On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the first update in over 13 years since the last amendment in 2010. The 2023 Regulations take effect on January
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Bid Protest Hub – February 2024
In February 2024, the Government Accountability Office (“GAO”) published 26 decisions, five of which were sustained. There was also one denial of costs and one denied request for reconsideration. Below is a summary of February’s notable decisions and what potential protesters can learn from them.…
Updates on GHG Emissions Disclosure Requirements
Class Deviation Prohibits DoD from Requiring Contractors to Disclose Emissions
Over the past two years, the FAR Council has been working to develop a rule that would amend the Federal Acquisition Regulation (“FAR”) to require contractors to inventory and report their greenhouse gas (“GHG”) emissions and climate-related financial risk in order to be eligible for…
CISA Opens Repository for Submission of Software Security Attestation Forms
On March 11, 2024, the Cybersecurity and Infrastructure Security Agency (“CISA”) and the Office of Management and Budget (“OMB”) released the highly-anticipated Secure Software Development Attestation Form (also known as the “Common Form”) and on March 18, 2024 CISA’s repository for the forms went live.…
Paid in Full: GSA Approves Advance Payment for SaaS Licenses
GSA long has stated that the “MAS program is designed to mirror commercial buying practices.” (Don’t laugh – I’m serious! Slide 12 if you don’t believe me.) In the commercial marketplace, SaaS licenses are sold for set periods of time (typically annual terms) and paid for in advance. Historically, GSA refused to accept this commercial…
Finally Invited to the Party? Federal Circuit Opens the Door for Software Companies Selling Through Resellers to Bring a Contract Claim Against the Federal Government
In January 2022, we warned software companies selling indirectly against attempting to enforce the terms of their End User License Agreement (“EULA”) directly against the Federal Government based on the decision of the Civilian Board of Contract Appeals (“CBCA”) in Avue Technologies Corp. Earlier this month, the Federal Circuit gave software companies some hope…
Adapting Underutilized Commercial Spaces for Residential Redevelopment: New Tools and Challenges
Brooke Miller and Shannon Mandich’s article “Adapting Underutilized Commercial Spaces for Residential Redevelopment: New Tools and Challenges” was recently featured in the NAIOP Commercial Real Estate Development Magazine Spring 2024 Issue. The article discusses the tools and challenges of adopting underutilized commercial spaces for residential redevelopment. This article sheds light on the pros and cons of adaptive…
Lesson Learned: Man Charged with Insider Trading After Misappropriating Information from Wife’s Work-From-Home Calls
As we previously reported here in March 2020, the implementation of remote work policies heightens the risk of misappropriation of trade secrets in remote work environments and could require businesses to take additional steps to ensure the security of their trade secrets and confidential information. In the last few years, the Securities and Exchange Commission…
ICO Has Concerns Over Facial Recognition Use
Earlier this month the UK privacy office put a stop to several related entities’ use of facial recognition technologies and fingerprint monitors for their employees. The UK Information Commissioner’s Office found that the companies were using the tools to monitor attendance. However, the ICO felt that the companies could have used “less intrusive technologies” -like…
Organizational Integrity Shorts: Don’t Just Let the Dominoes Fall; Understand the Paths They Might Take
Let’s say you’re a publicly traded manufacturer of a popular medical device, which you sell commercially as well as to a number of VA hospitals. You receive an anonymous internal hotline complaint alleging that certain unauthorized, reverse-engineered components were used in the manufacturing process and that certain quality tests were skipped in the interest of…