Intellectual Property
February 19, 2020International Public Procurement

The Government Contractor: Here Is How You Actually Negotiate IP Rights In Other Transactions

Although there is great deal being written these days about DOD’s increasing use of Other Transactions “OTs”, no one explains how you actually negotiate OT terms and conditions, particularly the intellectual property clauses that are the most troublesome for contractors.  Jay DeVecchio fixes that, by describing how to prepare and to negotiate key IP clauses.  ...›

FCPA
February 14, 2020Foreign Corrupt Practices Act

Top 10 International Anti-Corruption Developments for January 2020

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: Which countries brought the largest coordinated foreign bribery resolution of all time? Which countries moved up, and which ...›

Trade Agreements Act Compliance: Federal Circuit Clarifies Country of Origin and Place of Manufacture Analyses

A variety of arcane domestic-preference regimes apply to many Federal procurements – the Buy American Act (BAA), the Trade Agreements Act (TAA), the Berry Amendment, and the Cargo Preference Act, to name a few.  In Acetris Health, LLC v. United States, the Court of Appeals for the Federal Circuit recently denied a Government appeal and ...›

February 10, 2020Protests & Litigation

January 2020 Bid Protest Roundup

This installment of our monthly Law360 bid protest bid protest spotlight examines three protest decisions addressing challenges to contractor performance assessment reports (“CPARs”), procurements through the General Services Administration’s (“GSA”) Federal Supply Schedules (“FSS”), and standing to protest. In Colonna’s Shipyard, Inc., the Court of Federal Claims opened its door to a bid protest ostensibly ...›

Court of Federal Claims Marks Its Territory, Confirms CDA Jurisdiction Over Proprietary Legends

The Court of Federal Claims recently affirmed its jurisdiction to settle disputes over protective markings in Raytheon Co. v. United States.[i]  In that case, Raytheon asked the Court to review a contracting officer’s demand that Raytheon replace its common proprietary, not-subject-to-release-under-FOIA[ii] marking with the “Government Purpose Rights” legend prescribed by the DFARS. [iii] Among other ...›

February 3, 2020Cybersecurity & Data Privacy

Department of Defense Takes a More Gradual Approach to Cybersecurity Maturity Model Certification

On January 31, 2020, the Department of Defense (DoD) issued the widely anticipated final version (v.1) of its Cybersecurity Maturity Model Certification (CMMC) Model. The version followed seven drafts and multiple rounds of comments from the contracting community. In the lead up to the release, DoD representatives walked back the timing for full implementation of ...›

Protests and Litigation
January 21, 2020Protests & Litigation

2019 Protest Roundup

This installment of our Law360 bid protest spotlight examines two protest decisions released in December, provides a year-end review of key bid protest decisions from 2019, and discusses a few takeaways from the U.S. Government Accountability Office‘s fiscal year 2019 report on its bid protest decisions. December Cases T3I Solutions, LLC, B-418034, B-418034.2, Dec. 13, ...›

January 17, 2020National Security

Foreign Investment 2020 (Part 5): Final CFIUS Rules Announced

The U.S. Department of the Treasury (Treasury) has released final regulations to implement the Foreign Investment Risk Review Modernization Act (FIRRMA), expanding the jurisdiction of the Committee on Foreign Investment in the United States (CFIUS). As we discussed in previous alerts in this series, the regulations provide long-awaited answers to questions about how Treasury and the other ...›

FCPA
January 15, 2020Foreign Corrupt Practices Act

Top 10 International Anti-Corruption Developments for December 2019

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary resources. This month we ask: What corporate foreign bribery enforcement actions were announced by U.S., Canadian, and UK authorities? Which East Asian country ...›

Compliance
January 15, 2020Compliance, Protests & Litigation

Defective Certifications: Where to Draw the Line?

Somewhat surprisingly, the end of 2019 provided two decisions regarding defective certifications, including one from the Federal Circuit. The first case, Kirlin Builders, LLC, ASBCA No. 61901, reminds readers that a defective certification, as opposed to no certification at all, is a correctable error so long as it is made before the issuance of a ...›