Kara Daniels Highlights Top Government Contracts Matters of 2025 in Law360

Kara Daniels, chair of Arnold & Porter’s Government Contracts & National Security practice, recently spoke to Law360 about the most significant government contracts decisions of 2025 thus far, as well as about the cases she’s still monitoring.

In Law360’s “Top Gov’t Contracts Decisions Of 2025: A Midyear Report,” Daniels commented on a February Federal Circuit decision that “affirmed a holding from the Armed Services Board of Contract Appeals that FlightSafety International Inc. placed improper restrictive markings on its commercial technical data supplied to the U.S. Air Force under two subcontracts.” She told the publication the decision demonstrates why commercial contractors should understand the government’s rights in working with technical data.

“Having that understanding early on, as well as being able to negotiate with the government as to what is OMIT data and what isn’t OMIT data, I think, is a way for commercial contractors to protect themselves in this setting,” Daniels said.

In Law360’s roundup of the “Top Gov’t Contracts Cases To Watch In The 2nd Half Of 2025,” Daniels flagged that the Court of Federal Claims is still evaluating whether Avue Technologies Corp., which sold its software via a reseller, will be allowed to advance a Tucker Act breach of contract claim against the U.S. Food and Drug Administration based on the end user license agreement. (In a prior decision, the Civilian Board of Contract Appeals (CBCA), dismissed Avue’s claim, holding it lacked jurisdiction under the Contract Disputes Act because the EULA was not a procurement contract.) Following the CBCA decision, the reseller, Carahsoft Technology Corporation, filed a complaint appealing the deemed denial of a sponsor claim on behalf of Avue. Avue’s and Carahsoft’s complaints have been consolidated by the Court.

She said that the consolidated case “raises a lot of interesting issues” about the proper way for a company that sells its software to the government via a reseller to bring a breach of license claim against the government.

“I think we have to wait and see how the Court of Federal Claims looks at that,” Daniels noted.

Read the full article: Top Gov't Contracts Decisions Of 2025: A Midyear Report. (subscription required)

Read the full article: Top Gov't Contracts Cases To Watch In The 2nd Half Of 2025. (subscription required)