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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.

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Client Alert | 7 min read | 06.24.26

DOJ’s National Security Division Announces First Declination Under New Corporate Enforcement Policy With Parallel BIS Settlement

On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch....