Cybersecurity
March 2, 2017Cybersecurity & Data Privacy

Cybersecurity and Government Contracting

Recent highly publicized cyber hacks and data leaks have brought increased federal government interest and involvement in cybersecurity matters related to government contractors. In 2016 we saw a new crop of cyber-related regulations, including the FAR clause for “Basic Safeguarding of Contractor Information”, the NARA final rule on Controlled Unclassified Information, and revised DFARS regulations ...›

Compliance
February 28, 2017Compliance

Enforcing the Regulatory Reform Agenda: Bureaucracy Designed to End Bureaucracy

On February 24, 2017, President Trump issued an Executive Order–“Enforcing the Regulatory Reform Agenda–that creates mechanisms designed to reduce bureaucracy.  The Order, which advances the president’s campaign agenda of diminishing regulatory burdens, requires the head of each federal executive agency to designate a Regulatory Reform Officer (RRO) and to establish a “Regulatory Reform Task Force.”  ...›

False Claims Act
February 23, 2017False Claims Act

DC Circuit Enforces Escobar’s Materiality Requirement

This week, the D.C. Circuit added to the post-Escobar, materiality jurisprudence with its opinion in United States ex rel. McBride v. Halliburton Co., No. 15-7144 (Feb. 17, 2017).  In its decision, the court affirmed the trial court’s granting of summary judgment in favor of KBR because the misrepresentation alleged by relator Julie McBride did not ...›

FCA
February 23, 2017False Claims Act

What’s Ahead for the False Claims Act in 2017?

2016 was a record-setting year for False Claims Act recoveries.  Based on this trend and recent developments such as the Escobar decision, we can expect that the new administration will be spending a lot of money on federal programs and with this increased spending there will be parallel enforcement actions around fraud, waste and abuse. ...›

Cybersecurity
February 16, 2017Cybersecurity & Data Privacy

IP in Government Contracts: Developments to Watch in 2017

In 2017, a big intellectual property and government contracts issue will be the government’s acquisition of rights in a company’s proprietary software.  Data rights for government contractors has been defined and redefined over the past five years.  As a result, government contractors need to pay careful attention to what is categorized as reintegration and segregation ...›

February 16, 2017Cybersecurity & Data Privacy, Resources

The Bayh-Dole Act

The Bayh-Dole Act allocates rights for intellectual property developed with federal funds between contractors or grant recipients and the government.  This infographic provides an overview of the Bayh-Dole Act, the steps that must be followed for contractors/grantees to retain ownership of title to IP, and the potential consequences of not following these rules. ...›

Defense
February 13, 2017Defense

So You Want To Supplement The Record At Claims Court

Defining the administrative record is a key aspect of litigating bid protests before the U.S. Court of Federal Claims. From the time a protest is filed, the parties must carefully navigate which evidence may be considered by the court in deciding the protest and which must be excluded. In many instances, the parties’ understanding of ...›

Federal Procurement
February 8, 2017Compliance, Federal Procurement

Developments in Commercial Item Procurement

Recent legal developments include promising indications that Government agencies could increase the use of commercial item acquisitions during the coming year.  In particular, the U.S. Court of Federal Claims decision in Palantir Technologies and several provisions in the National Defense Authorization Act (NDAA) for Fiscal Year 2017 encourage Contracting Officers to utilize commercial item procurement ...›