New Exclusionary Powers Survive Court Test
Client Alert | 1 min read | 06.06.18
On May 30, U.S. District Court Judge Colleen Kollar-Kotelly denied Kaspersky Lab relief in two suits the company filed challenging the Department of Homeland Security’s Binding Operational Directive instructing federal agencies to remove company software from federal systems, and the National Defense Authorization Act’s specific preclusion of software from the company. The decision begins by announcing “[t]he United States government’s networks and computer systems are extremely important strategic national assets. . . .Their security depends on the government’s ability to act swiftly against perceived threats and to take preventive action to minimize vulnerabilities. These defensive actions may very well have adverse consequences for some third-parties. But that does not make them unconstitutional.”
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Client Alert | 1 min read | 04.18.24
GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings
On March 15, 2024, the General Services Administration (GSA) issued Acquisition Letter MV-2024-01 providing guidance to GSA contracting officers on the use of upfront payments for acquisitions of cloud-based Software-as-a-Service (SaaS). Specifically, this acquisition letter clarifies that despite statutory prohibitions against the use of “advance” payments outside of narrowly-prescribed circumstances, upfront payments for SaaS licenses do not constitute an “advance” payment subject to these restrictions when made under the following conditions:
Client Alert | 4 min read | 04.18.24
Client Alert | 6 min read | 04.16.24
Navigating the AI Intellectual Property Maze - Key Points From Congressional Hearing
Client Alert | 5 min read | 04.15.24
Making the EU Courts More Efficient for Trade-Related Decisions
