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Nikole Snyder

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Nikole Snyder is an associate in the Governmental Practice in the firm's Washington, D.C. office. She is a lead associate of the firm’s Government Business Group.

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In recent weeks, there has been an uptick in news of cyber-related False Claims Act (“FCA”) activity. For example, on September 1, 2023, the court unsealed a qui tam lawsuit against Penn State University relating to allegations of non-compliance with Department of Defense (“DoD”) cybersecurity obligations. Separately, on September 5, 2023, the Department of Justice (“DOJ”) announced a multi-million dollar FCA settlement with Verizon under its Civil-Cyber Fraud Initiative (which focuses on leveraging the FCA to pursue cybersecurity related fraud by government contractors and grant recipients, as we previously discussed here). These and other cases suggest—as many had been speculating—that the number of enforcement actions and publicity associated with previously-sealed qui tam cases will continue to increase. They also signal that contractors and universities should brace for additional scrutiny and potential whistleblower claims in this area.…

Continue Reading Recent Cyber-Related False Claims Act Activity Signals Contractors and Universities Should Examine Their Cybersecurity Practices and Brace for an Uptick in Enforcement

On March 8, 2022, just five months after the creation of the Department of Justice’s (“DOJ”) new Civil Cyber-Fraud Initiative (previously discussed here), the DOJ announced its first settlement of a cyber-related fraud case. Under the settlement agreement, Comprehensive Health Services LLC (“CHS”) will pay $930,000 to resolve whistleblower allegations that it violated the False Claims Act by (among other things) failing to properly store and handle confidential information. This likely is just the start for increased cyber-related enforcement actions.

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Continue Reading Well, That Didn’t Take Long – DOJ Announces its First Settlement of a Civil Cyber-Fraud Case

Just when you didn’t think things could get any weirder, on Friday, January 21, 2022, the U.S. District Court for the Southern District of Georgia issued a ruling clarifying its prior EO 14042 injunction (currently on appeal to the 11th Circuit, and discussed previously here) by refusing to clarify the injunction. Yes, you read that right. Let us explain.
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Continue Reading Executive Order 14042 – Update 15.0: U.S. District Court “Clarifies” Its Injunction Applies Only To The Vaccine Mandate

On January 13, 2022, the Supreme Court reinstated the nationwide injunction of the Occupational Safety and Health Administration’s (OSHA) COVID-19 Emergency Temporary Standard (ETS). (Technically, the Court overturned the Sixth Circuit’s decision dissolving the 5th Circuit’s injunction, discussed in the OSHA Emergency Temporary Standard Survival Guide.)  This means the OSHA ETS is no longer in force, and businesses, regardless of size, need not comply with the OSHA ETS vaccine/test mandate.
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Continue Reading Supreme Court Enjoins OSHA Emergency Temporary Standard; Keeps CMS Rule Alive

Federal contractors and subcontractors across the country were forced to rethink their COVID-safety efforts when, on December 7, the U.S. District Court for the Southern District of Georgia enjoined enforcement…
Continue Reading Executive Order 14042 – Update 12.0: U.S. District Court Issues Nationwide Injunction

In news that will be of interest to every federal contractor, including large and small businesses, universities, banks, and the health care industry, Executive Order 14042 (along with the related…
Continue Reading What We Know And Don’t About The Federal Court Order Enjoining EO 14042

On November 4, 2021, the Department of Defense (“DOD”) announced several changes to the Cybersecurity Maturity Model Certification (“CMMC”) program – the program that DOD intends to use to enhance the security of the defense industrial base through assessments and third-party cybersecurity certifications.[1] The new version of the program – “CMMC 2.0” – is a result of DOD’s internal review of the CMMC program implemented thus far (“CMMC 1.0”), which began following the release of an interim rule in September 2020, and included review of over 850 public comments. DOD intends to engage in additional rulemaking to refine and finalize CMMC 2.0. Although the overall goal of the program remains focused on safeguarding sensitive unclassified information, CMMC 2.0 includes several important differences from the original program, as discussed in greater detail below.
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Continue Reading DOD Updates Its Cybersecurity Certification Program – CMMC 2.0: What Contractors Need to Know

On Wednesday, October 6, 2021, the Department of Justice (“DOJ”) announced a new Civil Cyber-Fraud Initiative to enforce cybersecurity standards and reporting requirements. The Initiative will use DOJ’s civil enforcement mechanisms, namely the False Claims Act, to pursue government contractors and federal grant recipients that “knowingly provid[e] deficient cybersecurity products or services, knowingly misrepresent[] their cybersecurity practices or protocols, or knowingly violat[e] obligations to monitor and report cybersecurity incidents and breaches.” DOJ will not limit enforcement to entities; individuals also can be held accountable for cybersecurity-related fraud. Under the False Claims Act, penalties for such violations could be substantial, including treble damages.
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Continue Reading DOJ Announces Civil Cyber-Fraud Initiative To Enforce Contractor Cybersecurity Compliance

On September 9, 2021, President Biden signed an Executive Order (EO) to implement COVID safety protocols for Federal service contractors. While the EO did not identify specific safety protocols, it did direct a Federal task force (the “Safer Federal Workforce Task Force,” created by Executive Order in January 2021) to issue COVID-19-related workplace safety guidance for prime contractors and subcontractors in the near future. Specifically, the Task Force is charged with issuing contractor guidance by September 24, 2021, including definitions of relevant terms, specific workplace safety protocols, and applicable exceptions.
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Continue Reading COVID-19 Oversight and Enforcement: President Biden’s COVID Executive Order