Cyber Whistleblowing – New Risks and Exposures - McDermott Will & Emery

Cyber Whistleblowing – New Risks and Exposures


When US President Joe Biden signed the Infrastructure Investment and Jobs Act (IIJA) into law on November 15, 2021, $2 billion was allocated to strengthen the nation’s cyber defenses. With this heightened focus on cyber risk management, the US Department of Justice (DOJ), the US Securities and Exchange Commission (SEC) and other agencies have enlisted a powerful tool to assist in their efforts to protect critical data: whistleblowers.

Join members from our Privacy and Government Contracts teams as they discuss what this new breed of cyber whistleblowing looks like, how to manage their reports and the legal consequences under new cyber and enforcement regulations.

Discussion topics will include:

  • The emergence of cyber whistleblowers, program structures, what data is tracked in their reports and how it is shared.
  • The impact of the SEC’s proposed changes to whistleblower programs.
  • The Federal Trade Commission’s increased focus on Log4j, as well as other vulnerabilities and financial risks of noncompliance.
  • Special cyber whistleblowing risks for companies doing business with the federal government.
  • The DOJ’s Civil Cyber-Fraud Initiative and the risk of exposure to civil enforcement actions brought by the DOJ or private qui tam plaintiffs of False Claims Act/qui tam actions.
  • New EU cyber whistleblowing report channels.

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