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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 | 03.25.26

NAIC Intensifies AI Regulatory Focus: What Health Insurance Payors Need to Know

The National Association of Insurance Commissioners (NAIC) is intensifying its oversight of how insurers use AI — and the pace of regulatory activity shows no signs of slowing. Over the past several months, the NAIC has published a formal Issue Brief staking out its position on federal AI legislation, launched a multistate AI Evaluation Tool pilot aimed at examining insurers’ AI governance programs, and continued to expand adoption of its AI Model Bulletin across state lines. These developments continue a trend towards enhancing regulation; the NAIC adopted AI Principles in 2020 and a Model Bulletin in 2023 clarifying that existing insurance laws apply to AI systems and establishing expectations for governance, documentation, testing, and third-party oversight. That Model Bulletin has now been adopted in approximately 24 states....