ELVER LAW

Writings

Federal IP Rights in M&A: Essential Questions for Buyers and Investors

Government funding can power innovation but also complicate IP rights and company value. As M&A activity increases around federally funded startups, investors and buyers should assess what rights the government may already hold. That requires focused diligence on ownership and license scope.

Sixteen Principles for Protecting Company IP Under Federal Data Rights Rules

Missteps in understanding or applying federal data rights rules can lead to irreversible IP loss. Government contractors navigating FAR and DFARS need clear principles to protect their IP. These sixteen offer a practical, comprehensive framework for doing just that.

Tending: Compliance and Cultivation

Federal contracts may be fruitful, but they also seed obligations. Building a thriving government contracting business requires a tending mindset.

Maintaining CSP Compliance During GSA’s Transition to TDR

GSA Schedule compliance starts with commercial sales practices that are clearly defined, consistently applied, and accurately disclosed. Accuracy, currency, and completeness remain critical, even as GSA transitions to Transactional Data Reporting. Failures in these areas can trigger audits, contract risks, or False Claims Act exposure.

Contractor Codes of Business Ethics and Conduct

Ethics and compliance are both best practices and legal obligations. Federal contractors must maintain written codes of ethics, provide training, and ensure internal reporting mechanisms align with FAR and DOJ expectations.

Flowdown Negotiations, Part I: Common Mistakes

Clarity is critical in flowdown negotiations. Two common errors: (1) mistaking government clause-inclusion instructions for contractor flowdown obligations, and (2) overlooking the plain language of clause flowdown provisions.

Flowdown Negotiations, Part II: Handling the Flood

When prime contractors overreach, subcontractors need a strategy. Subcontracts often include acquisition regulation clauses that are not mandatory, not appropriate, or not enforceable. Knowing how to identify and push back on overinclusion is essential to reducing risk and burden.

Seven Steps for Writing Winning Proposals

Winning proposals start with process. These seven steps help contractors organize, develop, and refine proposals that are more competitive, compliant, and compelling in the federal marketplace.

Natural Hydrogen, "Liquid Gold"

Hydrogen is forming underground through natural geologic processes. Early discoveries, real-world use, and growing federal interest suggest it could play a key role in meeting future energy demand.