Government Procurement & Cybersecurity Law Concentration

Survey of the law pertaining to government procurement, including an analysis of the unique features of government contracting and a discussion of the functions of Congress, the executive branch, and the courts in the procurement process. The course focuses on the contract formation process, including techniques for awarding contracts and litigation and protests involving awards. (Examination and problem assignments)

Discussion of the substantive problems that most frequently arise during the performance of government contracts. Interpretation of specifications and the most generally used contract clauses; analysis of the rights of the parties when performance in accordance with the terms of the contract is not obtained. Analysis of the methods that can be used by the parties to a government contract to obtain legal relief, including detailed coverage of the disputes procedure, actions for breach of contract, and forms of equitable and extraordinary relief. (Examination and problem assignments)

Intellectual property law in terms of its challenges to federal government procurement rules. Competing policy demands for innovation, transparency, and sound public investment in the intersection of intellectual property law and federal procurement rules. Prerequisite for JD students: Law 6500 or 6502 or permission of the instructor. (Problem assignments)

This course teaches advanced writing to professionals in the government contracts field, including effective written communication tips and tools that students will use in upper-level seminar courses. Throughout the semester, the students will write and edit a short research paper related to government contracts and complete weekly writing assignments. This course is graded on a CR/NC basis and is available only for MSL candidates in the government procurement law program. (Writing assignments)

Issues relating to the organization of the internet and the federal government’s response to cyberthreats. Legal concepts relating to the private sector and civilian government engagement in cyberspace. Application of traditional laws of armed conflict in the new cyber domain. Students who receive credit for Law 6890 Cybersecurity Law and Technology may not enroll in this course. (Take-home examination)

This course examines basic technical concepts relevant to the law. It is designed as a foundational course that will introduce students to key terms and concepts related to cybersecurity. The course will provide a basic understanding of cybersecurity topics that will empower students to more easily identify, understand, and analyze associated legal issues. This course is recommended for students who have little to no technical knowledge but intend to enroll in cyber-related courses as part of their academic curriculum. Students who have prior technical knowledge should not enroll in this course. This course is graded on a CR/NC basis. Students who receive credit for Law 6890 Cybersecurity Law and Technology may not enroll in this course. (Take-home mid-term examination and take-home final examination)

Issues relating to the organization of the internet and the federal government’s response to cyberthreats. Legal concepts relating to the private sector and civilian government engagement in cyberspace. Application of traditional laws of armed conflict in the new cyber domain. Also, examination of basic terms and concepts relevant to cybersecurity technology required to identify, understand, and analyze associated legal issues. Students who receive credit for Law 6879, Cybersecurity Law and Policy or Law 6884, Technology Foundations for Cybersecurity may not enroll in this course. (Writing assignments and take-home examination)

This course gives students the opportunity to explore the role of counsel assigned to a bid protest related to award of a government contract, either as agency counsel, protest counsel, or intervenor counsel. In their first year of practice, most government contracts attorneys will encounter bid protest litigation in one form or another. The bid protest scenario presented in this course will be similar to complex, multimillion-dollar cases attorneys face in practice. Students will experiment with litigation strategies and construct arguments on behalf of clients throughout the bid protest process. Students will receive faculty and peer feedback on oral and written advocacy work products. Enrollment is limited. Prerequisite for JD students: Law 6500 or 6502 or permission of the instructor. (Writing assignments and oral presentations)

This course provides experiential learning for students planning a career in the federal government advising and leading legislative, executive, or judicial branch programs. An understanding of federal appropriations law is a fundamental skill for all federal attorneys. The identification of an available appropriation, its permissible uses, and any relevant restrictions or prohibitions, is a threshold issue prior to taking any federal action, including executing a federal contract. Federal attorneys with a working knowledge of appropriations law bring critical expertise to bear in advising internal agency clients on how to maximize scarce resources. (Writing assignments and class participation)

This seminar offers a review of emerging issues in U.S. procurement law, using information technology procurement and other critical market sectors as a starting point for analysis; we will also be looking to international procurement law, as a comparative counter-example to U.S. law. Prerequisite or concurrent registration: Law 6500 or Law 6502, or permission of instructor. (Research paper)

This course provides experiential learning for students planning a career in the federal acquisition field as well as in the private sector. An understanding of Other Transaction Authority (OTA) is a fundamental skill for all federal attorneys. The identification of a prototype or research Other Transaction (OT) requirement, its permissible uses, and any relevant restrictions or prohibitions, is a threshold issue prior to taking any federal action, including executing a federal contract. Attorneys with a working knowledge of OTA bring critical expertise to bear in advising internal agency clients on how to maximize scarce resources and broaden the industrial base. While OTA is a “tool” in the acquisition “toolbox,” it offers a much more flexible approach over a traditional FAR-based procurement contract, allowing the government to emulate commercial negotiations and practices. Prerequisite: Law 6500 or 6502, or written permission of the program director. (In-class and written exercises, class participation)

This course explores the legal issues arising out of the U.S. government’s increasing reliance on “technology,” which broadly includes software providers, cloud service providers, and professional services, to meet its mission. Students will be introduced to the unique procurement law issues and opportunities that technology government procurement practitioners encounter in their daily work, including public sector technology negotiations, client advising, compliance and security issues, and risk management. JD students must complete Law 6500 or 6502 prior to enrolling in this course (or obtain the advanced, written permission of the instructor. (In-class and written exercises)