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Susan B. Cassidy is a Chambers rated partner in the firm’s Government Contracts practice and is Co-Chair of the firm’s Aerospace and Defense Industry Group. Ms. Cassidy advises clients on the complex rules and regulations imposed on government contractors at all phases of the procurement cycle. She combines a sophisticated knowledge of the FAR and DFARS with the practical insight gained from senior in-house positions at both dedicated defense and commercial item contractors.
Ms. Cassidy has particular expertise in the complex regulatory intersection of cybersecurity and government contracts and regularly advises clients on the unique risks associated with a cyber incident involving sensitive government information. Ms. Cassidy also has an active practice counseling clients on a variety of supply chain issues, including Section 889, the Supply Chain Executive Order, counterfeit parts requirements, product exclusions, and DoD’s Cybersecurity Maturity Model Certification (CMMC). She is able to draw on both her knowledge and experience with the Defense Department and the Intelligence Community to help her clients navigate among the many government stakeholders whose interests may be impacted.
Ms. Cassidy 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.
Ms. Cassidy is a Public Contract Law Procurement Division Co-Chair, former Co-Chair and current Vice-Chair of the ABA PCL Cybersecurity, Privacy, and Data Protection Committee, a member of the Intelligence and National Security Alliance Legal Affairs Roundtable and of the National Defense Industrial Association’s Cybersecurity Committee. In 2018, the National Law Review selected Ms. Cassidy as a “Go-to Thought Leader” on the topic of Cybersecurity for Government Contractors. Prior to joining Covington, Ms. Cassidy served as in-house senior counsel at Northrop Grumman Corporation and Motorola Incorporated.
- Lead counsel on multiple internal investigations and disclosures with regard to DoD Cyber Incident Reporting, FAR mandatory disclosure obligations, the False Claims Act, national security requirements, the False Statements Act, the Anti-Kickback Act, the Byrd Amendment, and the Procurement Integrity Act. Representation and favorable resolution of investigations with Agency, OIG, DOJ, and SDO.
- Lead counsel conducting internal investigation and successful negotiations with government to clear client with regard to product substitution and MIL-SPEC compliance.
- Lead counsel advising defense contractors on responses to cyber incidents, including interface with DoD, law enforcement and forensic consultants.
- Numerous matters advising clients on the full spectrum of procurement and compliance obligations including, FAR and DFARS requirements, cybersecurity and supply chain risks, MIL-SPEC qualification and retention of qualification requirements, counterfeit part obligations, sourcing requirements (BAA and TAA), socio-economic requirements, CDA claims, TINA requirements, commercial item determinations, organizational conflicts of interest, cost allowability issues, technical data rights, M&A due diligence and novations, revolving door restrictions, ethics and business conduct issues, and the creation and implementation of government contracts compliance programs.
- 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.
- Lead counsel in post award bid protest successfully convincing agency to reopen procurement, allow opportunity for new proposal submissions, and ultimately change its decision and award to our client.
- Lead government contracts lawyer advising Fortune 100 financial services corporation on all aspects of federal novation and various state procurement restrictions on the transfer of assets in connection with the company's global reorganization of various business units.
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.
Memberships and Affiliations
- Intelligence and National Security Alliance - Legal Working Group
- Fellow - American Bar Foundation
- 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
March 17, 2020, Inside Government Contracts
As the fallout from COVID-19 continues, federal contractors in every industry are seeing significant impacts on their ability to perform, ranging from scheduling delays to supply chain interruptions and increased costs of performance. We previously addressed the rules and regulations governing excusable delays, which permit a contractor to avoid default if a ...
March 11, 2020, Inside Government Contracts
As the COVID-19 virus extends its global reach, defense contractors may be called upon to begin implementing their contracts’ mission-essential services plans. These plans, required by DFARS 252.237-7023, facilitate mission-essential functions in extended crisis situations, including pandemics, which are explicitly noted in the DFARS. As the coronavirus outbreak ...
March 6, 2020, Inside Government Contracts
The global spread of the COVID-19 virus may put many federal contractors at risk of missing contractual deadlines. In a growing number of cases, supply chains may become cut off, work spaces may be closed, or employees may need to stay home, all of which could impact a contractor’s ability to perform in a timely...… Continue Reading The post “Excuse Me, My ...
March 2020
As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are facing and develop plans and strategies in response. Reach out to our COVID-19 task force at COVID19@cov.com. Below is a compendium of resources ...
February 13, 2020, Inside Government Contracts
On January 31, the Department of Defense (“DoD”) released Version 1.0 of its Cybersecurity Maturity Model Certification (“CMMC”). This is the fourth iteration of the CMMC that DoD has publicly released since it issued the first draft in October, and it is intended to be the version that auditors will be trained against, and that...… Continue Reading The post A ...
February 5, 2020, Law360
Susan Cassidy is quoted in Law360 regarding the DoD’s implementation of cybersecurity requirements for defense contractors. Ms. Cassidy says that questions about the process, such as who will audit the thousands of contractors that need to be certified for cybersecurity compliance, how they will be audited and what options they will have if they disagree with an ...
February 4, 2020, Inside Government Contracts
On Friday January 31, 2020, Ellen Lord, Under Secretary of Defense for Acquisition and Sustainment, Kevin Fahey, Assistant Secretary of Defense for Acquisition, and Katie Arrington, the Chief Information Security Officer for the Department of Defense (“DoD”), briefed reporters on the release of the Cybersecurity Maturity Model Certification (“CMMC”) Version ...
Building an Effective Compliance Program to Mitigate Risk and Avoid Liability
January 27, 2020, ACI's 7th Annual Advanced Forum on False Claims and Qui Tam Enforcement Conference
January 2020, Government Contracting Law Report
December 17, 2019, Inside Government Contracts
On December 13, the Department of Defense (“DoD”) released the latest version of its Cybersecurity Maturity Model Certification (“CMMC”). This is the third iteration of the draft model that DoD has publicly released since it issued the first draft in October. (We previously discussed Version 0.4 and Version 0.6 of the CMMC in prior blog...… Continue ...
December 2019, Government Contracting Law Report
November 27, 2019, Covington Alert
The Department of Commerce (“the Department”) has issued a proposed rule implementing the May 15, 2019 Executive Order entitled “Securing the Information and Communications Technology and Services Supply Chain,” which we previously analyzed here. Once finalized and effective, the regulations will govern the process and procedures that the Secretary of Commerce ...
November 26, 2019, Inside Government Contracts
Last week, the FAR Council issued a Final Rule, setting forth new FAR provisions that require the reporting of certain counterfeit and suspect counterfeit parts and certain major or critical nonconformances to the Government – Industry Data Exchange Program (“GIDEP”).[1] This Final Rule comes more than five years after the rule was first proposed in...… ...
November 13, 2019, Inside Government Contracts
On November 7, the Office of the Assistant Secretary of Defense for Acquisition released Version 0.6 of its draft Cybersecurity Maturity Model Certification (CMMC) for public comment. The CMMC was created in response to growing concerns by Congress and within DoD over the increased presence of cyber threats and intrusions aimed at the Defense Industrial...… ...
November 6, 2019, Covington Alert
On November 5, 2019 the Department of Justice (DOJ) announced the launch of the “Procurement Collusion Strike Force” (PCSF). The creation of the PCSF marks a significant development in the government procurement enforcement landscape. Creation of the PCSF prioritizes the DOJ’s focus on government procurement offenses. As part of that effort, DOJ has launched a ...
October 24, 2019, Law360
Susan Cassidy spoke with Law360 about the Department of Defense’s goal for its Cybersecurity Maturity Model Certification (CMMC) and its impact on join bid contractors. Ms. Cassidy says such teaming arrangements are already complicated and can take years to put together for big defense procurements. Although the DOD has said cybersecurity compliance will be ...
October 2, 2019, Inside Government Contracts
The Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency’s (“CISA”) Information and Communications Technology (“ICT”) Supply Chain Risk Management Task Force (the “Task Force”) recently released an interim public report. The report describes the Task Force’s efforts over the last year to develop recommendations for securing the ...
Moderator, Insider Threats: Best Practices for Identifying Insider Threats and Protecting the Organization without Violating Whistleblower Protections
October 2019, Women, Influence & Power in Law Conference, Washington DC
September 11, 2019, Inside Government Contracts
Almost a year after Assistant Secretary of the Navy James Geurts issued his September 28, 2018 memorandum (Geurts Memo) imposing enhanced security controls on “critical” Navy programs, the Navy has issued an update to the Navy Marine Corps Acquisition Regulations Supplement (NMCARS) to implement those changes more formally across the Navy. Pursuant to this ...
September 11, 2019, Gov Info Security
Susan Cassidy, Samantha Clark, Ryan Burnette, and Ian Brekke are mentioned in Gov Info Security regarding their blog post analyzing the CMMC draft. "The guidance offers no insight into how DOD will determine the CMMC certification level required for each contract solicitation or whether it intends to standardize a process for making such determinations across ...
Covington Represents Peraton in Solers Acquisition
June 18, 2019
WASHINGTON—Covington is representing Peraton in its recently announced deal to acquire Solers, Inc., a leading provider of software development and systems integration for space situational awareness, satellite ground systems and operations, cybersecurity engineering, and enterprise cloud-based solutions. Covington is handling government contracts, national ...
June 14, 2019, Government Contracting Law Report
May 16, 2019, Covington Alert
We are writing to provide an update on two important developments in U.S. national security-based regulation of trade: (1) a new, potentially expansive Executive Order on information and communications technology supply into the U.S. market, and (2) the Department of Commerce’s action to add Huawei to the Entity List.
May 2019, Government Contracting Law Report
2019, American Bar Association
Our cross-disciplinary Internet of Things initiative contributed to the ABA's first book on IoT, The Internet of Things: Legal Issues, Policy, & Practical Strategies. Laura Kim and Jennifer Johnson authored the chapter “U.S. Regulatory Framework for IoT,” with contributions from Sarah Wilson (product safety); Wade Ackerman, Elizabeth Guo, Christopher Hanson, ...
February 4, 2019, Federal News Network
Susan Cassidy is quoted in Federal News Network regarding the Department of Defense’s tightening of cybersecurity enforcement regulations on contractors. Ms. Cassidy says, “DoD wants to get everyone to a certain cybersecurity level. Now they are tightening up and they are going to make it a performance and award differentiator.” She said before an award, ...
January-February 2019, The Journal of Robotics, Artificial Intelligence & Law
October 2018, Contractor's Guide to International Procurement, American Bar Association
Who’s in Your Supply Chain? Contractors Face Increasing Compliance Obligations and Restrictions
August 30, 2018, Covington Alert
How well do you actually know your supply chain—from the materials you acquire to the software you include in your products or services? If you have not answered this question recently, you should consider adding it to your “to do” list. Not only does the U. S. Government want to know, it is increasingly imposing new compliance obligations on its contractors.
CYBERSECURITY: A Simulation Highlighting the Most Prevalent Competing Interests -- Security, Compliance, and Legal Risk
June 18, 2018, Virginia State Bar Annual Meeting
ISO and U.S. NIST Focus on Privacy by Design
May 15, 2018, Global Data Review
Susan Cassidy is quoted in a Global Data Review article regarding the focus on privacy by design by the International Organization for Standardization and the U.S. National Institute of Standards and Technology. Cassidy says that the anecdotal evidence she has from speaking to her private sector clients is that they are increasingly considering NIST guidelines, ...
May 1, 2018
WASHINGTON—Covington advised Elbit Systems Ltd. in its $120 million acquisition of the assets and operations of the privately owned U.S. company, Universal Avionics Systems. Elbit Systems is an international high technology company engaged in a wide range of defense, homeland security, and commercial programs throughout the world. Universal Avionics is a ...
March 26, 2018, Thomson Reuters' Westlaw Journal Government Contracts
March 19, 2018, Covington Advisory
Cyberattacks targeting defense contractors illustrate the need for cybersecurity, for thoughtful planning—and for insurance when security and planning prove insufficient. Understanding your insurance policies before things go wrong can help ensure financial protection when they do.
Feds to Ramp Up Online Purchasing Presence
January 22, 2018, E-Commerce Times
Susan Cassidy is quoted in an E-Commerce Times article regarding efforts to create an online marketplace for government purchasers. "One model that was discussed would require a portal provider to contract with GSA to provide an online interface. Under this approach, suppliers would then sign up to use the portal, potentially via a contract with the portal ...
Russian hacker claims there's proof of his DNC breach
January 2, 2018, Politico
Susan Cassidy is quoted in Politico Pro's "Morning Cybersecurity" newsletter regarding the December 31st deadline for defense contractors to meet minimum cybersecurity requirements for the systems they operate for the Pentagon. According to Cassidy, the cybersecurity rule presents “a problem for DoD because there’s a lot of subjectivity in what is ‘adequate ...
Complying with the FAR and DFARS Cybersecurity Requirements
December 8, 2017, ABA Webinar
December 2017, Pratt's Government Contracting Law Report
Aerospace Up Against Deadline on Cybersecurity
November 24, 2017, Los Angeles Business Journal
Susan Cassidy is quoted in a Los Angeles Business Journal article regarding the difficulties that some defense contractors in Southern California were facing trying to meet the Department of Defense deadline of December 31, 2017 for implementing the cybersecurity controls in NIST Special Publication 800-171. Cassidy notes that the definition of the information ...
November 2017, Pratt's Government Contracting Law Report
October 31, 2017, Bloomberg Government
Susan Cassidy is quoted in a Bloomberg Government article regarding contractors' efforts to comply with new cybersecurity standards. According to Cassidy, the mandate that contractors develop cybersecurity plans—the most recent requirement added to the NIST list—is crucial for contractors. Contractors must “develop, document, and periodically update system ...
October 2017, Pratt's Government Contracting Law Report
Pentagon demands contractors up cybersecurity
July 2, 2017, San Antonio Express-News
Susan Cassidy is quoted in a San Antonio Express-News article regarding new cybersecurity requirements for contractors. According to Cassidy, "Essentially, the DOD wants its contractors to protect its information, because the DOD is a huge target, and its contractors are also a target." Commenting on the fact that over the years, contractors have been working ...
July 2017, Pratt's Government Contracting Law Report
Cybersecurity in Practice: Strategies for Complying with Changing Cyber Contracting Regulations
June 2017, ACI 8th Advanced Forum on DCAA & DCMA Cost, Pricing, Compliance & Audits
March 2017, Pratt's Government Contracting Law Report
February 28, 2017
WASHINGTON—Covington represented semiconductor manufacturer Intersil Corporation in its $3.2 billion sale to Japan’s Renesas Electronics Corporation. The firm advised Intersil on aspects of the transaction involving Committee on Foreign Investment in the United States (CFIUS), Foreign Ownership, Control, or Influence (FOCI), trade controls, and government ...
January 17, 2017, Federal Contracts Report
Susan Cassidy is quoted in a Federal Contracts Report article regarding the fate of cybersecurity improvements made by the DoD under President Trump. According to Cassidy, “I would expect those to continue forward because I don't see a political will to say, ‘No you shouldn't protect this.’” The nomination of former Sen. Dan Coats (R-Ind.) to serve as director ...
January 2017, Pratt’s Government Contracting Law Report
November 2016, Government Contracting Law Report
October 25, 2016, Inside Government Contracts
On October 21, 2016, the Department of Defense (DoD) issued its long-awaited Final Rule—effective immediately—imposing safeguarding and cyber incident reporting obligations on defense contractors whose information systems process, store, or transmit covered defense information (CDI). The Final Rule...
DOD Updates Cyber Reporting Rule for Contractors
October 3, 2016, Federal Contracts Report
Susan Cassidy is quoted in a Federal Contracts Report article regarding the Defense Department’s updated cyber incident reporting rule. According to Cassidy, the rule succeeded in clarifying some industry concerns, but did not address them all. “They didn't take an opportunity to clarify everything you might have hoped they would.” For example, when asked ...
September 19, 2016, Covington Alert
On September 14, 2016, the National Archives and Record Administration (NARA) issued the “Controlled Unclassified Information Final Rule” (Final Rule), effective November 13, 2016, establishing consistent practices and procedures for safeguarding, disseminating, controlling, destroying, and marking Controlled Unclassified Information (CUI) across Executive ...
Cybersecurity: Steps to Take Before, During, and After an Incident
September 14, 2016, 2016 Covington Government Contracts Briefing: Solving Problems, Securing Opportunities
August 19, 2016, Inside Defense
Susan Cassidy is quoted in an Inside Defense article regarding the DOD’s proposed rule change to implement sections of the National Defense Authorization Acts for Fiscal Years 2013 and 2016 relating to commercial item acquisitions. According to Cassidy, "They were going to take out the 'of a type' commercial item, and that's been a big deal with DOD for a long ...
June 17, 2016, Covington Alert
In Universal Health Services Inc. v. U.S. ex rel. Escobar, No. 15-7 (Slip. Op. June 16, 2016), a unanimous Supreme Court affirmed the viability of the “implied false certification” theory of False Claims Act liability, at least in certain circumstances. This portion of the ruling was not unexpected given the overwhelming acceptance of implied certification among ...
May 31, 2016, Inside Cybersecurity
Susan Cassidy participated in a panel discussion at the annual cybersecurity conference at Georgetown University Law Center and is quoted in this Inside Cybersecurity article regarding the limited scope of liability protections under the new cyber info-sharing law. According to Cassidy, "Anything you create could be used in litigation against you," in referring ...
Information Sharing: You Want to Share What With Whom?
May 25, 2016, Panelist Speaker, Georgetown University 4th Annual Cybersecurity Law Institute
DOD Responds to Some Concerns About Supply Chain Rule
November 3, 2015, BNA Government Contracts
Susan Cassidy was quoted in this article.
November 2, 2015, Covington Alert
DoD Issues Interim Rule Addressing New Requirements for Cyber Incidents and Cloud Computing Services
August 27, 2015, Covington Alert
August 27, 2015, Inside Cybersecurity
Susan Cassidy was quoted in this article.
August 13, 2015, Inside Cybersecurity
Susan Cassidy was quoted in this article.
June 17, 2015, Bloomberg BNA Federal Contracts Report
Cybersecurity and supply chain considerations in procurement, and counsel’s role in mitigating risk
June 9, 2015, Inside Cybersecurity
Covington's David Fagan and Susan Cassidy have authored this article for Inside Cybersecurity.
December 11, 2014, American Bar Association
Self-Reporting Is All The Rage In Recent Contractor Regs
August 25, 2014, Law360
Susan Cassidy was quoted in this article.
Inside The Proposed DFARS Business Systems Rule
July 22, 2014, Law360
Susan Cassidy, Scott Freling and Kayleigh Scalzo have co-authored this article about the U.S. Department of Defense issuing a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) in order to improve the efficiency and effectiveness of auditing contractors’ accounting systems, estimating systems, and material management and ...
July 13, 2014, The Washington Post
Covington partner Susan Cassidy is quoted regarding a recent court decision by the Fourth Circuit that is set to change how much contractors who mislead the government face in potential penalties. "That potential windfall acts as a strong incentive for people to file suits on behalf of the government, said Susan Cassidy, a partner at law firm Covington & ...
July 7, 2014, National Defense Magazine
Susan Cassidy and Mike Wagner authored this article on the increase of "false claims" suits. Under a recent court decision by the Fourth Circuit, a federal government contractor may suddenly find itself facing potentially massive liability based solely on the number of invoices submitted in previous years, even if every one of those invoices was entirely ...
July 5, 2014, National Defense Magazine
July 3, 2014, Law360
Susan Cassidy and Mike Wagner write on the False Claims Act in this article for Law360: "For the past four years, FCA enforcement has focused most heavily on the health care industry, recovering more than $2 billion a year in cases involving health care fraud. This article discusses a recent FCA ruling by the Fourth Circuit that, if allowed to stand, could ...
May 9, 2014, Covington E-Alert
April 28, 2014, Bloomberg BNA
Covington partner Susan Cassidy was interviewed for Bloomberg BNA regarding the General Services Administration's draft plan to manage cybersecurity risks in the federal acquisition process. The article states: “When you read the actual proposal from GSA, it's hard to figure out what they are going to do,” Covington & Burling LLP Partner Susan Cassidy said. ...
February 13, 2014, Covington E-Alert
January 29, 2014, Covington E-Alert
January 21, 2014, Covington E-Alert
January 9, 2014, Covington E-Alert
Cybersecurity Hot Spots: The Evolving Role of Cybersecurity in Federal Acquisitions
December 13, 2013, Panelist, American Bar Association, Section of Public Contract Law, Annual Fall Meeting
November 21, 2013, Covington E-Alert
April 8, 2013, Covington E-Alert
April 2013, The Procurement Lawyer
February 12, 2013, Covington E-Alert
August 29, 2012, Covington E-Alert
July 31, 2012, Covington E-Alert
July 2, 2012
WASHINGTON, DC, July 2, 2012 — Covington & Burling is bolstering its government contracts practice by adding Susan Cassidy as a partner in its Washington, D.C. office. This marks Covington’s second high-profile addition to its government contracts practice in recent months and underscores the firm’s strong commitment to expand in this area of law. Robert Nichols ...
- Chambers USA, Government Contracts (2019)
- 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 (2015-2019)
- Who's Who Legal, Government Contracts USA (2018, 2019)
- Law360, Government Contracts Editorial Advisory Board (2014)
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