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3 hours
This is session 2 of 3 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?

 NOTE: On-Demand Virtual Course sessions are not eligible for CLE/CPE credits.
About Our Experts
  • W. Jay DeVecchio
    Senior of Counsel, Washington D.C.
    Jay is a litigator and former Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice, with 46 years’ experience in the field. Clients from the aerospace, technology, and healthcare 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 has an extensive practice in related issues, such as civil fraud and qui tam False Claims Act (“FCA”) actions. Quoting from a source, Chambers USA called Jay: “The best litigator in the country on government contracts and related matters.”

    Mr. DeVecchio’s litigation successes include a defendant’s jury verdict in a $480 million FCA case in which he was trial counsel; 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 more than 50 reported decisions.

    Since 2005, Jay has been named a leading national practitioner in Government Contract Law by Chambers USA. He similarly has been named a Top Washington Lawyer in Government Contracts by both The Washington Business Journal and The Washingtonian. Jay has been a guest instructor at the University of Virginia, the George Washington University Law School Government Contracts Program, and the American University Washington College of Law. He conducts seminars on diverse subjects including claims, disputes, terminations, and data rights and has written extensively on all these topics.
    Duke University
    (B.A., 1974, cum laude)
    The Catholic University School of Law
    (J.D., 1978)

    RANKINGS
    Chambers USA 2020
    Jay is widely acknowledged as “the premier government contracts attorney with respect to intellectual property and data rights.”

    Chambers USA 2019
    Clients describe Jay as “one of the most seasoned government contract advisors and litigators in the industry.”

    Legal 500 US 2020
    Recommended for Government Contracts
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