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Ashden Fein 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.

For cybersecurity matters, Mr. Fein 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. Mr. Fein 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, and destructive attacks.

Additionally, Mr. Fein assists clients from across industries with leading internal investigations and responding to government inquiries related to the U.S. national security. He also 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, and requirements related to supply chain security.

Before joining Covington, Mr. Fein 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.

Mr. Fein currently serves as a Judge Advocate in the U.S. Army Reserve.

This is the sixth in the 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 second, third, fourth, and fifth blogs described the actions taken by various federal agencies to implement the EO during June, July, August, and September 2021, respectively.  This blog summarizes key actions taken to implement the Cyber EO during October 2021.

Although the recent developments this month are directly applicable to the U.S. Government, the standards being established for U.S. Government agencies could be adopted as industry standards for all organizations that develop or acquire software similar to various industries adopting the NIST Cybersecurity Framework as a security controls baseline.
Continue Reading October 2021 Developments Under President Biden’s Cybersecurity Executive Order

On September 21, 2021, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued an “Updated Advisory on Potential Sanctions Risks for Facilitating Ransomware Payments” (the “Updated Advisory”).  The Updated Advisory updates and supersedes an earlier OFAC Advisory released on October 1, 2020, and is directed toward not only organizations victimized by ransomware attacks, but also financial institutions, cyber insurance firms, and forensic and incident-response firms that assist organizations victimized by ransomware attacks.

The Updated Advisory is largely consistent with the previous version released in October 2020, restating the U.S. government’s opposition to ransomware victims making payments to cyber threat actors and making clear OFAC’s commitment to bringing enforcement actions in connection with such payments when they constitute U.S. sanctions violations.  However, the Updated Advisory adds important new guidance on “the proactive steps companies can take to mitigate [sanctions enforcement] risks,” including implementing strong cybersecurity practices before an attack; and promptly reporting a ransomware attack to, and engaging in timely and ongoing cooperation with, law enforcement or other relevant agencies.  Taking these steps would constitute “mitigating factors” in any OFAC enforcement action resulting from sanctions violations in connection with ransomware payments.

In conjunction with the new Advisory, OFAC for the first time designated for sanctions a Russian cryptocurrency exchange, SUEX OTC, that OFAC alleges has been involved in facilitating numerous ransomware payments for malicious cyber actors.  As a result of this designation, U.S. persons (that is, all individual U.S. citizens and permanent residents, U.S.-incorporated entities and their branch offices, and anyone physically within the United States) are now prohibited from engaging in or facilitating virtually all transactions with or involving SUEX OTC.


Continue Reading OFAC Issues Updated Guidance on Ransomware Payments

On September 30, 2020, the Cybersecurity and Infrastructure Security Agency (“CISA”) and the Multi-State Information Sharing and Analysis Center (“MS-ISAC”) released a joint guide synthesizing best practices to prevent and respond to ransomware.  This guide was published the day before OFAC and FinCEN released their coordinated guidance on ransomware attacks that we previously summarized here.

Ransomware is malware that encrypts data on a victim’s device, thus rendering the data inaccessible, until a ransom is paid in exchange for decryption.  Both the nature and scope of ransomware incidents have become “more destructive and impactful” in recent years.  In particular, tactics of malicious actors include threatening to release stolen data or publicly naming victims as part of the extortion.  Accordingly, the guide encourages organizations to take proactive efforts to manage risks posed by ransomware and recommends a coordinated response to mitigate its impact.
Continue Reading CISA and MS-ISAC Release Joint Guide on Ransomware

In response to the COVID-19 outbreak, several U.S. government entities have released warnings about a rise in scams and fraudulent activity connected to the outbreak.  In a recent bulletin, the FBI warned of a rise in phishing emails, counterfeit treatments or equipment for COVID-19 preparedness, and fake emails from the Centers for Disease Control and Prevention (CDC) purporting to provide information about the outbreak.  The FTC, meanwhile, has released not only a general overview of the steps that it is taking to combat scams related to COVID-19, but has also provided a specific list of seven types of COVID-19 scams that it has observed targeting businesses.  More information about these scams, and guidance from the FBI and FTC on how to protect against and respond to some of the most common risks, is below.
Continue Reading COVID-19 Cybersecurity Advice: FTC and FBI Provide Guidance on Cybersecurity Scam Trends and Preventive Measures

In response to the drastic increase of U.S. employees working remotely, the U.S. Federal Trade Commission (“FTC”) and the U.S. National Institute of Standards and Technology (“NIST”) have both issued guidance for employers and employees on best practices for teleworking securely.  In addition, the Cybersecurity and Infrastructure Security Agency (“CISA”) has provided advice on identifying essential workers, including IT and cybersecurity personnel, in critical infrastructure sectors that should maintain normal work schedules if possible.  Each set of guidance is discussed in further detail below.
Continue Reading COVID-19 Cybersecurity Advice: FTC, NIST, and CISA Release Guidance on Secure Teleworking and Critical Infrastructure Jobs

On Friday, September 6, 2019, our Government Contracts practice posted an article on Inside Government Contracts about the U.S. Department of Defense’s recent release of its draft Cybersecurity Maturity Model Certification (“CMMC”) for public comment.

The CMMC was created in response to growing concerns by Congress and within the U.S. Department of Defense over the

Today, Susan Cassidy, Ashden Fein, Moriah Daugherty, and Melinda Lewis posted an article on Inside Government Contracts about the June 19, 2019 announcement by the National Institute of Standards and Technology (“NIST”) of the long-awaited update to Special Publication (“SP”) 800-171 Rev. 1, Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations.

The update

On May 13, 2019, China’s State Administration for Market Regulation (“SAMR”) released three core national standards related to the country’s Cybersecurity Multi-level Protection Scheme (“MLPS”), describing technical and organizational controls that companies must follow when complying with MLPS-related obligations under the Cybersecurity Law (“CSL”).  These standards, which are commonly referred to as the “MLPS 2.0

On September 30, 2018, China’s Ministry of Public Security (“MPS”) released the Regulation on the Internet Security Supervision and Inspection by Public Security Organs (the “Regulation”;《公安机关互联网安全监督检查规定》), which will take effect on November 1, 2018.

Continue Reading China Releases New Regulation on Cybersecurity Inspection

On June 27, 2018, China’s Ministry of Public Security (“MPS”) released for public comment a draft of the Regulations on Cybersecurity Multi-level Protection Scheme (“the Draft Regulation”). The highly anticipated Draft Regulation sets out the details of an updated Multi-level Protection Scheme, whereby network operators (defined below) are required to comply with different levels of