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The Wait Is Over: Final DFARS Safeguarding Rule Published Today

Client Alert | 1 min read | 10.21.16

Almost three years after its first iteration was published, DoD has finalized the DFARS Safeguarding Rule and corresponding DFARS clauses regarding the protection of “covered defense information” provided to or generated by defense contractors. Effective today, the Final Rule by and large reflects the same requirements of its interim versions and FAQs but with a few notable exceptions, including the definition of “covered defense information” now encompasses all forms of “controlled unclassified information” and thus aligns with the National Archive’s recent final rule, external cloud services housing covered defense information must comply with certain FedRAMP security requirements, and subcontractors must notify their primes when requesting variances from the security controls of NIST Special Publication 800-171.

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Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” Uhlmann repeated this statement during a luncheon on April 23, 2024, while also emphasizing the new level of energy this collaborative effort has brought to the enforcement programs....

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