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The government encourages technology transfers between the private and federal sectors. This is done mainly through Cooperative Research and Development Agreements (CRADA), and NASA's and the Department of Defense's (DOD) "other transactions," which permit access by private companies to government technology, inventions, expertise, and facilities (principally federal laboratories). The rights, obligations, and remedies under these agreements are very different from those commercial or traditional government contracts. Moreover, there is no uniform set of regulations that apply to CRADAs or other transactions. Instead, there are a wide variety of "model" agreements, which follow in varying degrees the broad statutory authority for these transactions.

Our lawyers are experienced in the unique difficulties posed by CRADAs and other transactions. These include:

  • Providing guidance on the Federal Technology Transfer Act of 1986, 15 USC. § 3710a
  • Determining the allocation of patent rights, licenses, and assignments for inventions developed under CRADAs and other transactions
  • Addressing rights in other valuable intellectual property developed under these agreements
  • Advising on foreign ownership, control, or influence issues associated with CRADAs and other transactions

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"“Mere allegations of fraud do not divest the Board of jurisdiction” – Government’s Motion to Dismiss Denied When It Cannot Prove that Appeal Resolution Depends on a Factual Determination of Fraud," Government Contracts Bullet Points (May 7, 2021). Contacts: Stephen J. McBrady, Brian Tully McLaughlin, Lyndsay A. Gorton, Catherine O. Shames
Client Alert/Newsletter
"Biden’s First 100 Days: Developments to Date and What Lies Ahead," Climate Law & Environmental Finance Update (May 7, 2021). Contacts: James G. Flood, Michael K. Atkinson, Tim Shadyac, Troy A. Barsky, Byron R. Brown, Caroline E. Brown, Robert A. Burton, Matthew Cohen, Kelly T. Currie, Jodi G. Daniel, W. Scott Douglas, Carina C. Federico, Paul Freeman, Thomas P. Gies, Alexis J. Gilman, Christine B. Hawes, Robert Holleyman, Stacie Heller, S. Starling Marshall, Shelley Su, Jeane A. Thomas, CIPP/E, Scott L. Winkelman, Tiffany Wynn
Client Alert/Newsletter
"Byte-Sized Q&A: Tell me about FedRAMP," Podcast: Byte-Sized Q&A (May 6, 2021). Contact: Kate M. Growley, CIPP/G, CIPP/US
Client Alert/Newsletter
"Fastest 5 Minutes: Minimum Wage for Contractors and Bid Protests (May 5)," Podcast: Fastest 5 Minutes in Government Contracts (May 5, 2021). Contacts: Peter Eyre, Monica DiFonzo Sterling
Client Alert/Newsletter
"Speak Now Or Forever Hold Your Protest: Intervenor’s Silence Waives Future Protest Grounds," Government Contracts Bullet Points (May 5, 2021). Contacts: Eric M. Ransom, Robert J. Sneckenberg
Client Alert/Newsletter
The Top Healthcare FCA Developments Of 2020 (May 4, 2021). Authors: Michael E. Shaheen, Matthew P. Vicinanzo, and Payal Nanavati.
Publications
Tech & Trade: A Look at New Opportunities & Risks Washington Lawyer (May 4, 2021)
Media Mentions
"Paycheck Protection Program Investigations," Investigations: Readiness and Response Webinar Series (April 30, 2021). Presenters: Olivia Lynch, Amy Laderberg O'Sullivan, Rebecca Monck Ricigliano, and Tiffany Wynn.
Speech/Presentation
"All Things Protest: Evolving Developments in Awardee Standing (April 2021)," Podcast: All Things Protest (April 30, 2021). Contacts: Olivia Lynch, Christian N. Curran
Client Alert/Newsletter
"President Biden Signs Executive Order Mandating $15 Minimum Wage for Certain Employees on Certain Federal Contracts," (April 29, 2021). Contacts: Lorraine M. Campos, James G. Flood, Kris D. Meade, Rebecca L. Springer, Jillian Ambrose, Rina M. Gashaw
Client Alert/Newsletter

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