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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 | 05.01.26

Federal Court Blocks Trump Administration Policies Restricting Wind and Solar Permitting

A coalition of regional clean energy trade associations — including RENEW Northeast, Alliance for Clean Energy New York, Southern Renewable Energy Association, and Interwest Energy Alliance — along with the Green Energy Consumers Alliance (GECA), filed suit in December 2025 against the Department of the Interior (DOI), the Bureau of Land Management, the Bureau of Ocean Energy Management, the U.S. Fish and Wildlife Service (USFWS), and the Army Corps of Engineers. The complaint alleged that five agency actions, issued in response to a series of executive orders and presidential memoranda beginning on January 20, 2025, violated the Administrative Procedure Act (APA) by arbitrarily halting or restricting federal permitting for wind and solar energy projects. Plaintiffs sought a preliminary injunction to halt enforcement of these policies while the litigation proceeds. See Renew Northeast, et al. v. U.S. Dep’t of Interior, et al., No. 25-cv-13961-DJC,  (D. Mass. Apr. 21, 2026) ECF Dkt. 89....