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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 | 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....

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