Kara Daniels Weighs in on Top Gov’t Contracts Cases During First Half of 2024 for Law360

Kara Daniels, chair of the Government Contracts & National Security practice, was quoted in the Law360 article, “Top Gov't Contract Cases Of 2024: Midyear Report,” regarding the Civilian Board of Contract Appeals’ (CBCAs’) ruling against Avue Technologies Corp. The company claimed that the U.S. Food and Drug Administration had misappropriated data from its job classification software and argued that the software’s end-user license agreement should be considered a procurement contract, despite the software being sold through a reseller.

Daniels told Law360 that CBCAs’ decision requires software companies in similar situations to either persuade the reseller to file a pass-through claim on their behalf or address copyright infringement in claims court. “The board could not be clearer in its view… Avue has other options, but we're not going to create this new standing, or a claim for Avue to be able to file under the [Contract Disputes Act],” she said.

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