Continue Reading November 2021 Developments Under President Biden’s Cybersecurity Executive Order
Susan B. Cassidy
Susan Cassidy co-chairs Covington’s Aerospace and Defense Industry Group, and has been advising government contractors for more than 35 years on the requirements imposed on companies contracting with the U.S. Government.
Susan’s practice focuses on the intersection of cybersecurity, national security, and supply chain risk management for companies that sell products and services to the U.S. Government. Susan advises contractors at all phases of the procurement cycle, and regularly:
advises clients on compliance obligations imposed by the FAR, DFARS, and other agency regulatory requirements;
leads internal and government False Claims Act (FCA) investigations addressing allegations of violations of government cybersecurity, national security, supply chain, quality, and MIL-SPEC requirements; and
advises clients who have suffered a cyber breach where U.S. government information may have been impacted.
In her work with global, national, and start-up contractors, Susan advises companies on all aspects of government supply chain issues including:
Government cybersecurity requirements, including the Cybersecurity Maturity Model Certification (CMMC), DFARS 252.204-7012, FedRAMP, controlled unclassified information (CUI), and NIST SP 800-171 requirements;
Evolving sourcing issues such as Section 889, counterfeit part requirements, Section 5949 semiconductor product and service restrictions, and limitations on sourcing a variety of products from China; and
Federal Acquisition Security Council (FASC) regulations and product exclusions.
Susan previously served as senior in-house counsel for two major defense contractors (Northrop Grumman Corporation and Motorola Incorporated) and is Chambers rated in both Government Contracts and Government Contracts Cybersecurity. Chambers USA has quoted sources stating that “Susan's in-house experience coupled with her deep understanding of the regulatory requirements is the perfect balance to navigate legal and commercial matters.”
Susan is a former Public Contract Law Procurement Division Co-Chair, former Co-Chair and current Vice-Chair of the ABA PCL Cybersecurity, Privacy and Emerging Technology Committee.
Susan’s pro-bono work extends to assisting veterans in a variety of matters, as well as providing advice to elderly clients on their wills and other end-of-life planning documents.
DoD Outlines Significant Changes to CMMC with Version 2.0
On November 5, 2021, an Editorial Note was added to the Federal Register stating “An agency letter requesting withdrawal of this document was received after placement on public inspection. The document will remain on public inspection through close of business
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Continue Reading DoD Outlines Significant Changes to CMMC with Version 2.0
DOJ Announces New Civil Cyber-Fraud Initiative
In a December 2020 speech, Deputy Assistant Attorney General Michael Granston warned that cybersecurity fraud could see enhanced enforcement under the False Claims Act (“FCA”). On October 6, 2021, Deputy Attorney General Lisa Monaco announced that the Department of Justice (“DOJ”) would be following through on that warning with the…
Continue Reading DOJ Announces New Civil Cyber-Fraud Initiative
September 2021 Developments Under President Biden’s Cybersecurity Executive Order
This is the fifth in a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity”, issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the second, third, and fourth blogs described…
Continue Reading September 2021 Developments Under President Biden’s Cybersecurity Executive Order
August 2021 Developments Under President Biden’s Cybersecurity Executive Order
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Continue Reading August 2021 Developments Under President Biden’s Cybersecurity Executive Order
President Biden Signs Executive Order Aimed at Improving Government Cybersecurity
- seeks to remove obstacles to sharing threat information between the private sector and federal agencies;
- mandates that software purchased by the federal government meet new cybersecurity standards;
- discusses securing cloud-based systems, including information technology (IT) systems that process data, and operational technology (OT) systems that run vital machinery and infrastructure;
- seeks to impose new cyber incident[1] reporting requirements on certain IT and OT providers and software product and service vendors and establishes a Cyber Safety Review Board to review and assess such cyber incidents and other cyber incidents; and
- addresses the creation of pilot programs related to consumer labeling in connection with the cybersecurity capabilities of Internet of Things (IoT) devices.
The Order contains eight substantive sections, which are listed here, and discussed in more detail below:
- Section 2 – Removing Barriers to Sharing Threat Information
- Section 3 – Modernizing Federal Government Cybersecurity
- Section 4 – Enhancing Software Supply Chain Security
- Section 5 – Establishing a Cyber Safety Review Board
- Section 6 – Standardizing the Federal Government’s Playbook for Responding to Cybersecurity Vulnerabilities and Incidents
- Section 7 – Improving Detection of Cybersecurity Vulnerabilities and Incidents on Federal Government Networks
- Section 8 – Improving the Federal Government’s Investigative and Remediation Capabilities
- Section 9 – National Security Systems
The summaries below discuss highlights from these sections, and the full text of the Order can be found here.
Continue Reading President Biden Signs Executive Order Aimed at Improving Government Cybersecurity
President Biden Directs Broad Review of America’s Supply Chains
On February 24, 2021, President Biden signed an Executive Order entitled “Executive Order on America’s Supply Chains” (the “Order”). Among other things, the Order is an initial step toward accomplishing the Biden Administration’s goal of building more resilient American supply chains that avoid shortages of critical products, facilitate investments to…
Continue Reading President Biden Directs Broad Review of America’s Supply Chains
Cybersecurity and Government Contracting: False Claims Act Considerations
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Continue Reading Cybersecurity and Government Contracting: False Claims Act Considerations
How is DoD Planning to Use the Supplier Performance Risk System (SPRS)?
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Continue Reading How is DoD Planning to Use the Supplier Performance Risk System (SPRS)?