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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 | 04.29.26

CMS Seeks to Expand Interoperability Requirements to Drug Pre-Authorization (FAQ)

On April 10, 2026, the Centers for Medicare and Medicaid Services (CMS) issued a proposed rule (2026 CMS Interoperability Standards and Prior Authorization for Drugs, or CMS-0062-P) outlining the agency’s plans to impose new interoperability requirements on payors participating in certain Medicare and Medicaid programs. As described by the agency in a recent press release, the proposed rule “builds on” prior rulemaking by clarifying and enhancing interoperability requirements for payors’ prior authorization processes, specifically those associated with coverage requests for pharmaceutical therapies....