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6 min read

Do Vendor Lists Qualify as “Technical Data” in Government Contracts?

Rights in technical data (TD) are becoming increasingly important in government contracting. The Government seeks to acquire and use TD in the competitive acquisition of products and services. As is well known, lack of competition in federal...

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Government Challenges Privately Developed Commercial Data’s Restrictive Markings

6 min read

Government Challenges Privately Developed Commercial Data’s Restrictive Markings

In late November 2022, the Armed Services Board of Contract Appeals (ASBCA) ruled that the U.S. Government can mount a validation challenge against...

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Benefitting the Public Using the Department of Defense’s Technology Transfer Program

7 min read

Generative Artificial Intelligence Creates Copyright Issues

Since ChatGPT was released in November 2022 by OpenAI and quickly followed by other generative artificial intelligence (GenAI) platforms from other...

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Benefitting the Public Using the Department of Defense’s Technology Transfer Program

4 min read

Losing a Trademark to Genericization: The Case of Taco Tuesday

Tacos, anyone? “Taco Tuesday" was a registered trademark since 1989 and was owned by Taco John’s, a Wyoming-based fast food restaurant chain. Over...

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Cyber Incident Reporting Requirements for Government Contractors

7 min read

Cyber Incident Reporting Requirements for Government Contractors

The Defense Industrial Base (DIB) consists of more than 100,000 federal contractors. It is critical in providing the U.S. Government with...

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Understanding Export Controls Regulated by the DDTC and BIS

5 min read

Understanding Export Controls Regulated by the DDTC and BIS

Export controls within the United States are responsive to national security imperatives and foreign policy objectives. They are mainly controlled by...

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What are the Government’s March-In Rights in Subject Inventions?

5 min read

What are the Government’s March-In Rights in Subject Inventions?

Passed in 1980 and codified in 35 U.S.C. §§200 – 212, the Bayh-Dole Act (Act) allows contractors the option to own inventions made with government...

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5 min read

Software Developed in Technology Investment Agreement Considered Funded at Private Expense

A Technology Investment Agreement (TIA) is used by the Department of Defense (DOD) to stimulate research and development. The ultimate goal is to...

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CMMC Program Enhances DOD Contractors’ Cybersecurity

8 min read

CMMC Program Enhances DOD Contractors’ Cybersecurity

The Cybersecurity Maturity Model Certification (CMMC) program, first announced in 2019 by the Department of Defense (DoD), aims to enhance the...

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How New Colorado Privacy Act Impacts Your Business

6 min read

How New Colorado Privacy Act Impacts Your Business

The Colorado Privacy Act (CPA), currently set to take effect July 1, 2023, provides important privacy protections for Colorado residents and requires...

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