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CPE, CLE Accredited
This is session 1 of 2 in the Licsensing Software and Technology to the Federal Government virtual course.

The regulations and contract clauses pertaining to the Government's rights when obtaining licenses to computer software programs and documentation are complex and highly unique, differing greatly from commercial transactions. Moreover, they have recently changed significantly. The software licensing landscape had altered greatly from a three-year rewrite by the Department of Defense, and from acquisition streamlining legislation. The result was an entirely new Part 227, Rights In Technical Data and Computer Software, of the Department of Defense Federal Acquisition Regulation Supplement (the DFARS).

These new licensing regulations contain, for the first time, clauses dedicated exclusively to computer software documentation. And, they substantially revise the basis on which a contractor can assert proprietary interests when licensing software products to the Government. These changes join the wide range of regulations, rights and responsibilities already in existence on the licensing of commercial and specially contracted-for software. In short, this is a complex, dynamic subject - one which software providers must know about, understand and be able to effectively manage at every step.

This special virtual course provides clear, authoritative analysis and instruction on software licensing, offering answers to vital questions and issues, including:

  • How can software providers and contractors maximize their rights and product protections?
  • What types of licensing rights are available? How should they be written?
  • What software and documentation do the new regulations require to be delivered with a license for unlimited rights?
  • What danger/warning signals should you be looking for in solicitations?
  • How do the new regulations define software "developed at private expense"?
  • How is the licensing software treated when it is developed with indirect costs?
  • How can proprietary source codes be protected?
  • How can software developers protect proprietary applications to which the standard contract language would give the Government unlimited rights?

This live virtual course is eligible for both CLE and CPE credit.
NOTE: CPE/CLE credit for attendees are subject to participation and approval by the governing boards.

NASBA CPE ACCREDITATION INFORMATION
Learning Level: Beginner
Prerequisites: None
Field of Study: Specialized Knowledge
Delivery Method: Group Internet Based

For more information regarding administrative policies such as refunds, cancellations and complaints, please contact Federal Publications Seminars at 888.494.3696.

West Professional Development is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website:
www.nasbaregistry.org.

About Our Experts
  • W. Jay DeVecchio
    Litigator, former Co-Chair of Government Contracts & Public Procurement, Morrison & Foerster
    W. Jay DeVecchio is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment. He also represents clients in related issues such as criminal and civil fraud, qui tam actions, and internal investigations

    Jay’s litigation successes include defeating a major qui tam action in a jury trial, prevailing in one of the largest defective pricing appeals tried to date, enjoining the Department of Defense for an improper debarment, winning the leading case on latent defects in government contracts, and achieving victory in the Eleventh Circuit's decision on false claims immunity for Medicare contractors.

    He has been a guest instructor at the University of Virginia and the George Washington University Law School Government Contracts Program, and the American University Washington College of Law. Jay also conducts seminars on diverse subjects including claims, disputes, terminations, and data rights.
    Duke University
    (B.A., 1974, cum laude)
    The Catholic University School of Law
    (J.D., 1978)

    RANKINGS

    Chambers USA [2005 – 2022]

    Who’s Who Legal [2015]
    Public Procurement

    The Washingtonian Magazine Top Lawyer [2009-2022]

    The Washington Business Journal [2008]
    A Top Washington Lawyer in Government Contracts

    Washington DC Super Lawyers [2013-2015]
    Government Contracts
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