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Confidentiality Agreement FAR Provision Does Not Permit Employee Theft

Client Alert | less than 1 min read | 04.13.17

Crowell & Moring attorneys David Robbins and Trina Fairley Barlow published an article entitled “FAR Confidentiality Rule Doesn’t Authorize Employee Theft” that dispels common myths about the FAR’s confidentiality agreement provisions at 3.909 and the related contract clauses at FAR 52.203-18 and -19. Although purported whistleblowers are more commonly arguing they are entitled to take contractor documents in support of an enforcement proceeding, this article explains why such arguments are well beyond the scope of the regulation and suggests ways to respond if such a situation arises.

A copy of the article may be found here.

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Client Alert | 4 min read | 04.01.26

Supreme Court Rejects “Mere Knowledge” Standard for Contributory Copyright Infringement in Cox v. Sony, Reverses $1 Billion Judgment Against Cox

On March 25, 2026, in Cox Communications, Inc. v. Sony Music Entertainment, the U.S. Supreme Court reversed a $1 billion verdict against Cox. The judgment was the result of a jury trial in which Sony claimed that Cox was liable for contributory copyright infringement because it knew that its customers were using its service to infringe yet did not respond with sufficient diligence to prevent that infringement....