Tag Archives: cybersecurity

DOJ Announces New Cyber-Fraud Initiative Promoting False Claims Act Enforcement Against Contractors and Grantees Failing to Follow Cybersecurity Standards

As we anticipated last spring, the Department of Justice (DOJ) has signaled that it will utilize civil enforcement of the False Claims Act (FCA) to address new and emerging cybersecurity threats. On October 6, 2021, Deputy Attorney General Lisa Monaco announced the launch of a new cyber-fraud initiative led by the Fraud Section of DOJ’s Commercial Litigation Branch. The new initiative will focus FCA enforcement against federal government contractors or grant recipients who fail to follow required cybersecurity standards.… More

Ransomware Payments – OFAC Updates its Advisory and Congress Gets Involved

Ransomware payments continue to be a focus of the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). As previously reported by Foley Hoag, on October 1, 2020, OFAC released an advisory regarding potential sanctions risks related to facilitating ransomware payments. Almost a year later, on September 21, 2021, OFAC updated its advisory to provide additional guidance regarding what OFAC considers to be mitigating factors if facilitating a ransomware payment results in an apparent violation of U.S.… More

Ransomware Payments – OFAC Updates its Advisory and Congress Gets Involved

Ransomware payments continue to be a focus of the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”). As previously reported by Foley Hoag, on October 1, 2020, OFAC released an advisory regarding potential sanctions risks related to facilitating ransomware payments. Almost a year later, on September 21, 2021, OFAC updated its advisory to provide additional guidance regarding what OFAC considers to be mitigating factors if facilitating a ransomware payment results in an apparent violation of U.S.… More

Biden Issues Memorandum Aimed at Improving Cybersecurity

On July 28, 2021, President Biden issued a Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems.  The Memo recognizes that the protection of the nation’s critical infrastructure lies not only with government, i.e., at the federal, state, local, tribal, and territorial levels, but with critical infrastructure owners and operators.  In addition, the Memo states that cybersecurity threats to critical infrastructure, and the systems that control and operate it,… More

CISA Issues Ransomware Alert for Activity Targeting the Healthcare and Public Health Sectors

On October 28, 2020, a joint cybersecurity advisory was coauthored by the Cybersecurity and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the Department of Health and Human Services (HHS). This advisory describes the tactics, techniques, and procedures used by cybercriminals against targets in the healthcare and public health sectors to infect their systems with Ryuk ransomware for financial gain.

CISA,… More

FERC Authorizes Deferred Implementation of Seven NERC Reliability Standards

The Federal Energy Regulatory Commission (“FERC” or “Commission”) recently issued an Order approving a request by the North American Electric Reliability Corporation (“NERC”) to defer the implementation of several Reliability Standards scheduled to take effect later this year. This action, along with others discussed in an earlier post here, are the latest measures approved by FERC that demonstrate the Commission’s intent to exercise discretion in easing reliability compliance burdens in light of the national emergency related to the coronavirus pandemic.… More

Cybersecurity and Infrastructure Security Agency Identifies Essential Critical Energy Infrastructure Workers During COVID-19 Response

On March 19, 2020, the Cybersecurity and Infrastructure Security Agency (CISA) issued its Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response (“Memo”).  The Memo identifies workers who conduct “a range of operations and services that are essential to continued critical infrastructure viability” and who support a wide-spectrum of industries such as medical and healthcare, telecommunications, information technology systems, defense, and energy.

As provided by the Homeland Security Act of 2002,… More

March 13, 2020 Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency Briefing on Covid-19 and Data Security

The Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA) just completed a stakeholder security briefing.  This was recorded and should soon be available on the CISA website, but in the interim, some key takeaways are:

  • We are in the “initiation phase” of the pandemic, meaning the worst is yet to come (the “acceleration phase”).
  • Covid-19 has been found in 42 states.
  • The presenters declined to comment on the likelihood of mandatory quarantines.…
  • More

A HealthIT Cybersecurity Toolkit

A recent report from the Mass Digital Health Council includes a cybersecurity toolkit created by MDHC’s Cybersecurity Group of Experts (CGE). The toolkit will enable faster clinical adoption of new digital health products, software and solutions by enhancing access to security needs and requirements and will address:

  • Cybersecurity needs for digital health companies
  • Medical device and software solutions
  • Best practices
  • Available state and national resources and tools

This toolkit should enable healthcare organizations to share experiences and guidance with each other,… More