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Ryan Burnette

Ryan Burnette is a government contracts and technology-focused lawyer that advises on federal contracting compliance requirements and on government and internal investigations that stem from these obligations. Ryan has particular experience with defense and intelligence contracting, as well as with cybersecurity, supply chain, artificial intelligence, and software development requirements.

Ryan also advises on Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) compliance, public policy matters, agency disputes, and government cost accounting, drawing on his prior experience in providing overall direction for the federal contracting system to offer insight on the practical implications of regulations. He has assisted industry clients with the resolution of complex civil and criminal investigations by the Department of Justice, and he regularly speaks and writes on government contracts, cybersecurity, national security, and emerging technology topics.

Ryan is especially experienced with:

  • Government cybersecurity standards, including the Federal Risk and Authorization Management Program (FedRAMP); DFARS 252.204-7012, DFARS 252.204-7020, and other agency cybersecurity requirements; National Institute of Standards and Technology (NIST) publications, such as NIST SP 800-171; and the Cybersecurity Maturity Model Certification (CMMC) program.
  • Software and artificial intelligence (AI) requirements, including federal secure software development frameworks and software security attestations; software bill of materials requirements; and current and forthcoming AI data disclosure, validation, and configuration requirements, including unique requirements that are applicable to the use of large language models (LLMs) and dual use foundation models.
  • Supply chain requirements, including Section 889 of the FY19 National Defense Authorization Act; restrictions on covered semiconductors and printed circuit boards; Information and Communications Technology and Services (ICTS) restrictions; and federal exclusionary authorities, such as matters relating to the Federal Acquisition Security Council (FASC).
  • Information handling, marking, and dissemination requirements, including those relating to Covered Defense Information (CDI) and Controlled Unclassified Information (CUI).
  • Federal Cost Accounting Standards and FAR Part 31 allocation and reimbursement requirements.

Prior to joining Covington, Ryan served in the Office of Federal Procurement Policy in the Executive Office of the President, where he focused on the development and implementation of government-wide contracting regulations and administrative actions affecting more than $400 billion dollars’ worth of goods and services each year.  While in government, Ryan helped develop several contracting-related Executive Orders, and worked with White House and agency officials on regulatory and policy matters affecting contractor disclosure and agency responsibility determinations, labor and employment issues, IT contracting, commercial item acquisitions, performance contracting, schedule contracting and interagency acquisitions, competition requirements, and suspension and debarment, among others.  Additionally, Ryan was selected to serve on a core team that led reform of security processes affecting federal background investigations for cleared federal employees and contractors in the wake of significant issues affecting the program.  These efforts resulted in the establishment of a semi-autonomous U.S. Government agency to conduct and manage background investigations.

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 Strategy

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 Entities

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

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 Strategy

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

Continue Reading CISA Releases Guidance on Minimum Expectations for Software Bill of Materials

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 September 2024.  This blog describes key actions taken to implement the AI EO during October 2024.  We will discuss developments during October 2024 to implement President Biden’s 2021 Executive Order on Cybersecurity in a separate post. Continue Reading October 2024 Developments Under President Biden’s AI Executive Order

On Tuesday, October 22, 2024, Pennsylvania State University (“Penn State”) reached a settlement with the Department of Justice (“DoJ”), agreeing to pay the US Government (“USG”) $1.25M for alleged cybersecurity compliance violations under the False Claims Act (“FCA”).  This settlement follows a qui tam action filed by a whistleblower and former employee of Penn State’s Applied Research Laboratory.  The settlement agreement provides some additional insight into the priorities of DoJ’s Civil Cyber Fraud Initiative (“CFI”) and the types of cybersecurity issues of interest to the Department.  It also highlights the extent to which DoJ is focusing on the full range of cybersecurity compliance obligations that exist in a company’s contract in enforcement actions.Continue Reading Penn State Agrees to Pay $1.25M in Settlement for Cybersecurity Non-Compliance False Claims Act Allegations

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 various government agencies to implement the Cyber EO from June 2021 through August 2024.  This blog describes key actions taken to implement the Cyber EO, as well as the U.S. National Cybersecurity Strategy, during September 2024.  We discuss developments during September 2024 to implement President Biden’s Executive Order on Artificial Intelligence in a separate post. Continue Reading September 2024 Developments Under President Biden’s Cybersecurity Executive Order and National Cybersecurity Strategy

On October 11, 2024, the U.S. Department of Defense (“DoD”) released an unpublished version of the Cybersecurity Maturity Model Certification (“CMMC”) Program Rule.  The final rule will be published in the Federal Register on October 15, 2024 and will become effective sixty days after publication.  This rule formally establishes the CMMC Program for DoD and is one of two complementary sets of regulations that govern operation of the Program.  Continue Reading Cybersecurity Maturity Model Certification (CMMC) Program Final Rule Announced

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 Office of Management and Budget (“OMB”) guidance, and subsequent blogs described the actions taken by various government agencies to implement the AI EO from November 2023 through August 2024.  This blog describes key actions taken to implement the AI EO during September 2024.  It also describes related developments in California related to the goals and concepts set out by the AI EO.  We will discuss developments during September 2024 to implement President Biden’s 2021 Executive Order on Cybersecurity in a separate post. Continue Reading September 2024 Developments Under President Biden’s AI Executive Order