The latest updates and analysis from Morrison Foerster
December 07, 2022 - Intellectual Property

THE GOVERNMENT CONTRACTOR: Unrecognized and Overt Pressure on Contractors' Data and Software Rights: Risks Posed by H Clauses, Innocuous Acronyms (IPT, IDE, SaaS, DAL), and The Cloud

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

What do you really know about the data and software rights your engineers may well be giving up every day through Integrated Data Environments, Integrated Products Teams, the Cloud and such? Probably not enough, suggests Jay DeVecchio in an article for The Government Contractor discussing the hidden risks posed by daily interactions with the government on activities bearing innocuous acronyms (IPT, IDE, SaaS, DAL), and by increasingly aggressive contract “H” Clauses: “During the past several years, industry has seen various legislative and regulatory pushes by the Department of Defense (DOD) to acquire more and broader rights in technical data and all forms of computer software. Some of this will come to fruition soon in the form of long-awaited revisions to the Defense Federal acquisition Regulation Supplement data rights clauses.”

Jay cautioned: “But we do not have to await the effects of those pending developments, because subtle (or unrecognized) risks already exist and are increasing, in the familiar form of routine collaboration with DOD as well as more aggressive and burdensome ‘H’ clauses in solicitations and contracts.”

 Read the full article