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Sheppard Mullin Richter & Hampton LLP

Paid in Full: GSA Approves Advance Payment for SaaS Licenses

GSA long has stated that the “MAS program is designed to mirror commercial buying practices.” (Don’t laugh – I’m serious! Slide 12 if you don’t believe me.) In the commercial marketplace, SaaS licenses are sold for set...more

Wiley Rein LLP

CAFC Releases Decision Addressing CBCA’s Jurisdiction over Software Developers Claiming to be Parties to a Procurement Contract

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In Avue Technologies Corporation v. Secretary of Health and Human Services, Administrator of the General Services Administration (Case No. 22-1784), the United States Court of Appeals for the Federal Circuit vacated the...more

Troutman Pepper

Software Developer Wins Preliminary Injunction Against the U.S. Navy in Trade Secrets Act Case

Troutman Pepper on

We recently about the seeking preliminary relief under the Rocket Docket’s procedures. A recent decision from Judge Alston in the Alexandria Division is a good example of the speed in which the court acts in the context of...more

PilieroMazza PLLC

Federal Contractors: Preparing Software Producers for Compliance with CISA’s Self-Attestation Form

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As contemplated by PilieroMazza’s recent blog, the Cybersecurity and Infrastructure Security Agency (CISA) released a notice and request for comments on a new requirement for software producers to provide self-attestations...more

Paul Hastings LLP

Key Takeaways from the National Cybersecurity Strategy

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On March 3, 2023, the White House released the National Cybersecurity Strategy. The White House described this as the blueprint for a long-term effort by the Biden administration in cooperation with Congress and the private...more

BakerHostetler

Could Careless Coders Face False Claims Liability?

BakerHostetler on

New Software Development Security Attestation and Related False Claims Act Liability for Commercial and Noncommercial Software Developers and Suppliers - Key takeaway - Software producers at all levels in the federal...more

Ankura

OMB Renews Commitment to EO14028 by Requiring SSDF Compliance in Federal Software Acquisition

Ankura on

On September 14, 2022, the Office of Management and Budget (OMB) issued much-anticipated guidance on the implementation of Secure Software Development Framework (SSDF) requirements for contractors (The “Guidance Memo”)...more

Whitcomb Selinsky, PC

Categories of Rights in Technical Data and Computer Software in Department of Defense Contracts

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As discussed in “License Required: Technical Data and Computer Software in Government Contracts”, the allocation of rights between the Government and the contractor in technical data (TD) relating to commercial items,...more

Womble Bond Dickinson

Federal Software Providers Need to Be Ready to Attest to NIST Compliance Within the Coming Year

Womble Bond Dickinson on

Companies providing software to the federal government need to be prepared to attest that their software is NIST (National Institute of Standards and Technology)-compliant within the coming year. On September 14, 2022, the...more

Sheppard Mullin Richter & Hampton LLP

2021 Cybersecurity Recap for Government Contractors (and What to Expect in 2022) – Part 1 of 4: Biden’s Cybersecurity Executive...

As 2021 draws to a close, we wanted to share a recap of some of the most important cybersecurity developments we covered this past year along with some suggestions on what companies (particularly those that do business with...more

Wiley Rein LLP

Industry Implications of EO on Improving the Nation’s Cybersecurity

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President Biden’s recent issuance of the highly anticipated Executive Order on Improving the Nation’s Cybersecurity (EO or Order), in the midst of high-profile cyber-attacks on the Nation, brought new challenges to...more

Goodwin

Biden Executive Order Likely to Push Private Sector Forward on Cybersecurity

Goodwin on

On May 12, President Biden signed an Executive Order on Improving the Nation’s Cybersecurity. The order comes on the heels of a number of recent widely reported cybersecurity crises, including the Solar Winds and Microsoft...more

Bass, Berry & Sims PLC

Software Developer Acquiescence Dooms Bid for Copyright Infringement against Navy

Bass, Berry & Sims PLC on

A recent decision by the U.S. Court of Federal Claims in Bitmanagement Software GMBH vs. The United States determined the United States was not liable for copyright infringement because, based on the interactions between the...more

Holland & Knight LLP

HR Toolkit Series, Part 4 - Protecting Proprietary Information and Trade Secrets

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In a recent Holland & Knight webinar, Partners Kara Ariail, Brandon Elledge, and Terry Elling discussed trade secrets and related issues affecting government contractors when employees are hired or leave. In case you missed...more

Sheppard Mullin Richter & Hampton LLP

The Future of COTS Procurement: The Proposed Section 846 Business Models

On March 16, 2018, the General Services Administration (“GSA”) and the Office of Management and Budget (“OMB”) released their Phase 1 Implementation Plan (the “Plan”) for “Procurement Through E-Commerce Portals” as directed...more

McCarter & English Blog: Government Contracts...

Restricted Rights Under DFARS 252.227-7014: Practitioner Advice for Avoiding DoD Licensing Pitfalls

This article focuses on contractor licenses that grant “Restricted Rights” in “Noncommercial Software” to the federal Government under Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.227-7014. DFARS...more

McCarter & English, LLP

U.S. Government Open Source Software: OMB’s Memorandum on Federal Source Code Policy Exposes IP Ownership Risk

On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The...more

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