Government Contracts Insights

March 28, 2024 - Data Rights
DOD’s Proposed Data Rights Regulations For MOSA Undercut Its Pursuit Of Commercial Innovation
By: Locke Bell
On November 17, 2023, the Department of Defense published its long-awaited proposed revisions to the Defense Federal Acquisition Regulation Supplement data rights regulations to implement a Modular Open Systems Approach (MOSA). 88 Fed. Reg. 80258. In this article, we focus on one aspect of
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November 03, 2020 - Data Rights, Cybersecurity & Data Privacy
Breaking DOD’s Code: How to Figure Out and Resist What DOD Really, Truly Wants to Do to Your Data Rights
Your rights in technical data and software are at greater risk today than at any time during the last 25 years. The Department of Defense (“DOD”) is proposing the authority to rewrite commercial software licenses in ways never before seen and guaranteed to be
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June 11, 2020 - Data Rights, Intellectual Property
FedPubs Intellectual Property Series (June 16-30)
By: Tina D. Reynolds and Locke Bell
MoFo partner Tina Reynolds, senior counsel Jay DeVecchio, and associate Locke Bell will be presenting an upcoming FedPubs 3-part webinar series on intellectual property rules and regulations in government contracting. The series will provide an overview of the key principles governing the allocation of
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April 16, 2020 - Data Rights, Intellectual Property
The Data Rights Black Hole: DOD Lobbies Congress to Eliminate Proprietary Rights in Your Most Valuable Trade Secrets — Your Detailed Manufacturing and Process Data
A long time ago in a galaxy far, far away, the Department of Defense (“DOD”) and industry came together after more than seven years of discussions and created a rational, logical, and fair constellation of regulations and laws governing the DOD’s and contractors’ rights
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February 04, 2020 - Protests & Litigation, Defense, Compliance, Data Rights, Intellectual Property
Court of Federal Claims Marks Its Territory, Confirms CDA Jurisdiction Over Proprietary Legends
By: James A. Tucker and Locke Bell
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
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September 25, 2019 - Data Rights, Intellectual Property
MoForward 2020 Sneak Peek: Taking the Mystery Out of IP in Other Transactions
By: Locke Bell
Mark your calendars for MoFo’s third annual MoForward program, which will be held once again at the Ritz Carlton Tysons Corner, on November 5. MoFo partner Jay DeVecchio and associate Locke Bell will cover IP rights, specifically as they pertain to “other transactions” (OTs).
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July 31, 2019 - Defense, Data Rights, Intellectual Property
DOD’s Other Transactions: Data Rights & Intellectual Property Simplified
How To Handle Intellectual Property Rights In OTs: The Department of Defense is actively pursuing “Other Transactions” (OTs) instead of procurement contracts. This allows DOD and its contractors to avoid many of the most burdensome aspects of the procurement regulations. But it also allows
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June 26, 2019 - Federal Procurement, Data Rights, Grants, Intellectual Property, Cybersecurity & Data Privacy
Supreme Court Removes “Substantial Competitive Harm” Requirement for Contractors Seeking to Protect Confidential Information from Release Under FOIA
By: Tina D. Reynolds, James A. Tucker and Locke Bell
You can rejoice in a recent Supreme Court decision if you have ever spent hours trying to convince a government agency not to release your company’s confidential information to the public in response to a Freedom of Information request. In a reversal of long-standing
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May 30, 2018 - Acquisition Regulations, Compliance, Data Rights, Intellectual Property
Sikorsky: What the GAO Said and Did Not Say About Soliciting Data Rights
By: Locke Bell
The GAO’s decision last week, denying in part and dismissing in part Sikorsky Aircraft Corporation’s much-watched protest of the Air Force’s solicitation to replace the UH-1N helicopter, deals an early (if light) blow to contractors in their fight against the Air Force’s recent data
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May 10, 2018 - Compliance, Data Rights, Grants, Intellectual Property
Bayh-Dole Regulatory Update Offers Clarifications to Federal Grantees and Contractors But Also Raises Specter of Government Interference with Patent Rights
By: Tina D. Reynolds
Effective May 1, 2018, newly issued federal government contracts, grants, and cooperative agreements will be subject to revised regulations implementing the Bayh-Dole Act, the federal statute governing title and license rights for inventions developed with federal funding. The new regulations were issued on April
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Topic Archives: Data Rights

DOD’s Proposed Data Rights Regulations For MOSA Undercut Its Pursuit Of Commercial Innovation

By: Locke Bell

Breaking DOD’s Code: How to Figure Out and Resist What DOD Really, Truly Wants to Do to Your Data Rights

FedPubs Intellectual Property Series (June 16-30)

By: Tina D. Reynolds and Locke Bell

The Data Rights Black Hole: DOD Lobbies Congress to Eliminate Proprietary Rights in Your Most Valuable Trade Secrets — Your Detailed Manufacturing and Process Data

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

By: James A. Tucker and Locke Bell

MoForward 2020 Sneak Peek: Taking the Mystery Out of IP in Other Transactions

By: Locke Bell

DOD’s Other Transactions: Data Rights & Intellectual Property Simplified

Supreme Court Removes “Substantial Competitive Harm” Requirement for Contractors Seeking to Protect Confidential Information from Release Under FOIA

By: Tina D. Reynolds, James A. Tucker and Locke Bell

Sikorsky: What the GAO Said and Did Not Say About Soliciting Data Rights

By: Locke Bell

Bayh-Dole Regulatory Update Offers Clarifications to Federal Grantees and Contractors But Also Raises Specter of Government Interference with Patent Rights

By: Tina D. Reynolds