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DoD's New Year's Gift: More Time to Meet Cyber Safeguarding Requirements

Client Alert | less than 1 min read | 12.30.15

On December 30, DoD issued an interim rule amending the DFARS Safeguarding Rule in several respects, including to provide contractors up to December 31, 2017, to comply with the security control requirements identified in DFARS 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, and detailed in NIST Special Publication 800-171, Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations. Despite the additional time to comply, within 30 days of contract award, contractors must still notify the DoD Chief Information Officer of any NIST SP 800-171 security requirements not yet implemented.

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Client Alert | 4 min read | 08.25.26

DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision

Algorithmic pricing tools commonly used by businesses to increase efficiency and profits are under increasing antitrust scrutiny. This summer, federal regulators, state attorneys general, and state legislatures grappled with competing businesses providing nonpublic, competitively sensitive data to common algorithmic platforms. The Third Circuit deepened an emerging circuit split with the Ninth Circuit on algorithmic pricing liability, reviving antitrust claims against Atlantic City casino-hotels in a decision with direct implications for any company that uses a common pricing platform. See Crowell’s recent client alert. And New Jersey enacted two landmark laws—the FAIR Act and the Fair Price Protection Act—directly regulating algorithmic rent-setting and surveillance pricing. See Crowell’s recent client alert....

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