Commercial and Contracts

Other Transaction Authority (OTA) Agreements and Non-Traditional Government Contractors: Opportunities, Compliance Requirements, and Recent Experience with Operation Warp Speed (OWS)

Other Transaction Authority (OTA) agreements are intended to provide a flexible framework for traditionally-commercial companies to enter into the federal government contracting space.  This allows the government to pursue research and development and prototype-based projects with innovative industry partners not accustomed to doing business with the government.  Despite this flexibility, as with contracts based on the Federal Acquisition Regulation (FAR), OTAs require compliance with government-specific clauses, laws, and regulations, which may create obligations that are unfamiliar to companies not accustomed to partnering with the government.  A recent example of this is Operation Warp Speed (OWS), in which the government leveraged the OTA framework to provide funding and encourage participation among non-traditional government contractors for the development of medical countermeasures in response to COVID-19, without being subject to many of the FAR’s unique, and possibly unfamiliar, compliance requirements.  This roundtable will discuss matters relating to compliance with government-specific requirements (e.g., intellectual property, cybersecurity, and subcontracting requirements) as well as performance-based requirements (e.g., clinical and non-clinical objectives and any commercialization/manufacturing requirements), highlighting OWS as a real-world, relevant example.

Click the red button below to RSVP.  WebEx Meeting login information will be provided to each registrant prior to the event.

Join us for the ACC-WI 2021 Annual Conference November 4-5, 2021 at the Osthoff Resort, Elkhart Lake, WI.  

Our 1.5 day conference provides 23 hours of CLE programming for you to choose from, which includes 3.0 hours of Ethics, and is specifically designed for you as an in-house attorney.  Our registration format allows you to customize your program schedule to fit your practice needs by choosing from the many hours of programming offered. Conference registration includes one hotel room (for in-person Early Bird Registrations), continental breakfast during Thursday morning check-in, luncheon and keynote speaker on Thursday, cocktail reception Thursday evening and a hot breakfast on Friday. You may also join us for a variety of networking events at the conference. 

Can't join us in person? You may register to attend virtually and access your selected sessions via our conference app. You will have access to slide decks, supplemental materials and standard webinar audio feeds with slide presentations of each session. 

The ACC-WI Annual Conference is subject to CDC COVID-19 Restrictions, Safety Standards and Guidelines. We will also provide detailed information on the specific protocols adopted as we get closer to the event date. Please note, these protocols will be subject to change. 

Please join Kathryn Speed and Brett Cassidy from Page Seager Lawyers for a Corporate and Commercial update CPD. 

Our presenters will discuss two important issues for our Tasmanian audience.

The first topic is the drafting and enforcement of post-COVID force majeure provisions. Legal counsel are at the forefront of contract interpretation and disputes, and an understanding of the operation of these clauses is critical now more than ever.

The second topic is an outline of what legal counsel need to know regarding the recent updates to the Public Interest Disclosure Regime in Tasmania.  This will include a summary of relevant obligations and who they apply to, practical tips to ensure compliance and the consequences of non-compliance.

Both ACC Australia and TAS Government COVID Restrictions and Recommendations will be followed for this event. Should you have any questions regarding these measures please contact Teagan Jones at ausevents@accglobal.com.

There are limited places available for this event - so book now!

In C.M. Callow Inc. v. Zollinger, the Supreme Court of Canada recently considered the extent of the duty of honest performance of contracts. In doing so, they explored concepts of giving regard to the legitimate contractual interests of one's counterparty, an obligation to correct a false impression created through that party's own actions, and Quebec civil law's concept of abuse of rights. This developing area of the law is expected to be an area of increased litigation (and increased risk for your business) in the years to come.

Join Jesse Harper, Jon Wansbrough, and Zohar Levy of Fasken's litigation group for an update and discussion on the duties of companies in the negotiation, performance, enforcement and termination of a contract in common law jurisdictions. The presentation will look at how this recent decision informs these stages where obligations of good faith can arise.

This program qualifies for up to 1.5 hours of Substantive CPD credit under the Law Society of Ontario's mandatory CPD Regime.

This event is free of charge and open to in-house counsel who are practicing lawyers and are current members of a provincial law society; however, you must RSVP to attend. Please RSVP by no later than Wednesday, March 24, 2021.

ACC Ontario reserves the right to review all registrations for eligibility. In-house counsel must be ACC members or meet ACC membership eligibility. Please click here for further details.

Note: All instructions and information on how to access the webinar will be sent by email in advance of the program.

Questions? Please email us.

Registration for the 2021 In-House Counsel Conference is now open. For information about--and to register for--each session, click on the links below.

Thanks to our nine presenting Conference sponsors:

And thanks also to our exhibiting sponsors:

Registration for the 2021 In-House Counsel Conference is now open. For information about--and to register for--each session, click on the links below.

Thanks to our nine presenting Conference sponsors:

And thanks also to our exhibiting sponsors:

ACC-WI Platinum Sponsor CLE Presented by Foley & Lardner”  "Business Philanthropy and Cause Marketing”

Please join Foley & Lardner and ACC–WI, Thursday, February 25th at 2:30 p.m. for an afternoon CLE Program followed by a live Q&A. A team of Foley attorneys will be covering a number of topics relevant to you and your company regarding business philanthropy, including:

• Strategies and current trends in charitable giving
• Company Foundations: Governance, Operating Rules & Grant–Making
• Commercial Co–Ventures & Cause Marketing 

Questions regarding this event?  Please contact Amy Westrup at wisconsin-exec@accglobal.com or Kasey Kapitanek at kkapitanek@foley.com.