (GHG) emissions and climate-related financial risk,...more
Activity in the government contracts industry has been heating up over the last year as the United States tackles the pressing issues of our rapidly changing world. In this episode, Wiley partners Kara Sacilotto, Tracye...more
WHAT: The U.S. Department of Defense (DoD) issued a final rule implementing the requirement for enhanced debriefings established in Section 818 of the National Defense Authorization Act (NDAA) for Fiscal Year 2018 and since...more
On today’s episode of the Women in Government Contracting podcast, Wiley partners Tracye Howard and Kara Sacilotto are joined by Edda Emmanuelli Perez, General Counsel of the U.S. Government Accountability Office (GAO). Edda,...more
WHAT: In a decision released on February 4, 2022, the Court of Federal Claims (COFC) declined to follow the Government Accountability Office’s (GAO’s) rule that offerors are obligated to inform agencies when proposed key...more
On December 15, 2021, Congress passed the National Defense Authorization Act (NDAA or Act) for Fiscal Year (FY) 2022, which President Biden is expected to sign into law soon. As usual, the NDAA contains numerous provisions...more
12/22/2021
/ Biotechnology ,
China ,
Contract Termination ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Dual Use Goods ,
Federal Contractors ,
Forced Labor ,
Made in the USA ,
NDAA ,
Popular ,
Procurement Guidelines ,
Risk Assessment ,
Risk Management ,
Small Business ,
Supply Chain
WHAT: On December 7, 2021, the United States Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision in Harmonia Holdings Grp., LLC v. United States, No. 2020-1538, preserving the waiver rule established...more
On the Inaugural episode of the Women in Government Contracting podcast, Wiley’s Tracye Howard and Kara Sacilotto are joined by Emma Sharma, Founder and Principal of the Swallowtail Group. The trio discusses how to leverage...more
It is hard to believe 2021 is in the back stretch. At the beginning of the year, we made predictions of what might come from the change in Administration in 2021. In this article, we take a look at what has happened in 2021...more
WHAT: On October 21, 2021, the Safer Federal Workforce Task Force posted new Q-and-A guidance relevant to contractors covered by Executive Order (EO) 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors....more