Wiley Government Contracts

Wiley partners Cara Sizemore and Craig Smith turn the tables on host Scott Felder to explore the growing debate over the government's "right to repair." In this episode, Scott explains the data rights framework that has long governed defense contracting. Topics include whether the Department of Defense already has the tools to repair its own equipment, the challenges of balancing government access to technical data with incentives for contractor innovation, pending NDAA right-to-repair provisions, and what contractors should watch for as agencies seek broader data and license rights.

In this episode, hosts Scott Felder and Brian Walsh talk with Wiley partner Cara Sizemore about the pleading requirements bid protesters face at both the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC). They discuss GAO's post-Warfighter emphasis on "credible allegations supported by evidence," the practical challenges contractors face when developing protest grounds, and recent court decisions underscoring the importance of thoroughly pleading injunctive relief factors. They also share practical guidance for avoiding common pleading mistakes and positioning protests to survive early dismissal and proceed to a decision on the merits.

In this episode, hosts Brian Walsh and Scott Felder talk with Jon Burd, Wiley's Managing Partner-Elect, as he reflects on nearly 20 years as a member of the Government Contracts Practice – including his pivotal work on a landmark aerial refueling tanker bid protest. They also discuss today's rapidly shifting acquisition landscape, where an influx of commercial and defense tech companies is bringing new energy – and new compliance risks – to the federal marketplace. Jon also shares his perspective on how the government is rethinking contracting vehicles and investment strategies to keep pace with emerging technologies while preserving the transparency and fairness that define the system.

In this episode, hosts Scott Felder and Brian Walsh are joined by Jason McCullough, Diana Shaw, and Nick Peterson of Wiley's White Collar Defense & Government Investigations team for a deep dive into congressional investigations and oversight. Drawing on experience in government, enforcement, and private practice, they examine how investigations work in practice, the tools Congress uses, and the key issue areas drawing heightened scrutiny. Tune in for practical insights on how to better prepare for and navigate the legal, reputational, and collateral risks that can arise when Congress comes calling.

In this episode, Scott Felder and Brian Walsh break down what the FAR and DFARS overhauls actually mean for contractors' intellectual property and data rights. While headlines suggested sweeping reform, the reality is more nuanced: few substantive changes, some contractor-friendly developments, and several long-standing issues left unresolved. From mixed funding rules to data disclosure exceptions, they highlight what contractors can leverage today – and which unresolved issues may shape future rulemaking.

In this episode, government contracts attorneys Scott Felder and Brian Walsh talk with Megan Brown and Erin Joe of Wiley's Privacy, Cyber & Data Governance Practice to explore today's most pressing cyber risks. Megan and Erin share real world insights from advising clients on major incidents – such as ransomware attacks, nation state operations, data exfiltration, and more. Megan and Erin distill lessons from years of incident response and national security work, outlining how organizations can strengthen governance, manage third party risk, conduct effective tabletop exercises, navigate overlapping reporting requirements, and prepare for growing AI related regulatory scrutiny.

In this episode of Wiley's Government Contracts podcast, Wiley Partner Scott Felder discusses the complexities of software licensing in government contracts. The group covers key issues like license compliance, terminations, and navigating disputes with government agencies. This episode also highlights the Department of Defense's recent memo encouraging the use of innovative acquisition methods such as Other Transaction (OT) agreements.

In this episode of Wiley's Government Contracts podcast, partners Tracye Howard and Sara Baxenberg discuss the evolving national security concerns surrounding Internet of Things (IoT) modules produced by Chinese companies like Quectel. They delve into the implications of these developments for government contractors, focusing on the recent addition of Quectel to the U.S. Department of Defense's 1260H List and upcoming restrictions from the National Defense Authorization Act (NDAA). The conversation explores the interplay of various regulatory frameworks, potential changes to the FCC's covered list, and the broader implications for supply chains and contracting with the DOD.

In this episode, Wiley attorneys Vesna Harasic-Yaksic and Ira Mirsky dive into the latest developments with litigation over the Corporate Transparency Act (CTA) and potential roads ahead. They also explore its origins, implications for businesses, and complexities of compliance. They discuss reporting requirements, exemptions, and how small businesses, in particular, are impacted.

In this episode of Wiley's Government Contracts podcast, Cara Sizemore breaks down recurring issues in construction contracting, such as delays, change requests, and conflicting specifications, through the lens of recent appeals. Cara shares best practices for contractors, including compliance with notice obligations and how clear documentation can prevent costly litigation.

In this episode of Wiley's Government Contracts podcast, Cara Sizemore breaks down recurring issues in construction contracting, such as delays, change requests, and conflicting specifications, through the lens of recent appeals. Cara shares best practices for contractors, including compliance with notice obligations and how clear documentation can prevent costly litigation.

In this episode of Wiley's Government Contracts podcast, Ryan Frazee highlights key factors in choosing between the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC) when filing bid protests. Topics include differences in timing, the automatic stay at GAO, and the broader record available at the COFC, as well as diverging case law on issues like late proposal submissions, key personnel changes, and the handling of mandatory discussions in defense procurements over $100 million. This discussion is an essential listen for government contractors and legal professionals who navigate these critical decisions.

In this episode of Wiley's Government Contracts podcast, Ryan Frazee highlights key factors in choosing between the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC) when filing bid protests. Topics include differences in timing, the automatic stay at GAO, and the broader record available at the COFC, as well as diverging case law on issues like late proposal submissions, key personnel changes, and the handling of mandatory discussions in defense procurements over $100 million. This discussion is an essential listen for government contractors and legal professionals who navigate these critical decisions.

In this episode of Wiley's Government Contracts Podcast, Kevin Muhlendorf, a partner in Wiley's White Collar and Government Investigations practice, discusses the critical intersection of compliance in government contracting and the evolving roles of the SEC and DOJ. Kevin emphasizes the importance of internal compliance programs, the impact of whistleblower initiatives, and the nuances of recent regulatory developments. Listeners will gain a deeper understanding of the need for rigorous data management and transparent communication within their organizations to mitigate risks associated with potential accounting issues, cyber breaches, and evolving ESG standards.

In this episode of Wiley's Government Contracts Podcast, Kevin Muhlendorf, a partner in Wiley's White Collar and Government Investigations practice, discusses the critical intersection of compliance in government contracting and the evolving roles of the SEC and DOJ. Kevin emphasizes the importance of internal compliance programs, the impact of whistleblower initiatives, and the nuances of recent regulatory developments. Listeners will gain a deeper understanding of the need for rigorous data management and transparent communication within their organizations to mitigate risks associated with potential accounting issues, cyber breaches, and evolving ESG standards.

In this episode, Diana Shaw, a partner in Wiley's White Collar and Government Investigations practice, who shares insights from her experience as a former Acting Inspector General for the U.S. Department of State. Diana also highlights recent U.S. Securities and Exchange Commission (SEC) enforcement actions related to non-disclosure terms of subcontract and supplier agreements. And Diana previews an upcoming Inspector General panel that will address oversight trends and contractor engagement strategies. IG Panel Information: https://app.smartsheetgov.com/b/form/2c288dd46ff24d2882b9bc3c57198064

On this episode of Wiley's Government Contracts podcast, Nick Peterson joins host Craig Smith to discuss the challenges and risks that come with the use of artificial intelligence (AI) tools by government contractors and customers in today's constantly changing landscape. Listen to hear about how these tools will impact investigations and disputes, including the key issues surrounding preservation and documentation and AI policies governing these tools.

In this episode, Wiley partners Gary Ward, Tracye Howard, and Craig Smith examine the ongoing developments related to implementation of the Cybersecurity Maturity Model Certification (CMMC) program. They discuss the current progress, the anticipated timeline, and the potential impact of a change in administration on its finalization. Additionally, the team addresses the concept of Controlled Unclassified Information (CUI) and outlines best practices for contractors handling CUI.

In this episode, partners Duane Pozza, Kat Scott, Joan Stewart, and Craig Smith discuss the main questions facing artificial intelligence (AI) as we move into the new year. They analyze topics such as defining the scope of AI, identifying existing and emerging laws that may regulate AI, maximizing the benefits of AI within an organization, and AI risk management best practices. Finally, they discuss what to expect from federal legislation in the United States and the progress made on the European Union (EU) AI Act that is expected to be finalized early this year.

Much like high school teachers across the country, Congress and the Executive Branch have been expressing security concerns about TikTok and its parent company, ByteDance, a Chinese software firm. These concerns led to the No TikTok on Government Devices Act, which prohibits any government contractor from using the app on devices used to perform government contracts. Listen as Government Contracts partners Craig Smith and Tracye Howard, as well as associate Jennifer Retener, break down the interim rule and its effect on contractors, including on both the federal and state level.