The Rise of OTAs in Defense Contracting: Opportunities, Risks, and What Contractors Need to Know
Podcast - Navigating the Updated SF-328 Form
Podcast - A Comparative Guide to Obtaining an FCL: DCSA vs. the Intelligence Community
Diversifying Your Contract Pipeline by Maximizing Opportunities through the DOD’s Mentor Protégé Program
A Comprehensive Overview of FOCI Mitigation
Podcast - Defense Dynamics: Navigating the Post-Election Landscape for the National Security Sector, Part 2
Mitigating FOCI Under Section 847
Episode 345 -- Raytheon Pays $950 Million to Resolve Fraud, FCPA, ITAR and False Claims Act Violations
Everyone Come to Play: Exploring FOCI Mitigation Instruments
Defense Dynamics: Navigating the Post-Election Landscape for the National Security Sector
Podcast - Navigating M&A Due Diligence: Safeguarding Security Clearances
Podcast - Change Condition Packages: Tips for Cleared Contractors
Podcast - Corporate Documents in the Context of Clearances
Navigating Personnel Security Clearances (PCLs)
Cybersecurity Insights: Updates on CMMC Implementation and CUI Identification
What Is an FCL and How Do I Obtain One?
Protecting Our Nation’s Data: Cybersecurity Compliance for Government Contractors
Intellectual Property In Department of Defense Contracting
The When, Where, Why and How of CMMC with Fernando Machado
Government contractors should be on high alert following the recent announcement that Raytheon Company, its parent RTX Corporation, and Nightwing Group, LLC, have agreed to pay $8.4 million to resolve allegations of violating...more
On March 25, the U.S. Department of Justice (DOJ) announced a $4.6 million settlement with MORSECORP, Inc. (MORSE) over its alleged failures to satisfy cybersecurity requirements for federal defense contractors....more
A recent United States Department of Justice (DOJ) announcement reinforces that enforcement of cybersecurity requirements under the False Claims Act (FCA) remains an ongoing risk. According to the press release, defense...more
Although the change in administrations has heralded shifting enforcement priorities at the U.S. Department of Justice (DOJ), cybersecurity enforcement under the False Claims Act (FCA) appears to be alive and well. That is the...more
Last year we made some predictions about 2024’s cyber landscape and major issues. Several proved prescient, with incident reporting, CISO scrutiny, SEC aggression, and new regulation of various sectors taking shape as the...more
The Department of Justice (DOJ) secured another win for its Civil Cyber-Fraud Initiative last week when it resolved a False Claims Act (FCA) action[1] alleging Pennsylvania State University (Penn State) failed to comply with...more
WHAT: The U.S. Department of Defense (DOD) just published the second of two proposed rules setting forth key requirements for its long-anticipated Cybersecurity Maturity Model Certification (CMMC) 2.0 program. The earlier...more
The Department of Defense (DoD) delivered its proposed Cybersecurity Maturity Model Certification Program rule (CMMC) the day after Christmas this year, including several related guidance documents (listed here). The proposed...more
Designed for busy in-house counsel and compliance professionals, this newsletter seeks to bring you up to speed on key federal and state False Claims Act (FCA) developments, with links to primary resources. Each quarter, we...more
A seven-year long False Claims Act suit comes to an end after Aerojet Rocketdyne reaches a $9 million settlement agreement for its alleged false certification of compliance with cybersecurity requirements. In the settlement...more
On June 16, 2022, the US Department of Defense (DoD) issued a memorandum (DoD Memo) “reminding” contracting officers that noncompliance with the Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.204-7012,...more
On November 4, 2021, the Department of Defense (“DOD”) announced several changes to the Cybersecurity Maturity Model Certification (“CMMC”) program – the program that DOD intends to use to enhance the security of the defense...more
WHAT: On November 4, 2021, the U.S. Department of Defense (DOD) announced the completion of a months-long internal review and significant changes to the strategic direction of its Cybersecurity Maturity Model Certification...more
Protecting Your Company Against Revenue Clawbacks: Preference Actions (Part 3 of 3) - This is the final part of our three-part series on revenue clawbacks. The scenario: a customer or teaming partner goes bankrupt and then...more
Akin to the exasperations of the newly minted “homeschool teachers” the pandemic has created, the Biden administration’s recent Executive Order on Improving the Nation’s Cybersecurity (Order) is a mix of sound logic and utter...more
New Department of Defense (DoD) regulations related to government contractor Cybersecurity requirements become effective November 30, 2020. The progressive steps to mandatory contractor Cybersecurity Maturity Model...more
As of November 30, 2020, certain U.S. Department of Defense (“DoD”) prime contractors and subcontractors will need to complete a cybersecurity self-assessment prior to receiving new DoD contracts and prior to the exercise of...more
For over a year, we have been discussing the Department of Defense’s (DoD) eventual implementation of a Cybersecurity Maturity Model Certification (CMMC) program for Defense contractors, most recently during a webinar in...more
Attorneys Eric Crusius, Amy Fuentes, Kelsey Hayes and Vijaya Surampudi co-authored an article describing the major issues they expect government contracting professionals to face in the coming year. For example, the...more
On November 7, 2019, DOD issued “Draft Version 0.6” of its Cybersecurity Maturity Model Certification (CMMC) – a 90-page document that is available on DOD’s CMMC website. Version 0.6 is a significant step forward, but there...more
The Situation: The United States government has been ramping up its efforts to protect sensitive data and is making clear it expects its contractors to protect data they receive and create. According to a recent Inspector...more
A major shift in cybersecurity requirements for Department of Defense (DoD) contractors is about to come into effect—earlier this month the DoD released for public comment the long-anticipated Version 0.4 of the draft...more
Two recent cases now prove that to avoid liability under the False Claims Act (FCA), government contractors must build and monitor information systems to protect government information and must also implement policies and...more
A California federal court recently allowed a relator’s False Claims Act suit against two federal contractors to proceed where the relator’s allegations centered on purported noncompliance with federal cybersecurity...more
• In recently released guidance, the U.S. Department of Defense (DoD) confirms a "one size does not fit all" approach to contractor compliance with its cybersecurity clauses that cover the safeguarding of contractor networks,...more