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Flying Through The Cloud: Acquisition Turbulence & Cyber Hail

Client Alert | 1 min read | 12.04.12

OMB's "Cloud First" directive funnels an ever-expanding share of the $70 billion IT budget into cloud computing services and technology, creating a whirlwind of acquisition and cybersecurity issues outpacing the regulatory framework, procurement practices, and security rules guiding federal agencies and contractors. In his Briefing Paper on "Cloud Computing Acquisitions & Cybersecurity" published by Thomson West, C&M's David Bodenheimer sheds light on the latest NIST standards for federal cloud acquisitions and security, the major drivers accelerating the "Cloud First" implementation in the federal marketplace, the cybersecurity challenges and FedRAMP authorization process, and the complexities and pitfalls raining down on cloud acquisitions, including current and future protests involving competition, restrictive requirements, privacy, security, and organizational conflicts of interest.


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Client Alert | 8 min read | 10.01.25

BIS Issues “Affiliates Rule” to Dramatically Expand Applicability of Entity and Military End-User Lists

On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a sweeping Interim Final Rule (IFR), (the “Affiliates Rule”) expanding which entities qualify as Entity List or Military End-User entities, thereby subjecting those entities to elevated export control restrictions under the Export Administration Regulations (EAR). U.S. export restrictions applicable to entities on the Entity List, Military End-User (MEU) List, and Specially Designated Nationals and Blocked Persons (SDN List) now apply to foreign affiliates that are, in the aggregate, owned 50% or more by one or more of the aforementioned entities. An entity that becomes subject to these restrictions because of its ownership structure will be subject to the most restrictive controls that attach to any of its parent entities, regardless of ownership stakes....

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