Protecting IP, Data Rights in Other Transaction Agreements

Government Contracts attorney Jeremy Burkhart authored an article in the July 2025 edition of National Defense addressing President Donald Trump's Executive Order 14265, which directs a "general preference" for the use of Other Transaction Authority (OTA) agreements in U.S. Department of Defense (DOD) acquisitions. Mr. Burkhart explores how this heightened focus on OTAs will increase competition among defense contractors. He also emphasizes the importance of careful negotiation, particularly regarding intellectual property and data rights, to secure favorable outcomes when seeking new opportunities to do business with the federal government.

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