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Clark Hill PLC

Right To Know - July 2025, Vol. 31

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Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed. State Action: Texas Limits Punitive Damage Liability For Data Security Breach...more

Quarles & Brady LLP

DOJ Uses Successor Liability as a Civil Cybersecurity Enforcement Tool: Comprehensive Diligence Now May Save Millions Later

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The United States Department of Justice (DOJ) recently settled a qui tam suit with a defense contractor and its successor company for $8.4 million, resolving allegations that the contractor and successor company violated the...more

Quarles & Brady LLP

DOJ’s Civil Cyber Fraud Initiative Utilizes False Claims Act to Settle Allegations of Knowing Non-Compliance with NIST SP 800-171...

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The United States Department of Justice (DOJ) recently settled a qui tam suit with defense contractor Raytheon and its successor company, Nightwing Intelligence Solutions, LLC (Nightwing), totaling $8.4 million. The...more

Alston & Bird

DOJ Settles Another False Claims Act Case for Alleged Failures in Implementing NIST SP 800-171 and Basic Cybersecurity Controls

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On May 1, 2025, the U.S. Department of Justice (DOJ) announced a settlement under the False Claims Act (FCA) involving defense contractors Raytheon Company (Raytheon), RTX Corporation (RTX), and Nightwing Group—the successor...more

Dickinson Wright

Cyber Risk, Real Consequences: DOJ Steps Up Enforcement

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Government efforts to enforce cybersecurity control requirements have moved forward in the opening months of the Trump administration. Regardless of the changes coming to other areas of contracting and the Federal Acquisition...more

Holland & Knight LLP

U.S. Health Data Affected by New National Security Restrictions on International Data Transfers

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Health Insurance Portability and Accountability Act (HIPAA)-covered entities and business associates should be familiar with restrictions on the use or disclosure of protected health information (PHI) under HIPAA rules....more

Alston & Bird

DOJ Settles False Claims Act Case with MORSECORP Over Cybersecurity Program

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On March 26, 2025, the United States Department of Justice (DOJ) announced that it had reached an agreement with MORSECORP Inc. (MORSE) to settle alleged violations of the False Claims Act (FCA), specifically regarding...more

Cohen Seglias Pallas Greenhall & Furman PC

Cybersecurity Enforcement: The More Things Change, The More They Stay the Same

Despite a change in administrations, the government’s vigilance and enforcement of cybersecurity requirements have not missed a beat. On March 14, 2025, MORSECORP, Inc. of Cambridge, MA resolved allegations that it had...more

Fox Rothschild LLP

Government Contractors Beware: Failure to Comply with DOD Cybersecurity Requirements Can Trigger Civil FCA Liability

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The Department of Justice (DOJ) recently reached a $4.6 million civil False Claims Act (FCA) settlement with MORSECORP, Inc. (MORSE) arising out of allegations that the company failed to comply with Department of Defense...more

Saul Ewing LLP

Cybersecurity Failures Lead to False Claims Act Case Against Government Contractor

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In a striking move at the end of March, the U.S. Department of Justice (“DOJ”) announced a $4.6 million settlement with MORSE Corp Inc. (“MORSE”), a defense contractor based in Cambridge, Massachusetts, for falsely certifying...more

Ice Miller

As the Department of Justice Affirms and Advances Its Cyber-Fraud Initiative, Government Contractors Should Take Steps to Ensure...

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While some areas of white-collar enforcement have been deprioritized by the Trump Administration, the Department of Justice (DOJ) remains committed to its Civil Cyber-Fraud Initiative as demonstrated by two recent False...more

Skadden, Arps, Slate, Meagher & Flom LLP

Government Contractor Settles FCA Case Over Cybersecurity Maturity Model Certification Violations

On March 26, 2025, the Department of Justice (DOJ) entered into a settlement agreement with MORSECORP, Inc. (MORSE), resolving False Claims Act (FCA) allegations that MORSE submitted false claims for payment under Department...more

Foley & Lardner LLP

Latest FCA Cybersecurity Settlement Shows Enforcement Remains a Priority Under Trump Administration

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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

Mintz - Privacy & Cybersecurity Viewpoints

DOJ: ‘False Claims Act + Cybersecurity’ Is Here To Stay

Amid ongoing policy shifts in Washington, the federal government’s interest in pursuing civil cyber-fraud cases appears to be here to stay. In October 2021, the Department of Justice (DOJ) initiated its Civil Cyber-Fraud...more

Akin Gump Strauss Hauer & Feld LLP

Security Requirements and Compliance Obligations in DOJ's Final Rule on Data Transactions

The Department of Justice’s (DOJ) final rule implements President Biden’s Executive Order 14117 of February 28, 2024, on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data...more

Davis Wright Tremaine LLP

Analyzing President Biden's Ambitious Cybersecurity Executive Order

In his final days in office, President Biden signed an ambitious executive order to improve the federal government's approach to cybersecurity. Executive Order 14114 ("Executive Order"), issued January 16, 2025, titled...more

Kilpatrick

After a Short 15-Year Wait, the Government Finally Tries to Define What the Heck Controlled Unclassified Information (CUI)...

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Over the last two decades, federal contractors have been frustrated by the Government’s hodgepodge approach to regulating Controlled Unclassified Information (CUI). Various agencies have implemented differing definitions,...more

Ropes & Gray LLP

Expected Changes to IP Policy under the Second Trump Administration

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Intellectual property (“IP”) policy does not weigh heavily on most voters’ minds, and so is not often addressed in presidential campaigns. This past campaign was no different – President-elect Donald Trump did not expressly...more

Wiley Rein LLP

Federal Cybersecurity Policy in 2025: What to Watch in Changing Times

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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

Health Care Compliance Association (HCCA)

Penn State, GA Tech Cybersecurity Cases Join 10 Others FCA Attorney Has Under Seal

Note to research compliance officials still digesting news of Pennsylvania State’s recent $1.25 million settlement over False Claims Act (FCA) allegations related to cybersecurity and the government’s recent intervention in a...more

Schwabe, Williamson & Wyatt PC

DoD Contractors: It’s Go Time for CMMC

On December 16, the U.S. Department of Defense’s Cybersecurity Maturity Model Certification Program (CMMC) final rule (the “CMMC Program Rule”) will become effective, to codify the CMMC requirements and assessment processes....more

ArentFox Schiff

Recent Updates to the DOJ’s Evaluation of Corporate Compliance Programs

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This past September, the US Department of Justice (DOJ) updated its Evaluation of Corporate Compliance Programs (ECCP). The revised guidance reflects the government’s evolving expectations regarding corporate responsibility...more

Akin Gump Strauss Hauer & Feld LLP

DOJ Proposes Rules Prohibiting and Restricting Certain Data Transactions to Address National Security Concerns

The Department of Justice’s (DOJ) proposed rule implements President Biden’s Executive Order (EO) on “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of...more

WilmerHale

Final DoD Cybersecurity Maturity Model Certification Rule Will Bring Compliance Challenges, Increased False Claims Act Risk

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On October 11, 2024, the U.S. Department of Defense (DoD) at long last published a final rule establishing the Cybersecurity Maturity Model Certification (CMMC) Program (the Final Rule)...more

Benesch

DOJ Adds AI Considerations to Its Evaluation of Corporate Compliance Programs

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Last month, the U.S. Department of Justice’s (“DOJ”) Criminal Division announced its periodical update to its Evaluation of Corporate Compliance Programs (“ECCP”), zeroing in on how companies manage risk related to artificial...more

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