Effective June 2, 2023, all federal contracts and solicitations are required to include a new Federal Acquisition Regulation (FAR) clause: FAR 52.204-27, Prohibition on a ByteDance Covered Application. This clause implements...more
Holland & Knight previously noted an Office of Management and Budget (OMB) memorandum prohibiting the use of TikTok on information technology used by federal agencies and contractors. (See Holland & Knight's previous blog...more
6/29/2023
/ Bring Your Own Device (BYOD) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Information Technology ,
Interim Rule ,
Mobile Apps ,
Mobile Devices ,
OMB ,
Public Agencies ,
TikTok
Earlier this month, bipartisan legislation was introduced in the U.S. Congress that would allow the U.S. to regulate and even ban the app TikTok. Although the proposed legislation has dominated the news coverage, a recent...more
3/29/2023
/ Biden Administration ,
CFIUS ,
Compliance ,
Consolidated Appropriations Act (CAA) ,
Criminal Investigations ,
Deadlines ,
Department of Justice (DOJ) ,
FBI ,
Federal Contractors ,
Information Technology ,
OFCCP ,
OMB ,
Proposed Legislation ,
TikTok
The U.S. Government Accountability Office (GAO) issued new guidance in January 2023 (GAO Guidance) on filing and handling classified bid protests. The new procedures can be viewed on the GAO website and contain clear guidance...more
When trade secrets and other intellectual property disputes arise involving federal government contractors, defendants often assert that the alleged trade secret or intellectual property belongs to the government as part of...more
6/4/2021
/ Boeing ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Intellectual Property Litigation ,
Inventors ,
Patent Ownership ,
Software ,
Technology ,
Third-Party Relationships ,
Trade Secrets
After years of negotiations with the Afghan Government, U.S. contractors appear to have achieved a major breakthrough regarding their future tax liabilities for operating in Afghanistan. On May 5, 2021, the Afghanistan-NATO...more
In trade secret litigation, particularly among government contractors, defenses are sometimes asserted based on whether the plaintiff actually owns or retains a sufficient interest in the trade secret at issue. This can...more
In trade secret litigation, particularly among government contractors, defenses are sometimes asserted based on whether the plaintiff actually owns or retains a sufficient interest in the trade secret at issue. This can...more
In this post, we briefly summarize bid protest decisions from the U.S. Government Accountability Office (GAO) published in December 2019. This round-up presents two cases wherein GAO sustained the protest due to the failure...more
On November 5, 2019, the U.S. Government Accountability Office (GAO) issued its annual Bid Protest Report to Congress for Fiscal Year 2019. The annual report is a requirement of the Competition in Contracting Act and is an...more
• President Donald Trump saying at the recent G20 Summit in Japan that American companies could keep selling products to Huawei Technologies Co. Ltd. (Huawei) was another installment in the drama surrounding the Chinese tech...more
7/17/2019
/ Bureau of Industry and Security (BIS) ,
China ,
Entity List ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Exports ,
Foreign Adversaries ,
Foreign Policy ,
General Licenses ,
Huawei ,
National Security ,
Office of Foreign Assets Control (OFAC) ,
Prohibited Transactions ,
Sanction Violations ,
Technology Sector ,
Telecommunications ,
Trade Relations ,
Trade Wars ,
Trump Administration ,
U.S. Commerce Department ,
US Trade Policies
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
10/1/2018
/ Confidentiality Agreements ,
Data Protection ,
Data Rights ,
Defend Trade Secrets Act (DTSA) ,
Disclosure ,
Employment Policies ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Former Employee ,
Hiring & Firing ,
Intellectual Property Protection ,
Misappropriation ,
Non-Disclosure Agreement ,
Proprietary Information ,
Software Developers ,
Trade Secrets ,
Whistleblowers
The Armed Services Board of Contract Appeals' (ASBCA) recent decision in CiyaSoft Corporation confirms that government agencies that procure commercial computer software will be subject to a seller's commercial license terms...more
8/29/2018
/ Armed Services Board of Contract Appeals ,
Breach of Contract ,
Clickwrap Agreements ,
Computer Software Workers ,
Contract Terms ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
License Agreements ,
Purchasers ,
Sellers ,
Software Licenses ,
Vendors
This is the fourth blog post in a series of blogs analyzing the current draft of the 2018 National Defense Authorization Act (NDAA) as agreed-to by House and Senate negotiators on November 8, 2017. Stay tuned for additional...more
Last month, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. Court of Federal Claims upholding and NASA’s denial of a claim in the amount of about $2 million for reimbursement pension...more
5/11/2017
/ Appeals ,
CAFC ,
Claim Denial Letters ,
Collective Bargaining Agreements (CBA) ,
Davis-Bacon Act ,
Decertify ,
Federal Contractors ,
Pensions ,
Purchase Price Adjustment ,
Service Contract Act ,
Underfunded Plans ,
Withdrawal Liability
Many federal contractors and subcontractors are in store for a bumpy ride. On March 1, 2013, sequestration went into effect, requiring the federal government to cancel $85 billion in budgetary resources between now and...more
In a decision issued earlier this month (Hooper v. Lockheed Martin Corporation, D.C. No. 2:08-cv-00561-DSF-FMO, __ F.3d __ (9th Cir., August 2, 2012), the U.S. Court of Appeals for the Ninth Circuit held that "false...more