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Moriah Daugherty

Moriah Daugherty advises clients on a broad range of cybersecurity and national security matters, with a particular focus on risk management and governance, regulatory compliance, incident response and crisis management, and internal and government investigations.

Moriah specializes in counseling clients on a variety of issues related to cybersecurity risk management and governance, including evaluating security controls, practices, and policies and preparing for cybersecurity incidents and data breaches, including the potential for related investigations, regulatory inquiries, and litigation. She regularly counsels clients on responding to a broad range of cybersecurity incidents, including breaches of personal data and incidents involving extortion and ransomware, targeting and theft of intellectual property by advanced persistent threats, and state-sponsored theft of sensitive U.S. government information.

Drawing on her government experience, Moriah leads cyber-related internal investigations and investigations conducted in response to government inquiries, whistleblower complaints, and threats of litigation, including matters involving allegations of noncompliance with U.S. government cybersecurity regulations and fraud under the False Claims Act.

Prior to becoming a lawyer, Moriah spent eight years working for the Federal Bureau of Investigation and U.S. Department of Justice.

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The Trump Administration appears likely to release an Executive Order on Cybersecurity.  The most recent draft suggests this Executive Order may have notable impact in the Communications, Energy, and Defense Industrial Base sectors.  However, it remains unclear if and when the current draft will be signed.

President Trump originally was scheduled to sign an Executive Order on Cybersecurity on February 1, 2017, but the signing was postponed.  The original draft Order, titled “Strengthening U.S. Cyber Security and Capabilities,” (the “first draft Order”) articulated a general policy focused on enhancing the nation’s cybersecurity defenses and capabilities, particularly with respect to specified federal systems and critical infrastructures.  Specifically, the first draft Order directed the Department of Defense (“DOD”) and Department of Homeland Security (“DHS”)—in coordination with representatives of the intelligence community—to accomplish three main goals.  First, to conduct a review of cybersecurity vulnerabilities in national security systems, federal networks, and critical civilian infrastructure systems.  Second, to identify the United States’ cyber adversaries.  Third, to conduct a review of the United States’ cybersecurity capabilities, including a review of “U.S. efforts to educate and train the workforce of the future.”

On Friday, February 10, 2017, a revised draft of the Executive Order was circulated.  The revised draft Order, now retitled “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure,” (the “Revised Order”) is significantly different from the first draft Order and more closely aligns with Executive Order 13636, “Improving Critical Infrastructure Security,” signed by President Obama on February 12, 2013.  Like Executive Order 13636, the Revised Order focuses on an agency-led, risk-based approach to cybersecurity and, in particular, requires federal agencies to adopt the NIST Framework for Improving Critical Infrastructure Cybersecurity (the “NIST Cybersecurity Framework”) to manage cybersecurity risk.  The Revised Order also delegates primary responsibility for developing a comprehensive risk management plan to the Executive Branch, specifically the Office of Management and Budget (“OMB”) and DHS.
Continue Reading Release of Cybersecurity EO May Have Notable Impact in Communications, Energy, and Defense Industrial Base Critical Infrastructure Sectors

On October 24, 2016, the U.S. Department of Transportation’s National Highway Traffic Safety Administration (“NHTSA”) announced the release of Cybersecurity Best Practices for Modern Vehicles, a non-binding, proposed guidance document designed to assist the automotive industry in improving motor vehicle cybersecurity and mitigating threats to safety.

The guidance is intended to apply broadly to “all individuals and organizations manufacturing and designing vehicle systems and software,” including entities that design, supply, manufacture, alter or modify motor vehicles or motor vehicle equipment.  The voluntary best practices described in the guidance are intended to “provide a solid foundation for developing a risk-based approach” to mitigating cybersecurity risks throughout the automotive industry.Continue Reading NHTSA Releases Proposed Cybersecurity Guidance for the Automotive Industry and Solicits Public Comment