On October 7, 2022, President Biden signed an Executive Order on Enhancing Safeguards for United States Signals Intelligence Activities,1 which is intended to implement U.S. commitments under the Trans-Atlantic Data Privacy Framework (DPF) announced in March 2022. With the new executive order, the Biden administration aims to strengthen the legal foundation for trans-Atlantic
National Security
OMB Announces Requirements for Ensuring the Integrity of Software Used by Federal Agencies
On September 14, 2022, the US Office of Management and Budget (OMB) published a memorandum, M-22-18, requiring federal agencies to comply with previously announced guidelines for ensuring the integrity of third-party software on an agency’s information systems or that otherwise affects government information. Applicable to firmware, operating systems, applications, and application services (e.g., cloud-based…
CFIUS Risk Factors Expanded by Executive Order
On September 15, 2022, President Biden issued an executive order (the “Order”) to provide further detail and expand on the factors that the Committee on Foreign Investment in the United States (“CFIUS”) uses to evaluate whether a foreign investment provides a risk to US national security. The Order1 is the first executive order to…
Ukraine Crisis: Ten Key Questions on… Cybersecurity
In this episode of our Ukraine Crisis video series, Amy Jacks (Restructuring partner, London) asks Rajesh De (Global Head of Cybersecurity & Data Privacy, and member of the firm’s global Management Committee) ten key questions on cybersecurity.
Raj discusses how recent hostilities in Ukraine have contributed to the increase in the scope, scale and severity…
Russian Military Action in Ukraine: Measures to Mitigate Related Cyber Risk
After months of diplomatic engagement, the early morning of February 24, 2022 saw what President Biden called an “unprovoked and unjustified attack by Russian military forces” on Ukraine. Numerous news reports also have described significant cyber attacks against Ukrainian systems. According to those reports, these attacks follow multiple waves of cyber attacks in the past…
A Conversation with Gen. Paul Nakasone, Commander, US Cyber Command; Director, National Security Agency; Chief, Central Security Service
A Conversation with Gen. Paul Nakasone, Commander, US Cyber Command; Director, National Security Agency; Chief, Central Security Service General Paul Nakasone has served in the US Army for 35 years, holding a number of key cyber and national security positions, culminating in his service as the Commander of United States Cyber Command, Director of the…
A Conversation with Chris Inglis, National Cyber Director, the White House
Chris Inglis, the first person to hold the title of National Cyber Director, was nominated by President Biden and confirmed by the Senate in June. He was formerly a Deputy Director of the National Security Agency (NSA). Chris will be in conversation with Raj De, former General Counsel of the NSA and current head of…
A Conversation with Eric Goldstein, Executive Assistant Director for Cybersecurity, Cybersecurity and Infrastructure Security Agency
Eric Goldstein has served as the Executive Assistant Director for Cybersecurity for the Cybersecurity and Infrastructure Security Agency (CISA) since February. In this role, he leads CISA’s mission to protect and strengthen federal civilian agencies and the nation’s critical infrastructure against cyber threats. Eric will be in conversation with Stephen Lilley, former Chief Counsel to…
Cyber Spotlight: Update on Implementation of US Cyberspace Solarium Commission Recommendations
The US Cyberspace Solarium Commission, created by Congress to develop recommendations for defending the United States against cyber-attacks, is actively engaging with Congress and the Biden administration to implement the commission’s 80+ recommendations through legislation and policy. Many of these recommendations have already become law, and some, such as a recommendation to create a national…
Critical Infrastructure Cybersecurity: Key Developments and Priorities for US Companies
Cyberattacks present substantial threats to US critical infrastructure. Recent attacks on water systems and the pipeline shutdown highlight the potentially significant legal, financial and reputational risks for businesses. The legal and policy landscape is also shifting rapidly. Companies operating in critical infrastructure sectors such as energy, chemicals, manufacturing, transportation and financial services consequently will benefit…