Preparing for the New DOJ Civil Cyber Fraud Initiative and Enforcement Actions and the False Claims Act Matters That Will Follow

The US Department of Justice has announced a recent Civil Cyber-Fraud Initiative as part of its effort to combat cybersecurity issues and hold companies and individuals accountable for putting government information or systems at risk. The presentation will provide an overview of this new initiative, the role of the False Claims Act in this initiative, and steps companies can take to mitigate litigation risks as enforcement ramps up.

Topics will include:

• Overview of the Cybersecurity Landscape
• Common Issues Arising Under Cyber Investigations
• New Civil Cyber-Fraud Initiative
• How DOJ and qui tam relators may use the False Claims Act “to identify, pursue and deter cyber vulnerabilities and incidents that arise with government contracts and grants and that put sensitive information and critical government systems at risk.”
  • Early FCA enforcement of cybersecurity non-compliance.
  • Focus on failures to comply with cybersecurity standards; misrepresentation of security controls and practices; timely reporting of cyber incidents
• Other Enforcement Issues
• Recent Lessons from Other Recent Enforcement Actions
• Next Steps