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This past October, Deputy Attorney General Lisa Monaco announced the launch of the Department of Justice’s (DOJ) Civil Cyber-Fraud Initiative targeting entities and individuals that fail to follow government cybersecurity standards. Under the initiative, to be led by the Fraud Section of the Civil Division’s Commercial Litigation Branch, the DOJ announced that it would utilize its powerful enforcement tool — the False Claims Act (FCA) — to pursue cybersecurity-related fraud by government contractors and grant recipients. Shortly after the announcement, in remarks at the Cybersecurity and Infrastructure Security Agency (CISA) 4th Annual National Cybersecurity Summit on Oct. 13, 2021, DOJ Civil Division acting Assistant Attorney General Brian Boynton described three “prime candidates” for potential FCA enforcement under the initiative: 1) providing products or services that fail to comply with cybersecurity standards; 2) misrepresenting security controls and practices; and 3) failing to timely report suspected cybersecurity breaches.
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Repairing the Foreign Agents Registration Act
By Harry Sandick and George Carotenuto
In recent years, mostly due to the well-publicized prosecution of Trump campaign manager Paul Manafort, FARA has become more of a focus for federal prosecutors. As a result, white-collar attorneys have been consulted more often about whether particular conduct requires registration under the Act.
SCOTUS Hears Arguments In Doctors’ Good Faith Defense to Prescribing Controlled Substances
By By Robert J. Anello and Richard F. Albert
When is a doctor a doctor and when is a doctor a drug dealer? In early March, the U.S. Supreme Court heard oral argument in two consolidated cases — Ruan v. United States and Kahn v. United States — to address where that line is drawn.
Strategies for Advising Foreign Clients As DOJ Pursues Extraterritorial Criminal Cases
By Emil Bove
This article addresses some issues to consider, including foreign arrest procedures, contesting extradition, and engaging with prosecutors before a defendant arrives in the United States.
Crypto Executive Order ‘Both a Landmark and a Question Mark’
By Andrew Goudsward
The Biden administration released its long awaited executive order on cryptocurrency, directing a range of federal agencies to study and assess a litany of issues related to digital assets, including cybersecurity, money laundering and climate impact.
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