Recorded Webinar | September 19, 2013

Cybersecurity and Data Privacy in 2013: Contracting in a Time of Increased Scrutiny

2013 has been a historic year for cybersecurity, privacy and data breach issues. From the NSA leaks, to the US-China Cybersecurity Working Group, and to countless Fortune 100 companies falling victim to hacking attacks, the pressure is on for companies to secure their handling of sensitive data.

Both the public and private sectors have issued a host of reports detailing unparalleled cyber espionage and theft of U.S. secrets, security breaches of both federal agencies and government contractors, and concerns at the highest levels within Government and private companies about the growing vulnerability of American information systems. The President has issued an executive order on cybersecurity for critical infrastructure, Congress has proposed multiple bills to address security and data privacy, agencies have toughened their procurement rules to incorporate new security and privacy standards, and solicitations have increasingly imposed more robust security requirements. Meanwhile, data breaches of unprecedented scope have been revealed almost weekly.

This 90-minute webinar will provide federal agencies and government contractors with an overview of the current cybersecurity and data privacy environment, including an analysis of the current threat and recent developments in legislation and regulation. The webinar will also provide a more in-depth analysis of selected issues, to include Active Defense, HIPAA requirements for government contractors, state-specific privacy requirements, SEC disclosure duties for data breaches, cyber risk insurance, Bring Your Own Device (BYOD) policies, and cloud computing for government contractors. In order to mitigate the risk of data breach, cyber theft, and the loss of trade secrets and other intellectual property, both the government agencies and private companies need to understand the sector-specific rules and requirements for information security, privacy and data protection. Only after the rules of the road are fully understood can agencies and contractors implement policies to mitigate the risk posed by cyber threats.

Learning Objectives

  • Understand the nature and scope of the cyber threat to government contractors, as well as the legal and regulatory landscape.
  • Understand the recent policy, regulatory, and legislative developments that have resulted in increased liabilities for government contractors.
  • Become familiar with the SEC requirements for disclosure of cyber risks and cyber events.
  • Develop an understanding of HIPAA / HITECH privacy, security and breach notification requirements, particularly under the HIPAA Omnibus Final Rule.
  • Learn about cyber insurance and whether or not it could be appropriate for you and your company.
  • Gain insight into the various state data privacy, pre-breach, and breach notification requirements for personally identifiable health information.
  • Learn about the issues surrounding cloud computing for government contractors, to include international considerations.
  • Increase your knowledge of the requirements for Bring Your Own Device policies.
  • Understand the issues surrounding active defense, or “hack back,” and the associated liabilities.
  • And much more!

Who Will Benefit?

Contractors, their counsel, information security officers and privacy officers will benefit from a deeper understanding of the cyber and privacy regulatory landscape for government contractors. Waiting until your company experiences a data breach to implement risk mitigation policies can be a costly proposition. Get ahead of the problem — register your team today!

Meet Your Presenter

1GordonGriffinGordon Griffin is an associate in Crowell & Moring’s Washington, D.C. office, where he is a member of the firm’s Government Contracts and Privacy and Cybersecurity groups. Gordon’s practice is focused on the intersection of national security and private industry, and he regularly counsels clients in the aerospace, defense, and tech industries. Gordon has assisted clients on a number of different government contracts issues, to include bid protests, suspension and debarment, and contract claims. He also counsels clients on data privacy and cybersecurity issues.

Prior to joining Crowell & Moring, Gordon clerked for Chief Judge James Baker at the U.S. Court of Appeals for the Armed Forces. Before beginning his legal career, Gordon was a fighter pilot in the Marine Corps for 11 years, flying F/A-18’s. He is a veteran of Operation Iraqi Freedom, and has four years of experience working in the Pentagon on capabilities and requirements. He is currently a major in the Marine Corps Reserve. He is a Truman Fellow at the Truman National Security Project, and a member of the Cybersecurity, Privacy, and Data Protection Committee on the ABA Section of Public Contract Law.

ElliotGoldingElliot Golding  is an associate in the firm’s Antitrust and Health Care groups, and is a member of the Privacy and Cybersecurity team. Elliot’s Privacy & Cybersecurity practice focuses on compliance counseling and security incident litigation for Fortune 500 companies regarding a wide range of laws and regulations governing the security and privacy of personal information, such as: HIPAA and HITECH, including recent changes in the Omnibus HIPAA Final Rule; GLBA; state laws regarding pre-breach security requirements, breach notification, and unfair/deceptive trade practices; and foreign laws governing data privacy and security. Elliot frequently advises clients regarding privacy and security policies in advance of a breach (including negotiating Business Associate Agreements and designing policies to ensure global compliance) as well as notification procedures and best practices after a security breach. In addition to counseling, Elliot has defended clients against enforcement actions brought by state attorneys general under state security breach notification laws and HIPAA/HITECH, as well as enforcement actions and inquiries by other state and federal regulators stemming from security incidents. Elliot also provides training to clients and their employees regarding HIPAA and state security breach requirements.

Elliot’s antitrust practice focuses on litigating complex issues for both plaintiffs and defendants, advising Fortune 500 companies regarding antitrust implications of contemplated mergers and acquisitions, particularly major healthcare providers and insurers, and representing clients in inquiries before the DOJ and FTC.

AmeliaSchmidtAmelia Schmidt is an associate in Crowell & Moring’s Washington, D.C. office. She practices in both the Government Contracts Group and the White Collar and Regulatory Enforcement Group. Amelia has assisted clients on a variety of international trade and regulatory matters, such as International Traffic in Arms (ITAR) and Foreign Corrupt Practices Act (FCPA) investigations, export control compliance counseling, and export classification and commodity jurisdiction. She has also worked on various False Claims Act (FCA) matters for both state and federal government contractors, including litigation at the trial and appellate levels.

Prior to joining Crowell & Moring, Amelia clerked for the Honorable Lawrence E. Kahn, Senior U.S. District Judge for the Northern District of New York. Amelia received her J.D. from Harvard Law School. She is an active member of the American Bar Association’s Section of Science and Technology Law, where her work has included researching materials on the domestic use of unmanned aerial systems (UAS), and related privacy and security issues with this technology, for the Homeland Security Committee.

KateMaloneyKate Molony is an associate in the Washington, D.C. office of Crowell & Moring, practicing in the firm’s Government Contracts, Privacy & Cybersecurity, and Litigation groups. Kate represents defense, technology, and aerospace contractors across a myriad of issues, with particular expertise in cybersecurity. Kate has litigated contract claims across a variety of state and federal jurisdictions, often regarding trade secret disputes. Kate has also regularly counseled clients concerning data breach and privacy issues, as well as cleared contracting.

Prior to joining Crowell & Moring, Kate received her J.D. from the University of Virginia School of Law, where her studies focused on national security law. Currently, Kate is an active member of the American Bar Association’s Public Contract Law Section, including its Committee on Battle Space and Contingency Procurement. Kate also frequently participates in and assists with the activities of the American Bar Association’s Standing Committee on Law and National Security.


Continuing Legal Education (CLE) Credits

CLE requirements vary by state. If you would like to receive CLE credits for this webinar please contact customer service at (202) 238-9597.

Policy on Refunds and Cancellations

Your satisfaction with this training program is guaranteed. If you encounter difficulties prior to or during a course, please contact customer service at (202) 238-9596.  If you are dissatisfied with a course for any reason, you may receive credit toward a future course or a full refund. In the event that this course is cancelled, participants are notified immediately via email and offered a full refund. If the course is rescheduled, participants have a choice of a full refund or having their registration transferred to the new date.

To order a DVD Recording of this webinar, please call 202.238.9596
DVD Recording Includes:
  • Free FedEx Shipping of your 2-DVD set
  • 90 minutes of video instruction including 15 minute Q&A
  • PDF handouts of the presentation