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Fallout from First Cybersecurity False Claims Act Case: How Federal Contractors & Grantees Should Ap Fallout from First Cybersecurity False Claims Act Case: How Federal Contractors & Grantees Should Ap

Fallout from First Cybersecurity False Claims Act Case: How Federal Contractors & Grantees Should Approach NIST/CMMC

 
Pummeled by a stream of cybersecurity compromises that have impacted many of its agencies, the federal government is ratcheting up its enforcement of federal contracting cybersecurity requirements. Agencies are issuing stricter requirements, Congress is proposing broader laws, and now the courts are weighing in on what it means to comply with cybersecurity regulations. On February 1, 2022, in the case of U.S. ex rel. Markus v. Aerojet RocketDyne Holdings Inc., et al., a California federal court took up the difficult question of how to analyze whether a defense contractor (Aerojet Rocketdyne) had adequately disclosed shortfalls in compliance with complicated “adequate security” requirements in the defense federal acquisition regulations (specifically an older version of DFARS 252.204-7012). The issue before the court involves claims of cybersecurity regulation noncompliance allegedly in violation of the False Claims Act, for which the claimant sought over $19 billion.

The Aerojet case aptly captures the challenge that defense contractors are facing in implementing federal contracting cybersecurity requirements that have been in place for years, but are now being enforced with vigor by the government. The court’s handling of these claims also offers some helpful considerations to help contractors and grantees navigate compliance, particularly as they plan longer-term for the coming CMMC 2.0 rollouts.

In this presentation, Guillermo Christensen, managing partner of Ice Miller’s Washington, D.C. office and former CIA officer, and Christian Robertson, a litigation associate and former U.S. Air Force intelligence officer, will share these considerations and other helpful insights gleaned from the fallout of the first cybersecurity False Claims Act case.  RSVP and join us to learn more about what the relevant requirements are, how to approach them, when to disclose concerns, and what to do now in preparation. 
 
Date
Wednesday, February 23, 2022
Time
12:00 PM
Location
Virtual Via WebEx

Click here to register for this event.
 
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