On May 22, 2025, the Cybersecurity and Infrastructure Security Agency (“CISA”), which sits within the Department of Homeland Security (“DHS”) released guidance for AI system operators regarding managing data security risks. The associated press release explains that the guidance provides “best practices for system operators to mitigate cyber risks through
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Ashden Fein
Ashden Fein is co-chair of Covington’s Data Privacy and Cybersecurity Practice. He advises clients on cybersecurity and national security matters, including crisis management and incident response, risk management and governance, government and internal investigations, and regulatory compliance. Ashden also serves as lead counsel in criminal, civil, and internal investigations involving cybersecurity, insider risk, and U.S. national security issues.
Ashden regularly counsels clients on preparing for and responding to cyber-based attacks, assessing security controls and practices for the protection of data and systems, developing and implementing cybersecurity risk management and governance programs, and complying with federal and state regulatory requirements. Ashden frequently supports clients as the lead investigator and crisis manager for global cyber and data security incidents, including data breaches involving personal data, advanced persistent threats targeting intellectual property across industries, state-sponsored theft of sensitive U.S. government information, extortion and ransomware, and destructive attacks.
Ashden also assists clients from across industries with leading internal investigations and responding to government inquiries related to U.S. national security and insider risks. He frequently represents government contractors in False Claims Act matters involving cybersecurity and national security. Additionally, he advises aerospace, defense, and intelligence contractors on security compliance under U.S. national security laws and regulations including, among others, the National Industrial Security Program (NISPOM), U.S. government cybersecurity regulations, FedRAMP, and requirements related to supply chain security.
Before joining Covington, Ashden served on active duty in the U.S. Army as a Military Intelligence officer and prosecutor specializing in cybercrime and national security investigations and prosecutions -- to include serving as the lead trial lawyer in the prosecution of Private Chelsea (Bradley) Manning for the unlawful disclosure of classified information to Wikileaks. Ashden is a retired U.S. Army officer.
April 2025 Cybersecurity Developments Under the Trump Administration
This is the third blog in a series of Covington blogs on cybersecurity policies, executive orders (“EOs”), and other actions of the new Trump Administration. This blog describes key cybersecurity developments that took place in April 2025.
NIST Publishes Initial Draft of Guidance for High Performance Computing Systems
U.S. National…
Continue Reading April 2025 Cybersecurity Developments Under the Trump AdministrationMarch 2025 Cybersecurity Developments Under the Trump Administration
This is the second blog in a series of Covington blogs on cybersecurity policies, executive orders (“EOs”), and other actions of the new Trump Administration. This blog describes key cybersecurity developments that took place in March 2025.
Trump Administration Executive Order on Achieving Efficiency
On March 19, 2025, the Trump…
Continue Reading March 2025 Cybersecurity Developments Under the Trump AdministrationJanuary and February 2025 Cybersecurity Developments Under the Biden and Trump Administrations
This is the first in a new series of Covington blogs on cybersecurity policies, executive orders, and other actions of the new Trump Administration. This blog describes key cybersecurity developments that took place in January and February 2025. Below, we outline three developments affecting cybersecurity in January and February 2025, including one from the Biden Administration, which has not been rescinded.
Biden Administration Issues Second Cybersecurity Executive Order
On January 16, in one of the final acts of the Biden Administration, the White House issued Executive Order (”EO”) 14144 on “Strengthening and Promoting Innovation in the Nation’s Cybersecurity.” EO 14144 expands on the National Cybersecurity Strategy and EO 14028, Improving the Nation’s Cybersecurity, which we first previously wrote about here. This new EO requires a range of additional security enhancements to U.S. government and supporting digital infrastructure, including improving accountability for software and cloud service providers, strengthening the security of Federal communications and identity management systems, and promoting innovative developments and use of emerging technologies for cybersecurity across agencies and with the private sector. Continue Reading January and February 2025 Cybersecurity Developments Under the Biden and Trump Administrations
FAR Council Proposes New FAR CUI Rule
On January 15, 2025, the Federal Acquisition Regulation (“FAR”) Council proposed a new FAR Controlled Unclassified Information (“CUI”) rule (“proposed rule”) to establish uniform requirements for handling CUI with broad applicability to solicitations and contracts across the federal government.
The proposed rule, in development for roughly a decade, represents a…
Continue Reading FAR Council Proposes New FAR CUI RuleNovember 2024 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity Strategy
This is part of a series of Covington blogs on the implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken…
Continue Reading November 2024 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity StrategyDepartment of Defense Publishes Notice of Proposed Rulemaking on Disclosure of Computer and Source Code to Foreign Entities
On November 15, 2024, the Department of Defense (“DoD”) published a Notice of Proposed Rulemaking (“Proposed Rule”) entitled “Defense Federal Acquisition Regulation Supplement: Disclosure of Information Regarding Foreign Obligations.” The Proposed Rule would impose new disclosure obligations on “Offeror[s]” (pre-award) and “Contractor[s]” (post-award) that are triggered in certain…
Continue Reading Department of Defense Publishes Notice of Proposed Rulemaking on Disclosure of Computer and Source Code to Foreign EntitiesNovember 2024 Developments Under President Biden’s AI Executive Order
This is part of an ongoing series of Covington blogs on the implementation of Executive Order No. 14110 on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “AI EO”), issued by President Biden on October 30, 2023. The first blog summarized the AI EO’s key provisions and related OMB guidance, and subsequent blogs described the actions taken by various government agencies to implement the AI EO from November 2023 through October 2024. This blog describes key actions taken to implement the AI EO during November 2024 and potential implications of the 2024 U.S. election. We will discuss developments during November 2024 to implement President Biden’s 2021 Executive Order on Cybersecurity in a separate post. Continue Reading November 2024 Developments Under President Biden’s AI Executive Order
October 2024 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity Strategy
This is part of a series of Covington blogs on implementation of Executive Order 14028, “Improving the Nation’s Cybersecurity,” issued by President Biden on May 12, 2021 (the “Cyber EO”). The first blog summarized the Cyber EO’s key provisions and timelines, and the subsequent blogs described the actions taken by…
Continue Reading October 2024 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity StrategyCISA Releases Guidance on Minimum Expectations for Software Bill of Materials
On October 15, 2024, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) published software bill of materials (“SBOM”) guidance through the third edition of Framing Software Component Transparency: Establishing a Common Software Bill of Materials (SBOM) (dated September 3, 2024) (the “Guidance”). The Guidance provides “a minimum expectation for creating…
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