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The recently passed National Defense Authorization Act (NDAA or Act) for Fiscal Year 2025 addresses recurring areas of focus relevant to defense contracting, including supply chain risks related to China, organizational...more
As of January 17, 2025, the Department of Defense’s data rights regulations and contract clauses look a little different, yet substantively very little has changed. The update is to formally incorporate changes the Small...more
Dual-use ventures—startups that intend to sell both commercially and to the Department of Defense (DoD)—enjoy many advantages. You have a strong opportunity to secure millions of dollars of non-dilutive R&D funding through...more
Recipients of U.S. Department of Defense (DoD) Small Business Innovation Research (SBIR) grants agree to give the U.S. government rights to non-commercial computer software and "technical data" (e.g., recorded information...more
When the Department of Defense (“DOD”) procures defense items that require substantial investment to design, test, and manufacture, it often seeks to acquire, along with these products, the contractor’s technical data package...more
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
Congress is moving closer toward passage of the Fiscal Year 2020 National Defense Authorization Act (NDAA). Although key differences remain between the House and Senate versions of the bill, the legislation is ultimately...more
Congress recently authorized the Department of Defense’s spending for Fiscal Year 2019 and, unsurprisingly, attached some strings in the guise of acquisition reform. One of these is a modest change to the burden of proof in...more
Although there usually is great validity in the aphorism that “no man’s life, liberty, or property is safe while the Legislature is in session,” we might have to rethink that notion when it comes to data rights. Congress did...more
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