News & Analysis as of

Goods or Services Software

Skadden, Arps, Slate, Meagher & Flom LLP

Fighting Early Obsolescence: New EU Directive Extends Liability Risks

On 6 March 2024, the EU published directive 2024/825/EU, intended to bolster consumer rights in the face of environmental challenges. The directive seeks to clarify companies’ liability concerning information obligations...more

Whitcomb Selinsky, PC

Categories of Rights in TD and CS in Department of Defense Contracts

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The Federal Acquisition Regulation and, likewise, the DFARS, distinguish “commercial” from “non-commercial” by generally defining a “commercial” item or service as that which is of a type customarily used by the general...more

Whitcomb Selinsky, PC

Pre-Challenge vs. Formal Challenge on Technical Data and Computer Software Markings

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When technical data (TD) and computer software (CS) are delivered under a Department of Defense (DoD) contract, the Government inspects them for any restrictive markings and, if found, verifies that the TD/CS is listed on the...more

Whitcomb Selinsky, PC

License Required: Technical Data and Computer Software in Government Contracts

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As the Government’s acquisitions of goods and services become more extensive and complicated, especially in support of major programs of the Department of Defense (DoD), the delivery of technical data (TD) and computer...more

Torres Trade Law, PLLC

Lost at Sea: Lack of BIS Guidance on New Russia/Belarus FDP Rule Creates Compliance Chaos

Torres Trade Law, PLLC on

On March 2, 2022, as part of a string of sanctions and export controls, the Russia/Belarus Foreign Direct Product (“FDP”) Rule and Russia/Belarus-Military End User (“MEU”) FDP Rule took effect. These rules, generally,...more

Freeman Law

Software—What Is It? And Other Deep Thoughts to Disturb Your Sleep, Courtesy of the Texas Sales and Use Tax

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Software can be taxed differently under the Texas sales and use tax, depending on the rights granted to the purchaser and method of delivery. Or, at least, so says the Texas Comptroller of Public Accounts (or “Comptroller”...more

Hogan Lovells

Aerospace & Defense Insights | Roadmap for False Claims Act enforcement in 2021

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The federal government’s recoveries from investigations and cases involving the False Claims Act (FCA) fell in fiscal year (FY) 2020 to US$2.2 billion from US$3.05 billion in FY2019. However, with an influx of approximately...more

Hogan Lovells

Augmented reality and e-commerce: IP implications of a powerful alliance

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This year, the pandemic forced brands to reinvent themselves to stay virtually close to customers. A surprisingly high number of companies quickly turned to augmented reality ("AR"), recognizing the strong power of this...more

MoFo Tech

Service-level Agreement Basics

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Given the broad use and relative importance of service-level agreements (SLAs) in a variety of contexts, in this blog post, we provide an overview of the basics of SLAs and what they should address. An SLA is an important...more

The Volkov Law Group

Swiss Telecomm Company Pays $7.8 Million to Settle OFAC Sanctions Violations

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OFAC continues to aggressively enforce its sanctions programs.  In its latest enforcement action, OFAC agreed with Société Internationale de Télécommunications Aéronautiques SCRL (“SITA”), a Swiss telecom company, to an...more

Jones Day

Be Wary of Warranties for Software Design

Jones Day on

The Situation: Whether warranties accompany software used in other products turns on many factors, including whether the designer is providing a "good" or "service," statements in advertising, representations made in sales...more

Akin Gump Strauss Hauer & Feld LLP

Six Recent Government Supply Chain Risk and Cybersecurity Initiatives

• DoD and other government agencies will scrutinize contractors’ supply chain security plans and programs from proposal submission to contract closeout. • The 2019 NDAA as approved by Congress and DHS initiatives highlight...more

Sheppard Mullin Richter & Hampton LLP

Is Your Online Job Application Accessible To The Visually Impaired? The Newest Website Accessibility Claims

In recent years, businesses have been inundated with a wave of serial litigation wherein private plaintiffs have argued that websites that are insufficiently compatible with screen reading software are in violation of Title...more

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