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Biden’s Final Cybersecurity Order Proposes Significant Changes, All to Be Implemented by the Incoming Administration

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Citing the threats posed by foreign adversaries and criminal organizations, and seeking enhanced accountability for companies...

We are Morrison Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, and Fortune 100, technology, and life sciences companies. Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger.Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Prior results do not guarantee a similar outcome.

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Citing the threats posed by foreign adversaries and criminal organizations, and seeking enhanced accountability for companies that provide software and cloud services to the federal government, the Biden administration released a new, sweeping Executive Order (“E.O.”) on cybersecurity last week. With mere days left in office, President Biden signed the “Executive Order on Strengthening and Promoting Innovation in the Nation’s Cybersecurity” on January 16, 2025. The new E.O., No. 14144, is something of a bookend to Biden’s 2021 cybersecurity order with a very similar name, E.O. 14028, with the new E.O. reflecting more ambitious goals and more onerous requirements for government contractors, software developers, and cloud service providers (“CSPs”). In a bit of good news for the technology industry, the E.O. encourages federal agencies to expand acceptance of digital identification, and to deploy commercial artificial intelligence (“AI”), end point detection, encryption, and other tools for use in cyber defense activities. Read more in our <a href="https://govcon.mofo.com/topics/biden-s-final-cybersecurity-order-proposes-significant-changes-all-to-be-implemented-by-the-incoming-administration" target="_blank">client alert</a>.

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Tina is Co-chair of Morrison Foerster’s Government Contracts & Public Procurement practice. She represents a wide variety of government contractors including information technology, defense, biotechnology, and pharmaceutical companies, with a focus on general contract counseling and compliance, particularly concerning intellectual property, and cybersecurity matters and federal grant funding.Tina counsels contractors on compliance with federal, state and local acquisition and ethics regulations and with the evolving myriad of requirements pertaining to data security and cybersecurity. She has been involved with numerous internal investigations and compliance reviews, and with mandatory and voluntary disclosures to agencies, and litigation of False Claims Act matters.Tina routinely advises clients concerning:<ul><li>Prime-subcontractor relationships</li><li>Sources of supply and country of origin requirements</li><li>Price reductions and price reporting issues</li><li>Organizational conflicts of interest</li><li>Safeguarding of intellectual property and other proprietary interests</li><li>Licensing and data rights issues</li><li>Handling of classified materials and controlled unclassified information</li><li>Agency suspension and debarment proceedings</li></ul>She also assists clients with due diligence and other activities related to the acquisition of government contracting concerns, and with the drafting and negotiation of teaming agreements, subcontracts, licensing agreements, and cooperative research and development agreements. She also assists clients applying for federal grants (including SBIR and STTR agreements), and those who seek to obtain other transactional authority agreements, as well as those competing for state and local government work.Tina’s litigation experience includes government contracts claims litigation in federal courts and before boards of contract appeals, bid protests before the Government Accountability Office and the Court of Federal Claims, and complex disputes in federal courts, including civil fraud and False Claims Act litigation and reverse Freedom of Information Act litigation.Prior to joining Morrison Foerster, Tina worked at another large national firm and as a trial attorney in the Office of the General Counsel of the Navy, Navy Litigation Office.<h4>Representative Experience</h4><ul><li>Negotiation of largest CHIPS Act federal funding agreement between multinational semiconductor corporation and U.S. Department of Commerce.</li><li>Negotiated prime contract and major subcontracts related to the Department of Energy’s next generation supercomputer program, including extensive IP rights negotiations and negotiation of associated patent rights waivers.</li><li>Negotiated series of other transaction authority agreements with DARPA and associated subcontracts with more than a dozen research universities on behalf of a firm biotech client, including complex IP rights allocations and material transfer agreements.</li><li>Assist clients with FedRAMP authorization process and with development of license agreements for software products sold to federal, state and local government agencies.</li><li>Cyber incident response counseling to some of the largest companies and organizations impacted by security incidents.</li><li>Advises clients on Bayh-Dole reporting of inventions and IP strategies for contracts and grants.</li><li>Conducts due diligence for major government contract mergers and acquisitions.</li></ul>

Tina D. Reynolds

Partner

Markus Speidel is an associate in Morrison & Foerster’s Government Contracts & Public Procurement group, in Washington, D.C. Markus assists clients across a wide range of contract matters, including contract claims and disputes, bid protests, compliance counseling, and investigations. Markus has helped clients prepare requests for equitable adjustment and certified claims and has represented clients before the Armed Services Board of Contract Appeals. Markus regularly litigates pre- and post-award bid protests before the U.S. Government Accountability Office (GAO), and the U.S. Court of Federal Claims (COFC). Markus has experience supporting client’s internal and external investigations. His practice also involves counseling clients on various compliance and regulatory issues, including domestic preference requirements, sustainable procurement, fiscal policy, and cost and accounting matters.  Markus was the recipient of the Murray J. Schooner Scholarship for Government Procurement Law. He received his J.D. from the George Washington University Law School, with Honors and a concentration in government contract law. During law school, Markus co-authored papers on sustainable procurement and distance legal education and wrote his Note on the Court of Federal Claim’s Tucker Act jurisdiction over Other Transactions. He was a member of the Federal Circuit Bar Journal, the Government Contracts Student Association, and Student Intellectual Property Law Association. Before joining the firm as an associate, he worked as a law clerk for the firm’s Government Contracts Group. Prior to law school, Markus received a Ph.D. in Education from the University of Hawaii, and a dual degree (B.S. and B.A.) from the University of Washington.

Markus Speidel

Associate

Government Contracts + Public Procurement