News & Analysis as of

Third-Party Federal Contractors

Sheppard Mullin Richter & Hampton LLP

Looking Beyond FedRAMP – Lessons from the U.S. Treasury Cybersecurity Incident

In the ever-evolving world of cybersecurity, even organizations that meet stringent security standards can be victims of sophisticated cyberattacks. A notable example of this is the December 8, 2024 cybersecurity incident...more

Foley & Lardner LLP

President Biden Issues Second Cybersecurity Executive Order

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In light of recent cyberattacks targeting the federal government and United States supply chains, President Biden’s administration has released an Executive Order (the “Order”) in an attempt to modernize and enhance the...more

Cozen O'Connor

Department of Defense Publishes Final Rule on Cybersecurity Maturity Model Certification

Cozen O'Connor on

On October 15, 2024, the Department of Defense (DoD) published the long-anticipated first part of its final rule (the Final Rule) for the Cybersecurity Maturity Model Certification (CMMC) program. After the implementation of...more

Conn Maciel Carey LLP

BREAKING: OSHA Issues Final Worker Walkaround Representative Designation Process Rule

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After an unusually short time at OMB, earlier today, OSHA revealed a pre-publication version of its Final Worker Walkaround Representative Designation Process Rule. The Official Final Rule will issue when it is published in...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL revises labor “persuader” form to require information about federal contracts, subcontracts

On July 28, the U.S. Department of Labor, Office of Labor-Management Standards, issued its final revision of Form LM-10 and a Fact Sheet. The revised form will require employers who use labor “persuaders” to indicate when the...more

Sheppard Mullin Richter & Hampton LLP

Federal Government Outlines New Security and Attestation Requirements for Software

Per Executive Order 14028, Improving the Nation’s Cybersecurity, the Office of Management and Budget (OMB) issued a memorandum on September 14, 2022 requiring federal agencies to only use software from software producers that...more

Husch Blackwell LLP

“Vernon’s Got Prospects. He’s Bona Fide.” — Understanding The Covenant Against Contingent Fees

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Breaking into federal government contracting can be daunting. There are ever-changing compliance obligations to consider and complex bidding and proposal submission requirements to navigate. An entire industry of sales...more

Husch Blackwell LLP

Novation Agreements Under Federal Contracts

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A unique aspect of doing business with the federal government is the built-in limits on a contractor’s right to assign the contract or the right to payment under the contract to third parties. The Anti-Assignment Act (41...more

Husch Blackwell LLP

How The Federal Circuit’s Boeing Decision Protects Contractor Ownership Of Technical Data

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The Federal Circuit’s recent decision in Boeing Co. v. Secretary of Air Force, 983 F.3d 1321 (Fed. Cir. 2020), provides some useful clarity on the contents of the restrictive markings and legends that contractors affix to the...more

Pullman & Comley, LLC

Top Five (5) Concerns Selling or Acquiring an Entity with Government Contracts

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Contract review is one of the most onerous (and important) processes in any due diligence process when buying or selling a company. We all know that those contracts are the backbone of many businesses- they document the...more

Pillsbury Winthrop Shaw Pittman LLP

Defense Contractors Have Some Leeway to Mark Noncommercial Technical Data to Restrict Rights of Non-Government Third Parties

The U.S. Court of Appeals for the Federal Circuit interprets DFARS technical data rights clause to allow contractors to mark technical data delivered to the government to restrict the rights of non-government third parties. ...more

Perkins Coie

DoD’s Cybersecurity Rule Will Expand Assessments of Defense Industry to Safeguard Unclassified Information, Raising New...

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The U.S. Department of Defense (DoD) has issued a long-awaited interim rule to safeguard unclassified information in the possession of defense contractors by making periodic assessments of a company’s cybersecurity compliance...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Issues Interim Rule Implementing CMMC Cyber Rules for all DoD Contractors

Once CMMC has been rolled out, nearly all DoD contractors will need to be assessed by a third party for the issuance of a CMMC Certificate. The Interim Rule provides for a phased rollout over five years for all contractors...more

Perkins Coie

DoD’s Cybersecurity Verification Regime: New Details Emerge Related to Third-Party Auditor Training and Accreditation

Perkins Coie on

A key area of focus in the Department of Defense’s (DoD) gradual rollout of its Cybersecurity Maturity Model Certification (CMMC) is the training and accreditation of third-party assessors that will be responsible for...more

Pillsbury Winthrop Shaw Pittman LLP

Government Contractor M&A Deals Beware

Recent Government Accountability Office (GAO) protest decision on standing holds key implications for government contract asset deals. GAO held that contractor who had sold relevant contract assets to another company...more

PilieroMazza PLLC

“March-in” Rights – The (Paper) Damoclean Sword of Federal Procurement Patent Law

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Given the recent PilieroMazza webinar on Data Rights in federal contracting, we have had a number of clients raise concerns or questions about the government’s “march-in” rights under the Bayh-Dole Act, which controls certain...more

Foley & Lardner LLP

Are You a Government Subcontractor?

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Just because your company does not contract directly with the government does not necessarily mean you are not subject to the many requirements associated with government contractors. Those who provide goods and services to...more

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