Policy Minute: TSA Cybersecurity Roadmap for Pipelines
The incoming Trump administration has sent many signals that it intends to ramp up the Department of Defense’s use of nontraditional acquisition pathways to bridge the “Valley of Death” and bring innovative technologies to...more
Last year we made some predictions about 2024’s cyber landscape and major issues. Several proved prescient, with incident reporting, CISO scrutiny, SEC aggression, and new regulation of various sectors taking shape as the...more
Part of the Biden Administration’s push to enhance U.S. cybersecurity capabilities has focused on imposing new requirements on government contractors. The 2023 National Cybersecurity Strategy suggested, for example, that...more
This month’s Bid Protest Roundup include decisions regarding supplementation of the record and whether an agency may convert a sealed bid opportunity into a negotiated procurement due to lack of funds, as well as a case in...more
On August 7, 2023, the US Department of Defense, General Services Administration, and the National Aeronautics and Space Administration proposed to amend the Federal Acquisition Regulation (“FAR”) to impose anti-trafficking...more
The Department of Defense updated its guidance on “other transaction” agreements, or “OTs,” an increasingly popular contracting authority not subject to the FAR or most procurement laws that accounted for more than $37...more
Beyond causing long lines and shortages at the gas pump, the cyberattack on the Colonial Pipeline this month may have important implications for federal contractors. As part of the federal government’s response, President Joe...more
GOVERNMENT CONTRACTING - The Department of Defense (DoD) updated its list of product categories for which the Federal Prison Industries’ (FPI) share of the DoD market is greater than 5%, as required by statute. The product...more
The Department of Defense (DOD) and its component services and agencies are taking several independent steps to assess and enhance their cyber and supply chain security that will directly or indirectly affect DOD contractors...more
In a case addressing whether a patent holder can sue government contractors in district court, the U.S. Court of Appeals for the Federal Circuit upheld the dismissal of Astornet’s claims against three government contractors...more
In Astornet Technologies, Inc. v. BAE Systems, Inc., the Federal Circuit affirmed the district court’s dismissed of actions for induced infringement where the alleged direct infringer was the U.S. government. In particular,...more
Two recent court decisions serve as reminders of government liability for patent infringement claims: IRIS Corp. v. Japan Airlines Corp., Case No. 10-1051 (Fed. Cir., Oct. 21, 2014) (Prost, J.) and SecurityPoint Holdings,...more
A recent Federal Circuit opinion highlights a defense that is available to defendants whose alleged infringement occurred through activities that were undertaken for the United States. In particular, where the United States...more