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Initial Thoughts On The 2021 NDAA’s Procurement Provisions

Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the...more

Interim Rule Issued To Implement 2019 NDAA Prohibition On The Use Of Covered Telecommunication And Video Surveillance Equipment Or...

On July 14, 2020, the Federal Acquisition Regulation (“FAR”) Council published a long-awaited interim rule (the “Interim Rule”) implementing the second prong of Section 889 of the 2019 National Defense Authorization Act...more

The Data Rights Black Hole: DoD Lobbies Congress To Eliminate Proprietary Rights In Your Most Valuable Trade Secrets — Your...

A long time ago in a galaxy far, far away, the Department of Defense (“DOD”) and industry came together after more than seven years of discussions and created a rational, logical, and fair constellation of regulations and...more

New Rule Implementing NDAA Prohibition: U.S. Agencies Cannot Enter Contracts That Use Chinese Telecom Technology

The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA),...more

Don’t Set Your Hair on Fire Yet over Data Rights Challenges Under the FY 2019 NDAA

Congress recently authorized the Department of Defense’s spending for Fiscal Year 2019 and, unsurprisingly, attached some strings in the guise of acquisition reform.  One of these is a modest change to the burden of proof in...more

Congress Revisits the Data Rights Statutes and Advances Modular Open Systems Architecture in the FY 2017 NDAA

Although there usually is great validity in the aphorism that “no man’s life, liberty, or property is safe while the Legislature is in session,” we might have to rethink that notion when it comes to data rights. Congress did...more

Inside DOD's Reasonable Approach To Data Rights Rule

On June 16, 2016, the U.S. Department of Defense issued a proposed rule to implement Section 815 of the National Defense Authorization Act for Fiscal Year 2012. Industry and practitioners alike have awaited this proposal...more

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