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OMB Releases Final Federal Source Code Policy

Client Alert | 1 min read | 08.12.16

On August 8, 2016, OMB released the final federal source code policy, which requires new, custom-made source code developed specifically by or for the federal government to be made available for sharing and reuse across all federal agencies in an effort to minimize duplicative procurements and reduce federal vendor lock-in. The policy also establishes a pilot program that requires agencies commissioning new, custom software to release at least 20 percent of that code as open source software (OSS) for three years, which will require agencies to consider the value of publishing custom code as OSS and negotiate data rights reflective of its value, as well as to obtain sufficient rights to fulfill the policy’s objectives.


Insights

Client Alert | 8 min read | 09.09.25

FTC Stops Defending Rule Banning Noncompete Agreements, Opting Instead for “Aggressive” Case-by-Case Enforcement

On September 5, 2025, the Federal Trade Commission (“FTC”) withdrew its appeals of decisions issued by Texas and Florida federal district courts, which enjoined the FTC from enforcing a nationwide rule banning almost all noncompete employment agreements. Companies, however, should not read this decision to mean that their noncompete agreements will no longer be subjected to antitrust scrutiny by federal enforcers. In a statement joined by Commissioner Melissa Holyoak, Chairman Andrew Ferguson stressed that the FTC “will continue to enforce the antitrust laws aggressively against noncompete agreements” and warned that “firms in industries plagued by thickets of noncompete agreements will receive [in the coming days] warning letters from me, urging them to consider abandoning those agreements as the Commission prepares investigations and enforcement actions.”...