Insights

Washington – January 9, 2026: Crowell & Moring elected 15 new partners effective January 1, 2026. The firm also promoted 26 associates to counsel, and one counsel to senior counsel.

The Federal Risk and Authorization Management Program (FedRAMP) continues to advance its modernization agenda. On April 8, 2026, FedRAMP released RFC-0031, Updated Incident Communications Procedures for public comment. This RFC proposes replacing the current FedRAMP Incident Communications Procedures (ICP) with what FedRAMP calls “a clear set of reporting requirements … established using a modern rules-based format.” 

The Federal Risk and Authorization Management Program (FedRAMP) is a government-wide initiative established to standardize the security assessment, authorization, and continuous monitoring of cloud products and services used by federal agencies. FedRAMP’s primary objective is to ensure that cloud service providers (CSPs) implement robust security controls to protect federal information in cloud environments. By leveraging a consistent framework for security assessment and authorization, FedRAMP is intended to reduce duplication of effort, cost, and time for both agencies and vendors.

Earlier this month, the Department of Justice (DOJ) announced that Swiss Automation Inc., an Illinois-based precision machining company, agreed to pay $421,234 to resolve allegations that it violated the False Claims Act (FCA) by inadequately protecting technical drawings for parts delivered to Department of Defense (DoD) prime contractors.  This settlement reflects DOJ's persistent emphasis on cybersecurity compliance across all levels of the defense industrial base, reaching beyond prime contractors to encompass subcontractors and smaller suppliers.  The settlement is also a reminder to all contractors not to overlook the often confusing relationship between Controlled Unclassified Information (CUI) and export-controlled information.

The Department of Defense (DoD) has released the highly anticipated second final rule for the Cybersecurity Maturity Model Certification Program (CMMC), ushering in its mandatory implementation that begins on November 10. CMMC is a unified assessment model released by the DoD in response to the growing threat of cyberattacks on and data theft from the Defense Industrial Base.  This program requires every DoD contractor that handles sensitive government data to certify compliance with certain cybersecurity controls.  CMMC brings greater scrutiny to contractors’ cybersecurity compliance and greater risks associated with compliance failures. To achieve certification, contractors must prove that their organizations can meet a myriad of security control obligations, a process that can be daunting without familiarity with the policies, procedures, and practices that will be required when the program is finalized.