Photo of Micaela McMurrough

Micaela McMurrough

Micaela McMurrough has represented clients in high-stakes antitrust, patent, trade secrets, contract, and securities litigation, and other complex commercial litigation matters, and serves as co-chair of Covington’s global and multi-disciplinary Internet of Things (IoT) group. She also represents and advises domestic and international clients on cybersecurity and data privacy issues, including cybersecurity investigations and cyber incident response. Micaela has advised clients on data breaches and other network intrusions, conducted cybersecurity investigations, and advised clients regarding evolving cybersecurity regulations and cybersecurity norms in the context of international law.

In 2016, Micaela was selected as one of thirteen Madison Policy Forum Military-Business Cybersecurity Fellows. She regularly engages with government, military, and business leaders in the cybersecurity industry in an effort to develop national strategies for complex cyber issues and policy challenges. Micaela previously served as a United States Presidential Leadership Scholar, principally responsible for launching a program to familiarize federal judges with various aspects of the U.S. national security structure and national intelligence community.

Prior to her legal career, Micaela served in the Military Intelligence Branch of the United States Army. She served as Intelligence Officer of a 1,200-member maneuver unit conducting combat operations in Afghanistan and was awarded the Bronze Star.

The New York City Department of Consumer and Worker Protection (“DCWP”) recently issued a Notice of Adoption of Final Rule (“Final Rule”) relating to the implementation of New York City’s law regulating the use of automated employment decision tools (“AEDT”) by NYC employers and employment agencies.

NYC’s Local Law 144 now takes effect on July 5, 2023.  As discussed in our prior post, Local Law 144 prohibits employers and employment agencies from using certain Artificial Intelligence (“AI”) tools in the hiring or promotion process unless the tool has been subject to a bias audit within one year prior to its use, the results of the audit are publicly available, and notice requirements to employees or job candidates are satisfied.

The issuance of DCWP’s Final Rule follows the prior release of two sets of proposed rules in September 2022 and December 2022.  The Final Rule’s most significant updates from the December 2022 proposal include an expansion of the definition of AEDTs and modifications to the requirements for bias audits.  Key provisions of the Final Rule are summarized below.Continue Reading NYC Artificial Intelligence Rule to Take Effect July 5, 2023: New York City Issues Final Rule Regulating the Use of AI Tools by Employers

Last week, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) released guidance on Security-by-Design and Security-by-Default principles for technology manufacturers that was jointly developed by the Federal Bureau of Investigation and the National Security Agency, as well as cybersecurity authorities in Australia, Canada, United Kingdom, Germany, Netherlands, and New Zealand.  While similar principles have been published in the past, such as those released by the U.S. Federal Trade Commission, this guidance builds on the White House’s recent roll-out of the U.S. National Cybersecurity Strategy and is in line with efforts to encourage a consistent, international approach to software security that emphasizes the responsibilities of software manufacturers across various jurisdictions.  While the guidance primarily focuses on recommendations for technology manufacturers, it also includes recommendations for enterprise customers to “hold their supplying technology manufacturers accountable for the security outcomes of their products.”  CISA and the authoring agencies are seeking feedback on the guidance, and indicated plans to hold future listening sessions to collect feedback. Continue Reading CISA Publishes International Guidance on Implementing Security-by-Design and Security-by-Default Principles for Software Manufacturers and Customers

On March 16, 2023, the Federal Energy Regulatory Commission (“FERC”) approved a new Reliability Standard “adding new requirements focused on supply chain risk management for low impact bulk electric system (“BES”) Cyber Systems.”  Continue Reading FERC Approves New Cybersecurity Requirements for Low Impact Bulk Electric Systems

On March 21, 2023, the United States Cybersecurity and Infrastructure Security Agency (“CISA”) announced the issuance of updated Cybersecurity Performance Goals (“CPGs”).  The CPGs, which were originally released in October 2022, are intended to establish a set of fundamental cybersecurity practices to be voluntarily implemented by critical infrastructure owners and operators across all critical infrastructure sectors.  The CPGs apply to both information technology (“IT”) and operational technology (“OT”) and are designed to reduce risk related to known, high-impact cyber threats and adversarial tactics, techniques, and procedures (“TTPs”).Continue Reading CISA Releases Revised Cybersecurity Performance Goals for Critical Infrastructure

On March 3, 2023, the United States Environmental Protection Agency (“EPA”) published a memorandum requiring states to evaluate the cybersecurity of operational technology used by public water systems (“PWSs”) “when conducting PWS sanitary surveys or through other state programs.”  EPA’s memorandum “interprets the regulatory requirements relating to the conduct of sanitary surveys to require that

On March 7, 2023, the United States Transportation Security Administration (“TSA”) announced the issuance of new cybersecurity requirements for airport and aircraft operators on an emergency basis.  “The new emergency amendment requires that impacted TSA-regulated entities develop an approved implementation plan that describes measures they are taking to improve their cybersecurity resilience and prevent disruption and degradation to their infrastructure.”Continue Reading TSA Issues New Cybersecurity Requirements for Airport and Aircraft Operators

The United States National Cybersecurity Strategy, released on March 2, 2023, is poised to place significant responsibility for cybersecurity on technology companies, federal contractors, and critical infrastructure owners and operators.  The Strategy articulates a series of objectives and recommended executive and legislative actions that, if implemented, would increase the cybersecurity responsibilities and requirements of these types of entities.  The overall goal of the Strategy is to create a “defensible, resilient digital ecosystem” where the costs of an attack are more than the cost of defending those systems and where “neither incidents nor errors cascade into catastrophic, systemic consequences.”  The Strategy outlines two fundamental shifts to how the federal government will attempt to allocate roles, responsibilities, and resources in cyberspace. Continue Reading White House Releases National Cybersecurity Strategy

On January 26, 2023, the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST) released its Artificial Intelligence Risk Management Framework (the “Framework”) guidance document, alongside a companion AI RMF Playbook that suggests ways to navigate and use the Framework.  Continue Reading NIST Releases New Artificial Intelligence Risk Management Framework

On January 19, 2023, the National Institute of Standards and Technology (“NIST”) published a Concept Paper setting out “Potential Significant Updates to the Cybersecurity Framework.”  Originally released in 2014, the NIST Cybersecurity Framework (“CSF” or “Framework”) is a framework designed to assist organizations with developing, aligning, and prioritizing “cybersecurity activities with [] business/mission requirements, risk tolerances, and resources.”  Globally, organizations, industries, and government agencies have increasingly relied upon the Framework to establish cybersecurity programs and measure their maturity.  The NIST CSF was previously updated in 2018, and NIST now seeks public comment on the latest changes outlined in the Concept Paper.Continue Reading NIST Requests Comments on Potential Significant Updates to the Cybersecurity Framework

The New York Department of Financial Services (“NYDFS”) published the latest draft of its Proposed Second Amendment to its landmark Cybersecurity Regulation (23 NYCRR 500) on November 9, 2022.  The proposed second amendment comes after an initial comment period on an earlier-released draft amendment released on July 29, 2022.  NYDFS is accepting comments on the proposed second amendment through January 9, 2023. Continue Reading New York Department of Financial Services Proposed Second Amendment to Cybersecurity Regulation – Comments Close January 9, 2023