The federal government's recent False Claims Act suit against Georgia Tech highlights the importance of complying with cybersecurity standards when working on federal contracts. This action signifies the U.S. Department of...more
The U.S. Department of Defense (DoD) has been focused on AI and recently integrated its AI strategy with its data strategy. The announcement by DoD's Chief Digital and AI Officer regarding the testing of commercial AI...more
U.S. Attorney Nikolas P. Kerest recently highlighted the severity of fraud by government contractors and subcontractors, emphasizing the importance of upholding the integrity of government procurement programs. These remarks...more
The United States Department of Defense’s (DoD) supplement to the Federal Acquisition Regulation (DFARS) requires the DoD to adopt a Modular Open System Approach (MOSA), which is a technical and business strategy for open and...more
The Biden Administration recently issued its clearest articulation yet of how federal agencies can use AI—and no surprise: There are big implications for companies delivering AI solutions to federal government customers....more
A glimmer of hope from the Federal Circuit for software manufacturers looking to enforce license agreements against the U.S. Federal Government.
In an order issued March 6, 2024, the court said entities licensing software...more
The Fiscal Year 2024 National Defense Authorization Act (“FY2024 NDAA”) continues the national security imperative to enhance the country’s scientific and technological developments and to adopt emerging technologies and...more
1/11/2024
/ Artificial Intelligence ,
Cyber Attacks ,
Cybersecurity ,
Dodd-Frank ,
Federal Contractors ,
Innovation ,
Intellectual Property Protection ,
Investment ,
Investors ,
National Security ,
NDAA ,
Semiconductors ,
Supply Chain ,
Technology Sector
On October 30, 2023, the Biden administration issued a sweeping Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (the “Executive Order”), which ambitiously directs the...more
11/9/2023
/ Artificial Intelligence ,
Biden Administration ,
Compliance ,
Cybersecurity ,
Executive Orders ,
Innovative Technology ,
Legislative Agendas ,
Machine Learning ,
NIST ,
Popular ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Technology Sector
Each year, Congress passes annual appropriation bills to continue funding federal agencies and federal programs through the next fiscal year. As of today, with the new fiscal year looming on October 1, 2023, Congress has yet...more
As follow-on guidance to Office of Management and Budget’s (OMB) September 14, 2022 memo and the associated Executive Order on Improving the Nation’s Cybersecurity from May 2021, the Cybersecurity and Infrastructure Security...more
5/30/2023
/ Attestation Requirements ,
Biden Administration ,
Cybersecurity ,
Deadlines ,
Executive Orders ,
Homeland Security Cybersecurity & Infrastructure Security Agency (CISA) ,
National Security ,
NIST ,
OMB ,
Public Comment ,
Software ,
Software Developers ,
Supply Chain
TL/DR: For participation in the SBIR and STTR programs, agencies now have a standard set of questions to ask small business concerns about their foreign investments and affiliations. Companies can use the questions to prepare...more
The White House announced last Thursday its highly anticipated National Cybersecurity Strategy (NCS). Although largely aspirational and short on concrete plans, the 39-page NCS is the Biden administration’s most ambitious...more
3/9/2023
/ Biden Administration ,
Cloud Computing ,
Cyber Incident Reporting ,
Cybersecurity ,
Data Privacy ,
Data Protection ,
Data Security ,
Department of Justice (DOJ) ,
Financial Services Industry ,
Government Agencies ,
National Security
The Department of Commerce (Commerce), in partnership with the National Aeronautics and Space Administration (NASA) and the National Oceanic and Atmospheric Administration (NOAA), announced that it was launching a...more
3/8/2023
/ Compliance ,
Department of Transportation (DOT) ,
Failure to Comply ,
FOIA ,
Mandatory Requirements ,
NASA ,
NOAA ,
Outer Space ,
Penalties ,
Regulatory Agenda ,
Surveys ,
Technology Sector ,
U.S. Commerce Department
In December 2022, the U.S. Government Accountability Office (GAO) reported on federal research and development (R&D) spending focused on emerging technologies to further economic growth and national security. The U.S. federal...more
2/24/2023
/ Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of Health and Human Services (HHS) ,
GAO ,
Intellectual Property Protection ,
Investment ,
NASA ,
National Science Foundation ,
Private Sector ,
Research and Development ,
Small Business
Since the start of the Biden administration in January 2021, there has been an increased focus on combatting climate change, including regulatory actions and initiatives to increase disclosure by corporations regarding their...more
12/23/2022
/ Biden Administration ,
Climate Action Plan ,
Climate Change ,
Contractors ,
Corporate Counsel ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Greenhouse Gas Emissions ,
Publicly-Traded Companies ,
Regulatory Agenda ,
Securities and Exchange Commission (SEC)
The U.S. government’s national security and economic priorities around encouraging and adopting innovation is on full display in the soon-to-be-finalized Fiscal Year 2023 National Defense Authorization Act (NDAA). In this...more
12/16/2022
/ Artificial Intelligence ,
Biden Administration ,
Cloud Service Providers (CSPs) ,
Cybersecurity ,
Data Management ,
Department of Defense (DOD) ,
Department of Energy (DOE) ,
Innovation ,
Life Sciences ,
National Security ,
NDAA ,
Popular ,
Regulatory Agenda ,
Technology Sector ,
Trade Relations
This CLE will help in-house counsel understand the key legal issues for managing risk with already awarded SBIR grants and contracts. Whether your company just won a Phase I SBIR contract with the DoD or if your company has...more
12/15/2022
/ Acquisitions ,
Certification Requirements ,
Commercial Contracts ,
Continuing Legal Education ,
Eligibility ,
Enforcement ,
Grants ,
Investment ,
Mergers ,
Risk Management ,
SBIRs ,
Small Business ,
Webinars
On September 29, 2022, Congress passed the SBIR and STTR Extension Act of 2022, renewing the U.S. Small Business Administration’s (SBA) Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR)...more
10/4/2022
/ CFIUS ,
Cybersecurity ,
Due Diligence ,
Foreign Ownership ,
GAO ,
National Security ,
OSTP ,
Patents ,
Performance Standards ,
Pilot Programs ,
Risk Management ,
SBA ,
SBIRs ,
STTR ,
Transparency
On September 14, 2022, the Office of Management and Budget (“OMB”) issued a memorandum on Enhancing the Security of the Software Supply Chain through Secure Software Development Practices (“OMB Memo”) to help ensure software...more
Federal contractors who have filed an Employment Information Report (EEO-1) Type 2 Consolidated between 2016-2020 and wish to object to the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP)...more