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This is session 2 of 3 in the FPS Intellectual Property Series.

If you thought there were misconceptions about rights in technical data, be assured there is even greater confusion about rights in noncommercial and commercial computer software.

In this Webinar, W Jay DeVecchio of Morrison & Foerster LLP will address the fundamental aspects of the software clauses and point out the commonalities and the differences between those clauses and the technical data provisions. 

Learning Objectives: 
By the end of this webinar, you should understand:
  • the definitions of when development occurs, how one has to mark software (including software within a silicon chip), the notable absence at DOD of any clause for commercial computer software and the corresponding use under the FAR of a peculiar commercial clause.
  • the proper contents of software license agreements
  • how one prices commercial software, and how uniquely-governmental software can be or become commercial.

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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