The Squeeze is the Juice – Utilization of The False Claims Act in the DEI/Government Contracting Executive Order 
Sheppard, Mullin Blog
by David T. Fischer
1w ago
On January 21, 2025, President Trump signed an Executive Order (“EO”) purporting to “End[ ] Illegal Discrimination and Restoring Merit-Based Opportunity.” This wide ranging EO contains several provisions directly affecting government contractors—one of which appears to open up government contractors to False Claims Act (“FCA”) liability relating to DEI activities. The “Ending Illegal Discrimination and ..read more
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FY2025 NDAA Increases the Threshold for DoD Task Order Protests and Asks GAO and DoD to Explore Changes to Bid Protest Process
Sheppard, Mullin Blog
by Katie Calogero
1w ago
In the Fiscal Year 2025 National Defense Authorization Act (“FY25 NDAA”), Congress included some important provisions related to the bid protest process at the U.S. Government Accountability Office (“GAO”). These provisions (1) raise the dollar threshold for task order protests of Department of Defense (“DoD”) procurements and (2) task DoD and GAO with exploring processes ..read more
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FedRAMP Releases New Draft Authorization Boundary Guidance
Sheppard, Mullin Blog
by Townsend Bourne and Daniel Alvarado
1w ago
Over the last few years, the Federal Risk and Authorization Management Program (“FedRAMP”) Program Management Office (“PMO”) has released two draft guidance documents related to defining the applicable boundary for security assessments of cloud service offerings, but final versions were never released. On January 16, 2025, FedRAMP released another draft authorization boundary guidance document (RFC-0004 ..read more
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Data, Deals, and Diplomacy, Part III: DOJ Issues National Security Final Rule with New Data Compliance Obligations for Transactions Involving Countries of Concern
Sheppard, Mullin Blog
by Townsend Bourne, Jonathan E. Meyer and Jordan Mallory
1w ago
On January 8, 2025, the Department of Justice (“DOJ”) published its final rule addressing Executive Order (E.O.) 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern.” With the final rule, the DOJ National Security Division’s Foreign Investment Review Section (“FIRS”) defines prohibited and restricted data transactions ..read more
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Looking Beyond FedRAMP – Lessons from the U.S. Treasury Cybersecurity Incident
Sheppard, Mullin Blog
by Jonathan E. Meyer, Townsend Bourne and Nikole Snyder
1w ago
In the ever-evolving world of cybersecurity, even organizations that meet stringent security standards can be victims of sophisticated cyberattacks. A notable example of this is the December 8, 2024 cybersecurity incident involving the U.S. Department of the Treasury and its third-party cloud service provider, BeyondTrust. This incident underscores some critical lessons for entities (both government ..read more
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At Long Last – The FAR CUI Rule is Here! 
Sheppard, Mullin Blog
by Townsend Bourne, Lillia Damalouji and Sidney Howe*
1w ago
The wait is finally over! After more than 14 years of anticipation, the Federal Acquisition Regulation (“FAR”) Proposed Rule on Controlled Unclassified Information (“CUI”) was released on January 15, 2025 and comes as part of the Government’s broader efforts to identify, detect, and respond to ever-evolving threats targeting Federal contractors. History and Development of the ..read more
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ALERT: Trump Administration Issues “Pause” on Federal Grant Spending Effective January 28
Sheppard, Mullin Blog
by Ariel Debin Collinsworth and Ryan Roberts
1w ago
Important Update: On January 28, 2025 the U.S. District Court for the District of Columbia granted an Administrative Stay enjoining OMB from enforcing OMB Memorandum M-25-13 until the Court can hear full arguments, scheduled for February 3. We continue to monitor developments. On January 27, 2025, the White House Office of Management and Budget (“OMB ..read more
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Tracking the New Administration’s Executive Actions Changes
Sheppard, Mullin Blog
by Jonathan E. Meyer and Sidney Howe*
2w ago
With President Donald Trump commencing his second term, significant changes are anticipated across global industries. His series of sweeping executive actions have already sparked pushback and legal challenges. To assist companies in navigating these changes, Sheppard Mullin has developed an Executive Actions Tracker. We are continuing to update the tracker as new actions are released and ..read more
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Governmental Practice Cybersecurity and Data Protection: 2024 Recap & 2025 Forecast Alert
Sheppard, Mullin Blog
by Townsend Bourne, Nikole Snyder, Daniel Alvarado, Lillia Damalouji, Jordan Mallory, Patrick Amano-Dolan* and Sidney Howe*
1M ago
To kick off the New Year (and as is now tradition, since we put out a similar Recap & Forecast last year), Sheppard Mullin’s Governmental Practice Cybersecurity & Data Protection Team has prepared a cybersecurity-focused 2024 Recap (highlighting major updates and including links to the resources we put out over the past year) and a ..read more
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DoD Issues Proposed Rule for New Disclosures on Foreign Review of Computer Code
Sheppard, Mullin Blog
by Townsend Bourne and Sidney Howe*
2M ago
On November 15, 2024, the Department of Defense (“DoD”) issued a long-awaited Proposed Rule to implement Section 1655 of the National Defense Authorization Act for Fiscal Year 2019. Section 1655 prohibits DoD from acquiring technology, cybersecurity, industry control, or weapon system products or services unless the contractor provides certain disclosures. Specifically, per newly proposed Defense ..read more
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