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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.

On June 22, the leaders of the cybersecurity agencies in Australia, Canada, New Zealand, the UK, and the U.S. issued a joint statement calling for an “urgent” focus on cyber resilience in anticipation of “frontier AI models . . . exceed[ing] current industry expectations” and “fundamentally transforming both offensive and defensive cyber capabilities” within a timeline of “months.”  The frontier AI models referenced in the statement are the latest generation of advanced AI models that are capable of identifying and exploiting security vulnerabilities, which may result in an increased cadence of cybersecurity intrusions and data loss.  In light of the growing capabilities of these models, the statement encourages organizations to avoid treating cyber risk “as a purely technical issue” or an “IT issue” and instead take a “whole-of-organization” approach to cyber resilience that treats it as a “core business risk and leadership responsibility” that is “central to operational continuity and market trust.”  The statement also proposes several “urgent” practical actions that organizations can take to reduce risk, many of which were also discussed in our recent client alert regarding key considerations for lawyers addressing cyber risks posed by frontier models. 

Continue Reading Five Eyes Cybersecurity Agencies Issue Statement Regarding AI-Related Shifts in Cybersecurity Risks, Urging Organizational Leaders to “Act Now”

On June 10, the Cybersecurity & Infrastructure Security Agency (CISA) released Binding Operational Directive (BOD) 26-04 on Prioritizing Security Updates Based on Risk and the accompanying Implementation Guidance. In releasing the BOD and Implementation Guidance, CISA noted that the documents are “part of CISA’s response to the current threat

Continue Reading CISA Releases Binding Operational Directive on Prioritizing Security Updates Based on Risk

On June 2, 2026, the White House issued an executive order titled “Promoting Advanced Artificial Intelligence Innovation and Security” (the “Order”).  The Order reflects the Administration’s stated policy of advancing U.S. leadership in artificial intelligence (“AI”) while addressing national security risks associated with increasingly capable AI systems.  To

Continue Reading White House Releases Executive Order on Advanced AI Innovation and Security

On May 26, 2026, the Cybersecurity & Infrastructure Security Agency (“CISA”), announced a revised schedule of virtual town halls as part of its rulemaking implementing the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“CIRCIA”).  These town halls were initially scheduled for March and April 2026 but were delayed by the lapse in funding for the Department of Homeland Security that ended on April 30, 2026, and are now scheduled to begin on June 15, 2026.  The “specific topics of interest” CISA highlighted in its original announcement remain unchanged.

Continue Reading CISA Announces Revised Schedule of Town Halls for CIRCIA Rulemaking

On March 6, 2026, the Administration released “President Trump’s Cyber Strategy for America” alongside an Executive Order (entitled “Combating Cybercrime, Fraud, and Predatory Schemes Against American Citizens”) and accompanying Fact Sheet.  The framework set forth in the Strategy document is significantly shorter and higher-level than the prior

Continue Reading White House Releases New National Cyber Strategy and Executive Order

On January 28, 2026, the U.S. Cybersecurity and Infrastructure Security Agency (CISA) published a new resource on Assembling a Multi-Disciplinary Insider Threat Management Team.  The guidance is intended to assist critical infrastructure stakeholders, which includes private sector entities across various sectors, with implementing an insider threat mitigation program that combines physical security, cybersecurity, personnel awareness, and community partnerships.  Although framed for critical infrastructure, CISA’s guidance is relevant to a broader range of organizations, including those outside of critical infrastructure sectors—a point echoed in Covington’s 2025 insider threat webinar series, discussed further below.

Continue Reading CISA Releases New Guidance on Assembling Multi-Disciplinary Insider Threat Management Teams

Earlier this month, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) announced a series of public town hall meetings to solicit additional stakeholder input on the Notice of Proposed Rulemaking (“Proposed Rule”) implementing the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“CIRCIA”), which CISA published in April 2024.

Continue Reading CISA Announces Town Halls to Gather Input on CIRCIA Proposed Rule

The Cybersecurity Information Sharing Act of 2015 (“CISA 2015”), which provides liability protections and other safeguards for sharing certain cybersecurity information with the U.S. federal government and private entities, was reauthorized as part of the funding bill enacted on February 3, 2026. CISA 2015’s information‑sharing provisions, which had been scheduled to sunset on January 30, 2026, will now remain in effect through September 30, 2026.

Continue Reading Cybersecurity Information Sharing Act of 2015 Reauthorized Through September 2026

The Federal Trade Commission (FTC) recently announced that it agreed to proposed consent orders with two companies that experienced recent cybersecurity incidents, Illuminate Education (“Illuminate”) and Illusory Systems, which does business as Nomad (“Illusory”), to resolve allegations that both companies’ information security practices had violated Section 5 of the FTC

Continue Reading FTC Announces 10-Year Information Security Consent Orders with Illuminate Education and Illusory Systems

On December 11, 2025, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) released its Cybersecurity Performance Goals 2.0 (“CPG 2.0”), an update to its core set of recommended cybersecurity practices for critical infrastructure owners and operators, which we previously wrote about here.  Established by the 2021 National Security Memorandum

Continue Reading CISA Releases Cybersecurity Performance Goals 2.0 for Critical Infrastructure