CFC Requires Strict Adherence To FAR’s Data Rights Clause
Client Alert | 1 min read | 01.28.04
In what the court characterized as an issue of first impression, the Court of Federal Claims in Ervin & Associates, Inc. v. U.S. (Jan. 20, 2004), reviewed the scope of the FAR’s “Rights In Data--General” clause (FAR 52.227-14), holding that, among other things, the contractor failed to protect its technical data with the required restrictive legends and thereby granted the government “unlimited rights” in the data. In rejecting numerous defenses raised by the contractor, the court required strict adherence to the procedural and substantive requirements of the clause, finding that the contractor’s efforts to remedy its deficiencies were “both too little and too late” – a finding that highlights the necessity for contractors to follow such requirements or risk losing valuable rights to proprietary data.
Contacts
Insights
Client Alert | 4 min read | 09.12.25
SBA’s OHA Further Defines Extraordinary Action in SDVOSB Appeal
On September 4, 2025, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) granted an appeal challenging SBA’s determination that a service-disabled veteran did not control an entity applying for Service-Disabled Veteran-Owned Small Business (SDVOSB) status based on a minority owner’s ability to block certain actions in the matter of VSBC Appeal of: Blue Skye Foods, LLC, SBA No. VSBC-442-A.
Client Alert | 6 min read | 09.11.25
U.S. Department of Commerce Partially Relaxes Export Controls on Syria
Client Alert | 9 min read | 09.11.25
Client Alert | 1 min read | 09.10.25
