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Alfredo Fernández focuses his cybersecurity practice on international trade and national security issues, with an emphasis on the aerospace and defense industries.  His cybersecurity practice includes assisting clients on compliance with contractual requirements and regulatory standards, such as the NIST basic safeguarding requirements for federal contractors, and developing/implementing Systems Security Plans and Plans of Action and Milestones.   Alfredo’s practice also covers assessments for internal/external risks to IP and export-controlled information.  As needed, Alfredo guides clients through breach/crisis response as well as drafting voluntary disclosures of identified violations. Alfredo's complete biography can be found here.

The Commerce Department’s Bureau of Industry and Security (“BIS”) recently published an advanced notice of proposed rulemaking asking for public comment on criteria to identify “emerging technologies that are essential to U.S. national security,” for example because they have potential intelligence collection applications or could provide the United States with a qualitative intelligence advantage.

BIS is the federal agency that primarily oversees commercial exports. Over the summer, Congress passed the Export Control Reform Act of 2018 and authorized BIS to establish appropriate controls on the export of emerging and foundational technologies. Although by no means exclusive or final, BIS has proposed an initial list of areas that may become “emerging technologies,” including artificial intelligence/machine learning technology, brain-computer interfaces, and advanced surveillance technology, such as faceprint and voiceprint technologies. If BIS ultimately determines a technology will be subject to export controls, it will likely receive a newly-created Export Control Classification Number on BIS’s Commerce Control List and would require a license before export to any country subject to a U.S. embargo, including arms embargos (e.g., China).
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The PGA of America was hit with a troublesome ransomware attack in August ahead of golf’s final “major” tournament of the season, the 100th PGA Championship at Bellerive Country Club in St. Louis, MO.  The hackers were successful in locking many of the organization’s digital marketing files (e.g., logos, banners) specifically designed for the

Back by popular demand, Attorney Alfredo Fernandez will conduct a CLE webinar entitled “Export Controls in the Cloud.” He will provide practical guidance on how to balance the risks and benefits of using cloud-based software and storage services with respect to export controls compliance.

As most high-technology industries continue shifting how they access and store

On March 29, 2018, Under Armour disclosed a breach impacting 150 million users of its health and nutrition app, “MyFitnessPal.” The breach is thought to have occurred in February 2018 and resulted in potentially compromised email addresses usernames and hashed (scrambled) [1] passwords. According to Under Armour’s FAQs page, some accounts were protected by a