1. Home
  2. |Insights
  3. |Zero Hour: Contractors Face Increased FCA Exposure for Cybersecurity Noncompliance

Zero Hour: Contractors Face Increased FCA Exposure for Cybersecurity Noncompliance

Client Alert | less than 1 min read | 09.25.19

Along with the steady influx of cybersecurity requirements in federal procurement, contractors now face potential False Claims Act (FCA) liability in connection with cybersecurity noncompliance. Underscoring this risk was a recent FCA settlement, United States, ex rel. Glenn v. Cisco Sys. Inc., in which Cisco agreed to pay $8.6 million to settle allegations that it violated the FCA by selling products to the government that contained flawed software that was susceptible to data breaches. 

In an article published in Bloomberg Law, C&M attorneys discuss the intersection of the FCA and cybersecurity requirements as well as strategies to mitigate risk and defend against cybersecurity based FCA actions.

Contacts

Insights

Client Alert | 2 min read | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....

View All Insights