News & Analysis as of

Federal Contractors Data Rights

Morrison & Foerster LLP - Government...

Kickstarting AI in the Federal Government: OMB’s Policy to Implement Executive Order 14179

On April 3, 2025, the Office of Management and Budget (OMB) issued two memoranda implementing President Trump’s Executive Order 14179, Removing Barriers to American Leadership in Artificial Intelligence. Memorandum M-25-21,...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

Sheppard Mullin Richter & Hampton LLP

Governmental Practice Cybersecurity and Data Protection: 2023 Recap & 2024 Forecast Alert

To kick off the New Year, Sheppard Mullin’s Governmental Practice Cybersecurity & Data Protection Team has prepared a cybersecurity-focused 2023 Recap (including links to all of the resources the team has put out over the...more

King & Spalding

Assessing the Value of Intellectual Property Rights in M&A Deals Involving Government Contractors

King & Spalding on

Intellectual property (“IP”) rights can be one of the most valuable assets of a government contractor. There are several factors potential buyers can use to properly evaluate a government contractor’s IP in mergers and...more

PilieroMazza PLLC

Cybersecurity and 889 Compliance in 2021: What Government Contractors Need to Know

PilieroMazza PLLC on

2020 saw the implementation of several game-changing regulations for government contractors. None the least of these were related to DOD’s Cybersecurity Maturity Model Certification (CMMC) and Section 889 of the National...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

Snell & Wilmer

SBA Announces a Major Change to SBIR/STTR Data Rights Protection

Snell & Wilmer on

On April 3, 2019, the Small Business Association (SBA) released a revised Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) program policy directive, which went into effect May 2, 2019...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

Holland & Knight LLP

HR Toolkit Series, Part 4 - Protecting Proprietary Information and Trade Secrets

Holland & Knight LLP on

In a recent Holland & Knight webinar, Partners Kara Ariail, Brandon Elledge, and Terry Elling discussed trade secrets and related issues affecting government contractors when employees are hired or leave. In case you missed...more

Bass, Berry & Sims PLC

Learning from Bid Protests: Price “Credits” for IP Rights

Bass, Berry & Sims PLC on

On January 24, 2018, the Government Accountability Office (GAO) denied a bid protest that in part, focused on the issue of price credit. VT Halter Marine, Inc. (VT) protested the award of a Department of the Army contract—for...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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