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Matthew Harden

Matthew Harden is a cybersecurity and litigation associate in Covington’s New York office. He advises clients on cybersecurity and national security matters, including cybersecurity incident response, crisis management, enterprise risk management and governance, internal investigations, and regulatory compliance.

Matthew helps clients prepare for and respond to cybersecurity incidents and data security events. He advises on cybersecurity investigations, counsels on incident response strategy, and helps clients assess legal, regulatory, and litigation risks arising from data breaches, network intrusions, ransomware, insider threats, digital threats, and other cyber matters.

Matthew counsels clients on cybersecurity and information security governance. He assists with drafting, designing, and assessing enterprise cybersecurity policies, information security programs, incident response plans, and related procedures. His work includes advising on cybersecurity and privacy compliance obligations, emerging cybersecurity regulations, and legal risks associated with artificial intelligence (AI), Internet of Things (IoT) technologies, and connected products.

As part of his litigation and investigations practice, Matthew draws on his cybersecurity experience to advise clients in high-stakes disputes, internal investigations, and regulatory matters. He represents government contractors in False Claims Act matters involving cybersecurity and national security. He also maintains an active pro bono practice focused on veterans’ rights.

Matthew serves as a Judge Advocate in the U.S. Coast Guard Reserve.

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This is part of an ongoing 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 subsequent blogs described the actions taken by various government agencies to implement the Cyber EO from June 2021 through June 2024.  This blog describes key actions taken to implement the Cyber EO, as well as the U.S. National Cybersecurity Strategy, during July 2024.  It also describes key actions taken during July 2024 to implement President Biden’s Executive Order on Artificial Intelligence (the “AI EO”), particularly its provisions that impact cybersecurity, national security, and software supply chain security.

Continue Reading July 2024 Developments Under President Biden’s Cybersecurity Executive Order, National Cybersecurity Strategy, and AI Executive Order

On September 12, 2022, the U.S. Cybersecurity and Infrastructure Security Agency (“CISA”) published a Request for Information, seeking public comment on how to structure implementing regulations for reporting requirements under the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“CIRCIA”).  Written comments are requested on or before November 14, 2022 and may be submitted through the Federal eRulemaking Portal: http://www.regulations.gov.

Continue Reading CISA Requests Public Comment on Implementing Regulations for the Cyber Incident Reporting for Critical Infrastructure Act

On July 5, 2022, the Cybersecurity and Infrastructure Security Agency (“CISA”) and the National Institute of Standards and Technology (“NIST”) strongly recommended that organizations begin preparing to transition to a post-quantum cryptographic standard.  “The term ‘post-quantum cryptography’ is often referred to as ‘quantum-resistant cryptography’ and includes, ‘cryptographic algorithms or methods that are assessed not to be specifically vulnerable to attack by” a CRQC (cryptanalytically relevant quantum computer) or a classical computer.  NIST “has announced that a new post-quantum cryptographic standard will replace current public-key cryptography, which is vulnerable to quantum-based attacks.”  NIST does not intend to publish the new post-quantum cryptographic standard for commercial products until 2024 but urges companies to begin preparing now by following the Post-Quantum Cryptography Roadmap. 

Continue Reading CISA and NIST Urge Companies to Prepare to Transition to a Post-Quantum Cryptographic Standard