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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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Leveraging Data and Deal Terms to Meet the Demands of the DOJ’s New M&A Safe Harbor
By Patrick T. Campbell, Jonathan B. New, James A. Sherer, and Lauren E. Sternbach
This article describes the DOJ’s new M&A safe harbor policy and also provides practical insights on how companies engaged in M&A can meet the DOJ’s expectations.
AI Is Attracting Antitrust Regulatory Scrutiny
By Gretchen L. Jankowski and Abigail L. Cessna
While some jurisdictions are enacting or proposing AI-specific regulation, many existing regulatory frameworks apply to new technologies, including antitrust. Companies may experience different potential antitrust risks depending on the type of AI technology and their use of that technology.
Are Law Firms Ready for the Corporate Transparency Act?
By Ross Aronowitz
With the beginning of a new year around the corner and the introduction of new compliance obligations under the Corporate Transparency Act (CTA), many law firms are scrambling to determine how they will assist clients who may be subject to these additional regulations.
The White House’s AI Executive Order Has Teeth, But Does It Bite?
By Cat Casey
Packing more tricks and treats than a suburban soccer mom, this sweeping order was ambitious, to say the least, artfully seeking to thread the needle and balance fear and desire when it comes to the AI renaissance sweeping the globe. And yet, hidden within the body of the order lay something that might make this sweeping and ambitious order flop.
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