Never Break the Chain: Software Supply Chain Risks and Solutions
In this article, the authors examine software supply chain risks, analyze legal and compliance requirements arising from New York's cyber laws, and offer recommendations to move forward on this area of critical risk that is often neglected or, worse, ignored.
March 04, 2022 at 02:10 PM
8 minute read
SoftwareOver the past year, cyber incidents have dominated the headlines and, in turn, are causing sleepless nights for boards, C-level executives, and their legal counsel. In the wake of hospitals, food producers, oil pipelines, and companies across all sectors being disrupted by ransomware attacks, the Biden administration has declared that contending with cyber incidents is "essential to national and economic security[.]" Executive Order on Improving the Nation's Cybersecurity, E.O. 14028 (May 21, 2021). Regulatory and other government agencies have received the message and are shifting into high gear with new initiatives and actions to drive improvements in cybersecurity practices, which were for many years left to the private sector to manage.
Against these looming harms and rising expectations, software supply chain risks have broken into the mainstream, largely due to a series of highly publicized incidents over the past year. (The most notable of these incidents involved network monitoring software produced by SolarWinds and an open-source logging utility incorporated into an array of applicable and services known as "Log4j.") As a result, cyber regulators have taken notice and advised companies to act on this risk, which is often managed by IT professionals without meaningful input or involvement from legal counsel or senior management.
In this article, we examine software supply chain risks, analyze legal and compliance requirements arising from New York's cyber laws, and offer recommendations to move forward on this area of critical risk that is often neglected or, worse, ignored.
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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