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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 | 6 min read | 07.09.26

EU Steel Overcapacity Regulation: New Permanent Measure in Force from 1 July 2026

The EU’s steel safeguard under Implementing Regulation (EU) 2019/159 expired on 30 June 2026 and has been replaced by a new permanent instrument — the EU Steel Overcapacity Regulation (Regulation (EU) 2026/1384) (the Regulation”). It imposes tariff-rate quotas and an out-of-quota duty, similarly to the steel safeguard measures that expired. The out-of-quota duty has been raised from 25% to 50% to minimize the risk of trade diversion. The Regulation reduces duty-free imports of 26 categories of steel products into the EU by an average of 47% compared with the quotas under the until recently applicable safeguard measures....

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