News & Analysis as of

DFARS Data Rights Federal Contractors

Morrison & Foerster LLP - Government...

What Contractors Need to Know About DoD’s New IP Guidebook

Earlier this year, the Department of Defense (DoD) published an “Intellectual Property Guidebook for DoD Acquisition.” It is the culmination of many years of work and the most insightful data rights guidance out of the...more

Morrison & Foerster LLP - Government...

DoD Updates Data Rights Regulations for SBIR/STTR Programs

As of January 17, 2025, the Department of Defense’s data rights regulations and contract clauses look a little different, yet substantively very little has changed. The update is to formally incorporate changes the Small...more

PilieroMazza PLLC

Navigating the FAR/DFARS: The Most Confusing and Little Known Clauses

PilieroMazza PLLC on

We have fielded numerous calls from new clients asking the same question when it turns out they have violated a FAR provision: “Do they really expect me to read all of those regulations? How is someone supposed to understand...more

Morgan Lewis

Federal Circuit Ruling Reinforces Technical Data Rights for Defense Contractors

Morgan Lewis on

The US Court of Appeals for the Federal Circuit last month reversed a decision by the Armed Services Board of Contract Appeals that rejected a contractor’s proposed document legends prohibiting unauthorized third-party use of...more

Stinson - Government Contracting Matters

A Case for Protecting Data Rights – The Boeing Co. v. Secretary of the Air Force

The Government has many rules regarding the protection of data. Government contractors must understand these rules and the importance of timely and properly marking data that they own or develop in performance of a government...more

Wilson Sonsini Goodrich & Rosati

DoD Small Business Innovation Research (SBIR) Contractors' Data Rights Protections Extended to 20 Years, Government Rights Limited...

Recipients of U.S. Department of Defense (DoD) Small Business Innovation Research (SBIR) grants agree to give the U.S. government rights to non-commercial computer software and "technical data" (e.g., recorded information...more

Blank Rome LLP

DOD’s Extraction of Data Rights in Competitive Procurements

Blank Rome LLP on

When the Department of Defense (“DOD”) procures defense items that require substantial investment to design, test, and manufacture, it often seeks to acquire, along with these products, the contractor’s technical data package...more

Morrison & Foerster LLP - Government...

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

Perkins Coie

The FY 2020 National Defense Authorization Act: What Government Contractors Should Watch For

Perkins Coie on

Congress is moving closer toward passage of the Fiscal Year 2020 National Defense Authorization Act (NDAA). Although key differences remain between the House and Senate versions of the bill, the legislation is ultimately...more

PilieroMazza PLLC

The Sisyphean Labor of the DAR Council: Segregation and Reintegration Data Rights

PilieroMazza PLLC on

Having just presented on data rights issues to a number of government contracting officers and procurement professionals, as well as private sector contract management personnel, during the 2017 National Contract Management...more

Morrison & Foerster LLP

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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