False Claims Act Cybersecurity Enforcement Featured in NYSBA CLE
In recent years, the Department of Justice (DOJ) has increased its scrutiny of cybersecurity failures, launching a Civil Cyber-Fraud Initiative that “utilize[s] the False Claims Act to pursue cybersecurity related fraud by government contractors and grant recipients.” As a result, businesses that knowingly (1) provide the government with deficient cybersecurity products or services, (2) misrepresent their cybersecurity practices or protocols, or (3) fail to timely report cybersecurity breaches could be held liable under the False Claims Act.
On May 8, 2024, Getnick Law associate Courtney Finerty-Stelzner moderated a Continuing Legal Education (CLE) panel on “Cybersecurity Failures: False Claims Act and SEC Enforcement” to educate practitioners on this quickly evolving legal space. The CLE was sponsored by the New York State Bar Association, Commercial and Federal Litigation Section, Civil Prosecution Committee, which Courtney chairs; and featured a leading cybersecurity consultant and former FBI Assistant Director; an Assistant U.S. Attorney; and whistleblower attorneys.
The CLE educated viewers on sources of cybersecurity requirements; how cybersecurity failures can lead to False Claims Act and SEC liability; the intersection of cybersecurity requirements and electronic health records; and best practices regarding implementing cybersecurity controls and responding to a data breach.
Learn more about Getnick Law’s whistleblower practice here.