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NIST Updates Cybersecurity Framework (CSF)

Client Alert | 1 min read | 01.18.17

Last week, the National Institute of Standards and Technology (NIST) issued a draft update to the Framework for Improving Critical Infrastructure, also known as the “Cybersecurity Framework” or CSF. This Version 1.1 update includes (i) a new section addressing measurement and demonstration of cybersecurity; (ii) considerations regarding Cyber Supply Chain Risk Management (SCRM) added throughout the CSF; and (iii) clarification of existing key terms and concepts.

The proposed additions regarding cybersecurity measurement are intended to “get the conversation started” and help companies map their business outcomes to their cyber risk management practices. The update aims to enable organizations to produce meaningful cyber risk information to use in enterprise-level risk management decisions, which can also be conveyed to dependents, partners and customers as applicable. Supply chain-focused updates are intended to bolster existing sections of the CSF as well as develop a common vocabulary for cyber supply chain risk management across industries and project types.

Version 1.1 of the CSF is intended to be “fully compatible” with the existing Version 1.0. Comments on Version 1.1 must be submitted by April 10, 2017, and NIST intends to publish a final Framework Version 1.1 in the fall of 2017.

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Client Alert | 3 min read | 11.21.25

A Sign of What’s to Come? Court Dismisses FCA Retaliation Complaint Based on Alleged Discriminatory Use of Federal Funding

On November 7, 2025, in Thornton v. National Academy of Sciences, No. 25-cv-2155, 2025 WL 3123732 (D.D.C. Nov. 7, 2025), the District Court for the District of Columbia dismissed a False Claims Act (FCA) retaliation complaint on the basis that the plaintiff’s allegations that he was fired after blowing the whistle on purported illegally discriminatory use of federal funding was not sufficient to support his FCA claim. This case appears to be one of the first filed, and subsequently dismissed, following Deputy Attorney General Todd Blanche’s announcement of the creation of the Civil Rights Fraud Initiative on May 19, 2025, which “strongly encourages” private individuals to file lawsuits under the FCA relating to purportedly discriminatory and illegal use of federal funding for diversity, equity, and inclusion (DEI) initiatives in violation of Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity (Jan. 21, 2025). In this case, the court dismissed the FCA retaliation claim and rejected the argument that an organization could violate the FCA merely by “engaging in discriminatory conduct while conducting a federally funded study.” The analysis in Thornton could be a sign of how forthcoming arguments of retaliation based on reporting allegedly fraudulent DEI activity will be analyzed in the future....

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