Finally Invited to the Party? Federal Circuit Opens the Door for Software Companies Selling Through Resellers to Bring a Contract Claim Against the Federal Government
In January 2022, we warned software companies selling indirectly against attempting to enforce the terms of their End User License Agreement (“EULA”) directly against the Federal Government based on the…
Continue Reading Finally Invited to the Party? Federal Circuit Opens the Door for Software Companies Selling Through Resellers to Bring a Contract Claim Against the Federal GovernmentGSA long has stated that the “MAS program is designed to mirror commercial buying practices.” (Don’t laugh – I’m serious! Slide 12 if you don’t believe me.) In the commercial…
Continue Reading Paid in Full: GSA Approves Advance Payment for SaaS LicensesCISA Opens Repository for Submission of Software Security Attestation Forms
On March 11, 2024, the Cybersecurity and Infrastructure Security Agency (“CISA”) and the Office of Management and Budget (“OMB”) released the highly-anticipated Secure Software Development Attestation Form (also known as…
Continue Reading CISA Opens Repository for Submission of Software Security Attestation FormsClass Deviation Prohibits DoD from Requiring Contractors to Disclose Emissions
Over the past two years, the FAR Council has been working to develop a rule that would amend the Federal…
Continue Reading Updates on GHG Emissions Disclosure RequirementsNew Hampshire, the Granite State, Joins Privacy Law Deluge: Sets Its Law in Stone
New Hampshire’s governor has signed into law the second state comprehensive privacy law of 2024. The law takes effect on January 1, 2025 – the same day as Iowa and…
Continue Reading New Hampshire, the Granite State, Joins Privacy Law Deluge: Sets Its Law in StoneBrooke Miller and Shannon Mandich’s article “Adapting Underutilized Commercial Spaces for Residential Redevelopment: New Tools and Challenges” was recently featured in the NAIOP Commercial Real Estate Development Magazine Spring 2024 Issue. The…
Continue Reading Adapting Underutilized Commercial Spaces for Residential Redevelopment: New Tools and ChallengesLesson Learned: Man Charged with Insider Trading After Misappropriating Information from Wife’s Work-From-Home Calls
As we previously reported here in March 2020, the implementation of remote work policies heightens the risk of misappropriation of trade secrets in remote work environments and could require businesses…
Continue Reading Lesson Learned: Man Charged with Insider Trading After Misappropriating Information from Wife’s Work-From-Home CallsEarlier this month the UK privacy office put a stop to several related entities’ use of facial recognition technologies and fingerprint monitors for their employees. The UK Information Commissioner’s Office…
Continue Reading ICO Has Concerns Over Facial Recognition UseSeveral recent cases arising under the federal Food, Drug, and Cosmetic Act (“FDCA” or the “Act”), 21 U.S.C. § 301 et seq., highlight the usefulness of preemption as a defense…
Continue Reading FDCA Preemption: A Powerful Tool for Defending Class ActionsLet’s say you’re a publicly traded manufacturer of a popular medical device, which you sell commercially as well as to a number of VA hospitals. You receive an anonymous internal…
Continue Reading Organizational Integrity Shorts: Don’t Just Let the Dominoes Fall; Understand the Paths They Might TakeThird Circuit Ruling Gives CFPB Green Light to Enforce Against Student Loan Trusts
In a significant ruling on March 19, the Third Circuit Court of Appeals held that the CFPB can proceed with its lawsuit against a group of Delaware student loan trusts…
Continue Reading Third Circuit Ruling Gives CFPB Green Light to Enforce Against Student Loan TrustsNew Hampshire Enacts Comprehensive Consumer Privacy Law
On March 6, New Hampshire Governor Chris Sununu signed into law SB 255, a sweeping consumer privacy bill. The Act gives consumers broad rights regarding their privacy and control over…
Continue Reading New Hampshire Enacts Comprehensive Consumer Privacy LawOn February 7, 2024, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) issued a Notice of Proposed Rulemaking (the “Proposed Rule”) designed to combat and deter money…
Continue Reading FinCEN Proposes New Rule to Deter Money Laundering in the Residential Real Estate SectorThe Department of Health & Human Services through the Office of the National Coordinator for Health Information Technology recently updated the process for certification of health information technology. Some of…
Continue Reading Out in the Open: HHS’s New AI Transparency RuleCal/OSHA Publishes Long-Awaited Guidance and Model Workplace Violence Prevention Plan
Starting July 1, 2024, California employers across all industries must have a written Workplace Violence Prevention Plan (“WVPP”) in place. As previously reported, the recently enacted SB 553 established…
Continue Reading Cal/OSHA Publishes Long-Awaited Guidance and Model Workplace Violence Prevention Plan6 Key Considerations for Selling Carbon Pollution-Free Electricity to the Federal Government
In line with the goals set forth in the Federal Government’s Federal Sustainability Plan, the General Services Administration (“GSA”) recently issued a Request for Information (“RFI”) stating its intent to…
Continue Reading 6 Key Considerations for Selling Carbon Pollution-Free Electricity to the Federal Government