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Software DFARS Department of Defense (DOD)

McCarter & English Blog: Government Contracts...

They Did It. They Really Did It! The Arrival of the FAR CUI Proposed Rule

After years of anticipation, the Federal Acquisition Regulation (FAR) Council has announced the arrival of its proposed rule to enhance the safeguarding of Controlled Unclassified Information (CUI) in federal contracts (the...more

Morrison & Foerster LLP - Government...

SHARE IT Act Requires Agencies to Share Custom-Developed Source Code Throughout the Government

On December 23, 2024, President Biden signed the Source Code Harmonization and Reuse in Information Technology Act (“SHARE IT Act” or “the Act”), which provides a formal mechanism for federal agencies to store and share...more

Sheppard Mullin Richter & Hampton LLP

Governmental Practice Cybersecurity and Data Protection: 2024 Recap & 2025 Forecast Alert

To kick off the New Year (and as is now tradition, since we put out a similar Recap & Forecast last year), Sheppard Mullin’s Governmental Practice Cybersecurity & Data Protection Team has prepared a cybersecurity-focused 2024...more

Sheppard Mullin Richter & Hampton LLP

DoD Issues Proposed Rule for New Disclosures on Foreign Review of Computer Code

On November 15, 2024, the Department of Defense (“DoD”) issued a long-awaited Proposed Rule to implement Section 1655 of the National Defense Authorization Act for Fiscal Year 2019. Section 1655 prohibits DoD from...more

Wiley Rein LLP

Updates on Cybersecurity Requirements for Government Contractors

Wiley Rein LLP on

Part of the Biden Administration’s push to enhance U.S. cybersecurity capabilities has focused on imposing new requirements on government contractors. The 2023 National Cybersecurity Strategy suggested, for example, that...more

Fenwick & West LLP

What Defense Innovators Need to Know About Defense Dept.’s Changes to IP Rights

Fenwick & West LLP on

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

Woods Rogers

DoD Unveils Cybersecurity Strategy for Defense Industrial Base: What You Need to Know

Woods Rogers on

The United States Department of Defense (“DoD”) recently published its Defense Industrial Base Cybersecurity Strategy 2024. For context, the DIB is comprised of more than 100,000 domestic and foreign companies or...more

Ankura

DoD Re-Emphasizes Commitment to Holding Contractors Accountable on Cybersecurity

Ankura on

While the DoD charts a path forward on CMMC, the USG is emphasizing the need to comply with existing cyber obligations in government contracts and taking steps to enforce compliance with those obligations. The June 16 Memo...more

Bradley Arant Boult Cummings LLP

Executive Order on Cybersecurity Sets Aggressive Timeline

The Colonial Pipeline cyberattack prompted the issuance of a long-awaited executive order (EO) on improving U.S. cybersecurity. The EO mandates that, within six months, all federal agencies implement multi-factor...more

Foley & Lardner LLP

President Biden Issues Executive Order to Strengthen U.S. Cybersecurity Practices

Foley & Lardner LLP on

On May 12, 2021, President Biden issued an Executive Order on Improving the Nation’s Cybersecurity following a series of highly publicized cybersecurity incidents during the first four months of his presidency, including the...more

Morrison & Foerster LLP - Government...

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

McCarter & English Blog: Government Contracts...

National Defense Authorization Act FY 2018: Directions In Federal Software Acquisitions

On December 12, 2017, President Trump signed the $700 billion 2018 National Defense Authorization Act (“NDAA”) into law. Following negotiations between the House and Senate Armed Services Committees, the NDAA includes new...more

McCarter & English Blog: Government Contracts...

Restricted Rights Under DFARS 252.227-7014: Practitioner Advice for Avoiding DoD Licensing Pitfalls

This article focuses on contractor licenses that grant “Restricted Rights” in “Noncommercial Software” to the federal Government under Defense Federal Acquisition Regulation Supplement (“DFARS”) 252.227-7014. DFARS...more

McCarter & English, LLP

U.S. Government Open Source Software: OMB’s Memorandum on Federal Source Code Policy Exposes IP Ownership Risk

On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The...more

Morrison & Foerster LLP

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

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