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False Claims In Independent Research & Development (IR&D): Federal District Court Adopts ATK THIOKOL As The Knowledge Standard

Many government contractors, like other private enterprises, invest heavily in research and development (R&D) to improve the products and services they offer, in hopes of better meeting their customers’ needs. When those R&D...more

A MoForward Warning Comes True: No Poach Enforcement Hits the Defense Industry

At our annual MoForward event in October 2021, Lisa Phelan offered practical advice about avoiding U.S. Department of Justice (DOJ) criminal antitrust enforcement of “no poach” agreements, predicting the defense industry...more

Initial Thoughts On The 2021 NDAA’s Procurement Provisions

Both houses of Congress now have voted to pass the National Defense Authorization Act (NDAA) for Fiscal Year 2021. Although the threat of a presidential veto still hangs over the NDAA, we highlight below a few of the...more

Interim Rule Issued To Implement 2019 NDAA Prohibition On The Use Of Covered Telecommunication And Video Surveillance Equipment Or...

On July 14, 2020, the Federal Acquisition Regulation (“FAR”) Council published a long-awaited interim rule (the “Interim Rule”) implementing the second prong of Section 889 of the 2019 National Defense Authorization Act...more

The Data Rights Black Hole: DoD Lobbies Congress To Eliminate Proprietary Rights In Your Most Valuable Trade Secrets — Your...

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...more

New Rule Implementing NDAA Prohibition: U.S. Agencies Cannot Enter Contracts That Use Chinese Telecom Technology

The latest in a string of U.S. government (USG) actions restricting the use of Chinese technology in the U.S. supply chain is an interim rule issued by the Department of Defense (DoD), General Services Administration (GSA),...more

Steps For Government Contractors To Take After Hurricanes

The aftermath of a hurricane is a difficult time for many in the affected areas, and government contractors are no exception. Hurricanes Harvey and Irma caused terrible damage in Texas and Florida, claiming lives and...more

Hurricanes, Floods, Tornadoes, And Power Loss: What’s A Government Contractor To Do? Act Now Under Your Contract, While You Fix...

The aftermath of a hurricane is a difficult time for many in the affected areas, and government contractors are no exception. Hurricanes Harvey and Irma caused terrible damage in Texas and Florida, claiming lives and...more

Inside DOD's Reasonable Approach To Data Rights Rule

On June 16, 2016, the U.S. Department of Defense issued a proposed rule to implement Section 815 of the National Defense Authorization Act for Fiscal Year 2012. Industry and practitioners alike have awaited this proposal...more

False Claims Act Trends: Technical Data, Software And IP

Government contracting has never been easy. But occasionally it is exciting, at least at the outset: Figuring out how to prepare the most competitive proposal and landing a significant contract are memorable achievements...more

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