Topic Archives: Cybersecurity & Data Privacy

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. ...›

Small Business

Problems Abound with DOD’s Proposed IRAD Rule

On November 4, 2016, the Department of Defense proposed a new rule applicable to major defense contractors who expect to use future independent research and development (“IRAD”) to perform DoD contracts.  The proposed rule requires DoD agencies to assign an evaluation cost penalty to the proposed price of any contractor expecting to receive reimbursement from ...›

Cybersecurity

Important Takeaways from DHS’s Proposed Rule on Controlled Unclassified Information

The Department of Homeland Security (DHS) has now officially entered the government data security fray with its own proposed rule (HSAR Case 2015-001; 82 FR 6429; Jan. 19, 2017) for safeguarding Controlled Unclassified Information (CUI). We have previously commented on the National Archives and Record Administration’s Final Rule on CUI, the Department of Defense’s rules on ...›

Cybersecurity
January 5, 2017Cybersecurity & Data Privacy

Congress Revisits the Data Rights Statutes and Advances Modular Open Systems Architecture in the FY 2017 NDAA

Although there usually is great validity in the aphorism that “no man’s life, liberty, or property is safe while the Legislature is in session,” we might have to rethink that notion when it comes to data rights.  Congress did some good last month in passing, with broad support, the National Defense Authorization Act (NDAA) for ...›

Cybersecurity

PubKLaw Webinar: Government Contracts Year-In-Review FY 16-17

On December 15, 2016, Morrison & Foerster Partner W. Jay DeVecchio will be presenting at PubKLaw’s 2nd Annual Government Contracts Year-In-Review FY 16-17. Mr. DeVecchio’s panel, “Intellectual Property, Information Technology, and Cybersecurity in Government Contracting,” will be held from 1-2:30PM. The program will provide analysis, updates, and outlook for government contracting professionals for FY 16-17. ...›

Defense
November 9, 2016Cybersecurity & Data Privacy, Defense

DoD Issues Proposed Rule Regarding Withholding and Dissemination of Unclassified Technical Data and Technology

On October 31, 2016, the Department of Defense (DoD) issued a proposed rule (81 Fed. Reg. 75352) to address DoD’s procedures for the withholding and dissemination of unclassified export-controlled technical data and technology.  The proposed rule focuses on regulating DoD’s public release of export-controlled technical data and technology, and DoD’s requirements for the transfer of ...›

Cybersecurity
November 8, 2016Cybersecurity & Data Privacy

PLI Webcast Briefing: What Every Government Contractor Needs to Know about Cybersecurity

On December 7, 2016 at 1PM EST, Morrison & Foerster Of Counsel Tina D. Reynolds will conduct a one-hour webcast briefing in conjunction with the Practising Law Institute.  Ms. Reynolds will examine emerging issues and topics of concern with respect to government contracts cybersecurity.  This briefing is intended to help you navigate complex government cybersecurity ...›

So, Just When You Thought You Were Getting a Handle on Data Rights, the Department of Defense Issues a Long-Awaited Update to the DFARS Technical Data and Computer Software Clauses

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 since Congress enacted Section 815 in December 2011, substantially amending 10 U.S.C. § 2320. ...›