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3 hours

This is session 1 of 3 in the Rights in Technical Data and Computer Software virtual course.

An essential 1.5-day virtual course for government contract professionals.

Includes coverage of Data Rights issues in Federal Supply Schedule contracting, new developments in Open Source Software issues, and the FAR Part 27 Plain English Rewrite. Coverage also includes:

  • Coverage of new developments in both defense and civilian agency procurements.
  • Special coverage of the final DOD regulations and of the Information Technology Management Reform Act (ITMRA).
  • How product ownership is negotiated and determined.
  • Contractor and Government options, rights, and responsibilities.
If you're involved in government contracting, you undoubtedly know how vital patents, technical data, and computer software rights are. If you don't know, then you must learn, for these rights mean product ownership of intellectual property in both the present and future, and how ownership will be determined between the government and the contractor.

It is, however, an unusually complex area containing a wide range of variables and circumstances. In addition, the difficulties are compounded by the government's determination to completely retain title to the patents and technical data for products it has contracted for, and from the unique problems that can arise when computer software is the product at hand.

The purpose of this specialized course is to provide the most practical information possible on computer software, patents, and technical data rights from the perspective of both the government and contractors and their professional advisers. It is a clear, incisive analysis of each side's rights, responsibilities, and remedies.

The detailed course curriculum tells the story. In addition, the program will be presented by an expert course faculty: government contract professionals with exhaustive experience in this crucial area of procurement who have authored an extensive course manual for participants.

Learning Objectives:
Upon completion of this course you will:

  • Recognize the FAR/DFAR clauses related to data rights in government contracts
  • Apply ITMRA to programs, services and products
  • Demonstrate how to better protect ownership to data rights as well as software when dealing with the government
  • Develop an understanding during and after negotiations the importance of data and software ownership rights
 
 NOTE: On-Demand Virtual Course sessions are not eligible for CLE/CPE credits.
About Our Experts
  • W. Jay DeVecchio
    Senior of Counsel, Washington D.C.
    Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice, with 46 years’ experience in the field. Clients from the aerospace, technology, and healthcare sectors seek his representation in all facets of government procurement law—from bid protests to complex claims and disputes through suspension and debarment. He also has an extensive practice in related issues, such as civil fraud and qui tam False Claims Act (“FCA”) actions. Quoting from a source, Chambers USA called Jay: “The best litigator in the country on government contracts and related matters.”

    Mr. DeVecchio’s litigation successes include a defendant’s jury verdict in a $480 million FCA case in which he was trial counsel; prevailing in one of the largest defective pricing appeals tried to date; enjoining the Department of Defense for an improper debarment; winning the leading case on latent defects in government contracts; and achieving victory in the Eleventh Circuit's decision on false claims immunity for Medicare contractors. He has more than 50 reported decisions.

    Since 2005, Jay has been named a leading national practitioner in Government Contract Law by Chambers USA. He similarly has been named a Top Washington Lawyer in Government Contracts by both The Washington Business Journal and The Washingtonian. Jay has been a guest instructor at the University of Virginia, the George Washington University Law School Government Contracts Program, and the American University Washington College of Law. He conducts seminars on diverse subjects including claims, disputes, terminations, and data rights and has written extensively on all these topics.
    Duke University
    (B.A., 1974, cum laude)
    The Catholic University School of Law
    (J.D., 1978)

    RANKINGS
    Chambers USA 2020
    Jay is widely acknowledged as “the premier government contracts attorney with respect to intellectual property and data rights.”

    Chambers USA 2019
    Clients describe Jay as “one of the most seasoned government contract advisors and litigators in the industry.”

    Legal 500 US 2020
    Recommended for Government Contracts
  • Keith R. Szeliga
    Partner, Sheppard Mullin Richter & Hampton LLP
    Keith R. Szeliga is a partner and Co-Practice Group Leader in the Government Contracts, Investigations, and International Trade Group in Sheppard Mullin’s Washington, D.C. office. Mr. Szeliga represents clients ranging from small businesses to the nation's largest defense contractors in a broad range of government contracts matters. His practice includes bid protests, compliance reviews and counseling, audits and investigations, mergers and acquisitions, subcontracts and teaming agreements, and claims and appeals.
    Mr. Szeliga advises clients regarding the full spectrum of statutes and regulations applicable to government contractors. With regard to government contracts intellectual property in particular, his experience includes counseling clients regarding standard intellectual property clauses, negotiating licenses, customizing end user license agreements, developing intellectual property protection strategies, implementing policies and procedures, conducting internal reviews, and supporting claims. Mr. Szeliga also has specialized expertise in the areas of government contracts cost and pricing, ethics and compliance, personal and organizational conflicts of interest, revolving door restrictions, mandatory disclosures, and small business issues relevant to mergers and acquisitions. Mr. Szeliga publishes and lectures frequently on these and other topics of interest to the government contracts community. His full bio and publications are available at http://www.sheppardmullin.com/kszeliga.
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