Alert 03.17.25
Anti-DEI Executive Orders Are Enforceable, for Now, After Fourth Circuit Lifts Preliminary Injunction
The U.S. Court of Appeals will expedite its review of appeal of preliminary injunction.
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Our Government Contracts team guides companies on how to protect their data and intellectual property rights when conducting business in the complex regulatory landscape of the government.
We understand that a government contractor’s technical data, computer software and inventions are among its most valuable assets. Our lawyers can help your company identify and understand what types of property may give rise to rights, how to protect those rights when developing technology with the government, how to license those rights, and how to preserve those rights when submitting deliverables.
Our attorneys are skilled in helping contractors optimize and preserve their rights when working under a wide variety of funding agreements. We have experience enabling clients to maximize their data rights when working with the government under research and development contracts, including under the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, subcontracts, grants, cooperative agreements, cooperative research and development agreements (CRADAs) and Other Transaction Agreements (OTAs).
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The standard data rights clauses are complex and among the lengthiest in the Federal Acquisition Regulation (FAR) and the Department of Defense FAR Supplement (DFARS). Complicating matters further, different agencies have dramatically different standard clauses and requirements, and agencies occasionally include multiple, seemingly competing clauses in a single contract. The complexity surrounding these issues is magnified further when agencies elect to use non-standard clauses, a practice we see frequently. Our team is experienced in parsing the applicable clauses and helping clients navigate traps that companies face when developing technology for or supplying technology to the government.
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