New Insider Threat and Cybersecurity Requirements Pose Significant Costs for Smaller Government Contractors

New Insider Threat and Cybersecurity Requirements Pose Significant Costs for Smaller Government Contractors

In a recent article in the National Defense Magazine, Bryan Cave attorneys point out that recent changes to the National Industrial Security Program Operating Manual, or NISPOM, may make it more difficult for companies, particularly those that are unable to spread costs across multiple high-dollar contracts, to compete for government contracts requiring access to classified information. As a result, the efforts by the Department of Defense to increase competition and innovation by turning to smaller companies ultimately may be unsuccessful.
To read the full article, click here. 

We Really Mean It This Time: Recently Enacted FOIA Improvement Act of 2016 Mandates

On June 13, Congress passed the FOIA Improvement Act of 2016, and President Obama signed the bill into law on June 30, nearly 50 years after the original Freedom of Information Act (“FOIA”) was first enacted. The new law was effective as of June 30.

On July 19, the U.S. Department of Justice Office of Information Policy (“OIP”) issued its first guidelines relating to the Act, prompting agencies to begin carrying out new FOIA mandates in the way they respond to and give notice regarding FOIA requests. OIP said it will continue to issue guidance on the Act “on a rolling basis.”….


Data Breach Investigations: Ethical Considerations for In-House Counsel when Publicly Reporting a Security Incident

December 3, 2015

Data security and data privacy issues have risen with extraordinary speed to become “top ten” priorities for boards of both public and private companies alike. Yet board members and executives often find themselves ill-equipped to assess and address their quickly expanding responsibilities in these areas. Join Jason Haislmaier of Bryan Cave LLP for a discussion of the growing legal, regulatory, and shareholder requirements and expectations regarding data security and privacy confronted by board members and executives. More than just another rundown of why board members and executives should be concerned with data security and privacy issues, this presentation also provides strategies and practices for both advising and supporting board members and executives in these quickly expanding areas.

Webinar: Data Breach Investigations: Ethical Considerations for In-House Counsel

February 10, 2015

Data Breach InvestegationsData security breaches are now unavoidable. The question is whether in-house counsel are prepared to deal with a breach when it occurs. In addition to the legal and practical questions that arise from a data breach, in-house counsel must often navigate several ethical dilemmas. David Zetoony, Jena M. Valdetero and Jennifer Mammen discuss ethical issues that typically arise when investigating a security incident. These include coordinating an incident response, interactions with employees that may be responsible for causing a security incident, and managing external resources such as forensic investigators and outside counsel. The program focuses on issues of confidentiality and conflicts. Specific ethical rules, cases, opinions to be discussed include: ABA Model Rules (e.g., Confidentiality of Information (1.6), Conflict of Interest (1.7), Organization as client (1.13), Duties to prospective client (1.18), Advisor (2.1), Lawyer as witness (3.7), Truthfulness in statements to others (4.1)); Upjohn; and various state bar ethics opinions.


Jena Valdetero

David Zetoony

Jennifer Mammen