News & Analysis as of

Third-Party DFARS

Fenwick & West LLP

A Contractor’s Primer on New DoD Cybersecurity Certification Requirements

Fenwick & West LLP on

The Department of Defense, and now War, (DoD) has issued its final rule updating the Cybersecurity Maturity Model Certification (CMMC) program through changes to the Defense Federal Acquisition Supplement (DFARS)....more

Foley & Lardner LLP

CMMC 2.0 Brings Increased Flexibility — and Increased Risks — for Contractors

Foley & Lardner LLP on

Defense contractors and their subcontractors and supply chains that have been preparing for the challenge of complying with the Cybersecurity Maturity Model Certification (CMMC) recently received some welcome news from the...more

Husch Blackwell LLP

How The Federal Circuit’s Boeing Decision Protects Contractor Ownership Of Technical Data

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The Federal Circuit’s recent decision in Boeing Co. v. Secretary of Air Force, 983 F.3d 1321 (Fed. Cir. 2020), provides some useful clarity on the contents of the restrictive markings and legends that contractors affix to the...more

Pillsbury Winthrop Shaw Pittman LLP

Defense Contractors Have Some Leeway to Mark Noncommercial Technical Data to Restrict Rights of Non-Government Third Parties

The U.S. Court of Appeals for the Federal Circuit interprets DFARS technical data rights clause to allow contractors to mark technical data delivered to the government to restrict the rights of non-government third parties. ...more

PilieroMazza PLLC

Third-Party Data-Rights Restrictions: Non-Conforming Legend? Not a Problem

PilieroMazza PLLC on

In federal contracting, the laws and regulations surrounding data rights and intellectual property (IP) rights can instill fear in many companies, especially small businesses. A misstep could have you assigning unlimited...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Issues Interim Rule Implementing CMMC Cyber Rules for all DoD Contractors

Once CMMC has been rolled out, nearly all DoD contractors will need to be assessed by a third party for the issuance of a CMMC Certificate. The Interim Rule provides for a phased rollout over five years for all contractors...more

Perkins Coie

DoD’s Cybersecurity Verification Regime: New Details Emerge Related to Third-Party Auditor Training and Accreditation

Perkins Coie on

A key area of focus in the Department of Defense’s (DoD) gradual rollout of its Cybersecurity Maturity Model Certification (CMMC) is the training and accreditation of third-party assessors that will be responsible for...more

Burr & Forman

Two End-of-Year Federal Government Deadlines Approaching

Burr & Forman on

Significant Changes to Online Copyright (DMCA) Safe Harbor and DoD Contractor Cybersecurity (NIST 800-171) Requirements Take Effect at the End of This Year. Important Change Affecting Digital Millennium Copyright Act...more

Foley & Lardner LLP

Are You a Government Subcontractor?

Foley & Lardner LLP on

Just because your company does not contract directly with the government does not necessarily mean you are not subject to the many requirements associated with government contractors. Those who provide goods and services to...more

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