Wiley Rein LLP


Government Contracts | DATA RIGHTS AND PROTECTION OF CONTRACTOR TRADE SECRETS

Wiley Rein's Government Contracts attorneys are experts on the unique rules and contract clauses governing intellectual property and the Government’s rights in technical data and computer software under government contracts.  In addition, our Government Contracts attorneys are backed by experts in our Intellectual Property, Corporate, and Technology practices, who have a wealth of expertise in dealing with a variety of high-profile and complex intellectual property matters, from negotiating licenses and other technology transfer agreements to litigating high-profile intellectual property disputes.  As a result of this expertise, Wiley Rein attorneys are regularly called upon to advise government contractors and subcontractors on a variety of intellectual property issues, including:

  • Training contractor personnel on the unique Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and other supplemental agency regulations that relate to the treatment of intellectual property under government contracts, including how rights in technical data and computer software are determined and allocated, and how to spot "red flags" in solicitations and subcontract agreements.
  • Providing strategies to help contractors maximize the protection of their intellectual property rights when doing business with the federal Government or under a government contract.
  • Analyzing solicitations and agreements to identify potential intellectual property issues and appropriate legal strategies for addressing those issues.
  • Conducting internal audits and reviews of contractors' policies and procedures for protecting and maximizing the value of their intellectual property.
  • Drafting and negotiating licenses and other intellectual property agreements, including agreements with the Government and between private parties.
  • Assisting clients in protecting against the improper release of proprietary information under the Freedom of Information Act (FOIA), including "reverse-FOIA" actions.
  • Representing clients in disputes with competitors, in both federal and state court, involving theft or misuse of trade secrets, unfair competition, and violations of the Procurement Integrity Act.