Taking the Mystery Out of Data Rights

Overview

Taking the Mystery Out of Data Rights - offered now as a classroom/in-person course!

The data rights clauses are among today’s most important but most misunderstood and misapplied contract provisions. This is a problem for everyone because of the ever-increasing demand for technical data and software rights. But it is a problem this course can fix.

This one-day course by Jay DeVecchio will simplify and clarify the data rights clauses in ways you have not previously experienced. Whether you are new to contracting or a seasoned veteran, you will walk away understanding exactly how the data rights clauses work and be well-armed with practical, valuable insights.

Mr. DeVecchio has practiced in this field for more than 40 years. Chambers USA 2022 offered this view: “He is regarded as the industry leader in the complex, evolving area of data rights and intellectual property in government contracts.”

After this course, you will be able to:

Demonstrate knowledge of data rights clauses
Determine developmental costs and data rights
Ascertain the difference between rights
Reference DFARs clauses

Dates/Locations

No upcoming dates/locations at this time

Agenda

8:00 AM - 3:00 PM

La Jolla, CA

Data Rights: A Little Bit of Needed Simplicity & Common Sense

Thinking Differently About the Data Rights Clauses: What Would The Admiral Say About Data Rights If He Developed Something in His Garage With His Own Money?

Who Conducted & Paid for Development?

Improvements May Not Be Developments
Private Expense Is Easy

Putting This Together

Figuring Out Development & Funding at The Lowest Component Level
License Rights, Not Ownership
Not Exclusive Rights or Delivery Rights

Be Careful of DALs & IPTs
Marking Requirements for Data & Software

Magic Words
Words On Silicon Chips – Marking Firmware
DOD Distribution Statements

Ownership, Subcontractors & Royalties
DOD’s Dissatisfaction
Rights in Computer Software Made Easy

Software Is Not Technical Data
Commercial Computer Software DOD vs Civilian Agencies: The Clause
IR&D Considerations & Practical Advice on Your Record Keeping
Restricted Rights vs Limited Rights

Filing Out a Proposal Assertions Table
Commercial Computer Software in More Detail

A Frolic & Detour into Data Rights in Other Transactions
How To Handle Data Rights Challenges

The Clauses & Statutes
DFARS Technical Data Rights Challenge
DFARS Software Validation Challenges
Statute of Limitations
DOD’s Quirk for Electing a Forum & the Privity Conundrum

Responding To a Challenge

Preparing the Narrative
Make Life Easier Going Forward

An Overview of Intellectual Property in Government Contracts

Limited & Restricted Rights Are Trade Secrets
Patents & Copyrights Briefly & Simplified
Limited, Restricted, Government Purpose & Special License Rights
A Summary of Everything You Have Learned Today

Experts

W. Jay DeVecchio

Litigator, former Co-Chair of Government Contracts & Public Procurement, Morrison & Foerster

W. Jay DeVecchio is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to compl...

See Full Bio

Accreditation

See Individual Courses For Available Credits

Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.

CPE: Continuing Professional Education

Field of Study: Specialized Knowledge

Delivery Method: Group-Live Classroom

Federal Publications Seminars is affiliated with West Professional Development and is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.

For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.

CPE Hours

This program is eligible for: 6.0 (CPE) hours of credit

Program Level: 100

Program Prerequisite: n/a

Advance Preparation: n/a

Method: n/a

CLP: Continuous Learning Points

Approved for CLP by Defense Acquisition University

Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.

CLP Hours

This program is eligible for: 6.0 (CLP) hours of credit

CLE: Continuing Legal Education

States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.

Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.

CLE Hours

This program is eligible for: 5.5 (60 minutes), (50 minutes)

Travel

No travel information is available at this time

In-House

Bring Federal Publications Seminars to your location! If you would like to offer this course in-house, please contact us.

Schedule Training

Fill out this form and someone from FPS will contact you shortly. You can fill out as much or as little information as you would like. Prefer to talk to us? Call 888.865.9082.

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CMBOK Alignments

Leadership

Character

Collaboration

Competence

Emotional Intelligence

Vision

Management

Business Management

Change Management

Financial Management

Project Management

Risk Management

Supply Chain Management

Guiding Principles

Communication and Documentation

Contract Principles

Regulatory Compliance

Situational Assessment

Skills and Roles

Standards of Conduct

Team Dynamics

Pre-Award

Plan Sales

Plan Solicitation

Prepare Offer

Request Offers

Award

Manage Disagreements

Plan Negotiations

Price or Cost Analysis

Select Source

Post-Award

Administer Contract

Close Out Contract

Ensure Quality

Manage Changes

Manage Subcontracts

Learn

Continuous Learning

Individual Competence

Organizational Capability

Level

100

Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
200

Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
300

Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
400

Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
500

Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.