In July 2022, two relators sued the Georgia Tech Research Corporation (GTRC) and the Georgia Institute of Technology (GA Tech) under the FCA. The allegations include violations of the FCA and employment law, based on the “increasing retaliation” experienced by the relators after they escalated their concerns.
Department of Justice
Data Security Policy: Comparing Leading Legislative and Regulatory Proposals
On February 28 President Biden issued an Executive Order “to protect Americans’ sensitive personal data from exploitation by countries of concern.” (EO 14117, “Preventing Access to Americans’ Bulk Sensitive Personal Data by Countries of Concern.”)
On March 5 the National Security Division of the Department of Justice (DOJ) published an advanced notice of proposed rulemaking…
DOJ Issues New Guidelines on National Security Exception for SEC Required Disclosure of Material Cybersecurity Incidents
As detailed in our July 2023 GT Alert, the Securities and Exchange Commission (SEC) now requires public companies to file a Form 8-K and disclose a material cybersecurity incident within four days of determining the incident’s materiality. Form 8-K Item 1.05(c) includes an exception to the four-day requirement: where disclosure poses a substantial risk…
DOJ Limits Application of Computer Fraud and Abuse Act, Providing Clarity for Ethical Hackers and Employees Paying Bills at Work Alike
On May 19, 2022, the Department of Justice announced it would not charge good-faith hackers who expose weaknesses in computer systems with violating the Computer Fraud and Abuse Act (CFAA or Act), 18 U.S.C. § 1030. Congress enacted the CFAA in 1986 to promote computer privacy and cybersecurity and amended the Act several times, most…
DOJ’s Cyber-Fraud Initiative: Increased False Claims Act Scrutiny of Contractor Cybersecurity Compliance
Accuracy in contractor proposal representations and cybersecurity compliance remains pressing, as demonstrated by an April 2021 settlement under the False Claims Act (FCA). In a previous alert, we noted that contractor representations of cybersecurity compliance/capabilities represent a fertile ground for bid protests. In this GT Alert, we highlight how the Department of Justice (DOJ)…