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Susan B. Cassidy

Partner

Washington +1 202 662 5348

  • About
  • Representative Matters
  • Credentials
  • About

    Susan is co-chair of the firm’s Aerospace and Defense Industry Group and is a partner in the firm’s Government Contracts and Cybersecurity Practice Groups. She previously served as in-house counsel for two major defense contractors and advises a broad range of government contractors on compliance with FAR and DFARS requirements, with a special expertise in supply chain and cybersecurity requirements. She has an active investigations practice and advises contractors when faced with cyber incidents involving government information. Susan relies on her expertise and experience with the Defense Department and the Intelligence Community to help her clients navigate the complex regulatory intersection of cybersecurity, national security, and government contracts. She is Chambers rated in both Government Contracts and Government Contracts Cybersecurity. In 2023, Chambers USA quoted sources stating that “Susan's in-house experience coupled with her deep understanding of the regulatory requirements is the perfect balance to navigate legal and commercial matters.”

    Her clients range from new entrants into the federal procurement market to well established defense contractors and she provides compliance advices across a broad spectrum of procurement issues. Susan consistently remains at the forefront of legislative and regulatory changes in the procurement area, and in 2018, the National Law Review selected her as a “Go-to Thought Leader” on the topic of Cybersecurity for Government Contractors.

    In her work with global, national, and start-up contractors, Susan advises companies on all aspects of government supply chain issues including:

    • Government cybersecurity requirements, including the Cybersecurity Maturity Model Certification (CMMC), DFARS 7012, and NIST SP 800-171 requirements,
    • Evolving sourcing issues such as Section 889, counterfeit part requirements, Section 5949 and limitations on sourcing from China
    • Federal Acquisition Security Council (FASC) regulations and product exclusions,
    • Controlled unclassified information (CUI) obligations, and
    • M&A government cybersecurity due diligence.

    Susan has an active internal investigations practice that assists clients when allegations of non-compliance arise with procurement requirements, such as in the following areas:

    • Procurement fraud and FAR mandatory disclosure requirements,
    • Cyber incidents and data spills involving sensitive government information,
    • Allegations of violations of national security requirements, and
    • Compliance with MIL-SPEC requirements, the Qualified Products List, and other sourcing obligations.

    In addition to her counseling and investigatory practice, Susan has considerable litigation experience and has represented clients in bid protests, prime-subcontractor disputes, Administrative Procedure Act cases, and product liability litigation before federal courts, state courts, and administrative agencies.

    Susan is a former Public Contract Law Procurement Division Co-Chair, former Co-Chair and current Vice-Chair of the ABA PCL Cybersecurity, Privacy and Emerging Technology Committee.

    Prior to joining Covington, Susan served as in-house senior counsel at Northrop Grumman Corporation and Motorola Incorporated.

    Areas of Expertise

  • Practices and Industries
  • Representative Matters
    • Advise numerous contractors on cybersecurity, supply chain and government sourcing requirements, including counseling on disclosure requirements, drafting appropriate policies, and working to develop procedures for compliance.
    • Lead counsel on internal investigations of decades of non-compliance with MIL SPEC requirements for chemical products. Advised client on disclosure obligations, strategized on approaching government stakeholders, and obtained affirmative finding of responsibility from SDO with no intervention by DoJ.
    • Lead government contracts counsel on MIL-SPEC whistleblower case involving non-compliance allegations with component parts. Worked with multi-disciplinary team of government contracts and white collar lawyers to obtain criminal declination, assist client in achieving regulatory compliance, and negotiate a settlement limited to 10% of government demands for damages.
    • Lead counsel investigating allegations of noncompliance with FOCI requirements and spills of sensitive government information. Counseled on appropriate disclosures to regulator stakeholders and remediation measures, with the result of no actions being taken against client.

    • Lead government contracts counsel investigating and advising defense contractor on allegations of improper disclosure of classified information. Working with a team of national security and cybersecurity lawyers, negotiated with agency and SDO to avoid debarment, obtain a reasonable administrative agreement and assist in remediation of the government’s concerns.
    • Lead government contracts counsel on numerous cyber incidents ranging from nation state attacks, ransomware incidents, to insider threats. Work on interdisciplinary teams to provide government contracts counsel and advice as to reporting obligations and national security requirements.
    • Lead government contracts counsel advising top-ten defense contractor on a multi-million-dollar prime-subcontractor dispute in connection with a NATO contract.
    • Lead government contracts counsel representing top 25 defense contractor in a state court appeal of a quarter billion dollar adverse judgment in a prime-subcontractor dispute involving cost or pricing data compliance allegations.
    • Lead government contracts counsel advising client with regard to government investigation of export violations with regards to manufacturing in China. Worked with white collar lawyers to achieve criminal declination, minimal civil damages, and avoid suspension and debarment.
    • Lead government contracts counsel on numerous M&A transactions addressing cybersecurity due diligence.

    Areas of Expertise

  • Credentials
    Education
    • American University, Washington College of Law, J.D., 1988
        • cum laude
        • American University Law Review, Note and Comment Editor
        • American University Honor Society
    • University of Massachusetts Lowell, B.S., 1985
        • magna cum laude
    Bar Admissions
    • District of Columbia
    • Massachusetts
    Pro Bono
    • Represent multiple U.S. veterans in various benefits applications.
    • Successfully represented non-profit agency in grant award negotiations with the Department of State.
    • Successfully resolved payment dispute for non-profit victim assistance agency against government entity allowing non-profit to continue operating.
    • Advised non-profit organization on DC procurement rules and requirements for competitive bid.
    • Successfully convinced Department of Justice to release documents in FOIA litigation that were essential to underlying action against the Department of Housing Urban and Development.
    Accolades
    • Chambers USA, Government Contracts (2019-2023) and Government Contracts - Cybersecurity (2023)
    • National Law Review, “2018 Go-To Thought Leader," Cybersecurity for Government Contractors (2018)
    • Legal 500 US, Government Contracts (2016-2017) 
    • Washington DC Super Lawyers, Government Contracts (2015-2023)
    • Who's Who Legal, Government Contracts USA (2018, 2019), Global Leader (2020)
    • Law360, Government Contracts Editorial Advisory Board (2014)
    Memberships and Affiliations
    • American Bar Association - Public Contract Law Section, Division Co-Chair (2018-2019, 2019-2020)
    • American Bar Association – Public Contract Law Section; Co-Chair - Cybersecurity, Privacy and Data Protection Committee (2014-2018); Vice Chair (2018-2019)
    • American Bar Association – Public Contract Law Section; Member - Counterfeit Parts Task Force (Acquisition Reform & Emerging Issues Committee)
    • American University, Washington College of Law, Adjunct Professor of Law (2009-2013, Spring 2015)
    • National Defense Industrial Association Cyber Division Cyber Legal Regulatory Policy Committee
    Previous Experience
    • Northrop Grumman Corporation, Information Systems Sector, Senior Counsel
    • Motorola, Inc., U.S. Federal Government Markets Division, Senior Counsel

    Areas of Expertise

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