SERVICES

Government Contracts

Government procurement law has been and remains the cornerstone of our practice. Our services include:

• Bid protests

• Claims and disputes with government agencies

• Claims and disputes between prime contractor and subcontractor

• Government prime contract issues

• Counselling related to FAR, DFARS and other federal agency FAR supplements

• GSA Schedule

• Small Business set asides

• Subcontracts, teaming agreements and other alliances

• Suspension and debarment proceedings

• Internal investigations

• Industrial security, FOCI, CFIUS and other national defense/security issues

• Export controls

• Conflicts of interest

• Regulatory and legislative counseling

Our government contracting litigation experience is extensive, practical and results-oriented.  We have strong credentials in all of the litigation forums related to the federal procurement industry, including the Government Accountability Office, the U.S. Court of Federal Claims, the Boards of Contract Appeals, the SBA Office of Hearings and Appeals, and the FAA Office of Dispute Resolution for Acquisition.

Litigation & Dispute Resolution

Litigation:

Litigation can be a long, expensive and painful process.  That’s why we focus initially on litigation avoidance.  But if litigation is unavoidable, our job is to zealously protect your business interests while working diligently to control costs.  Our cases include: 

• Breach of contract 

• Business-related fraud and misrepresentation

• Prime contractor-subcontractor disputes

• Corporate, joint venture and other partnership disputes

• False Claims Act (FCA) defense

• FCA Whistleblower actions

• Executive employment disputes 

• Disputes involving non-compete, non-solicitation and non-disclosure agreements

• Violations of trade secrets rights

• Breach of fiduciary relationships

• Tortious interference and civil conspiracy

We treat every dispute with a keen appreciation of how a case will impact the business and its growth potential. Whether it’s a simple dispute or a “bet your company” case we have the resources and experience to handle both small and complex litigation.

Dispute Resolution: 

We represent both claimants and respondents in binding arbitration actions, non-binding mediations and other forms of Alternative Dispute Resolution (ADR).  Our services include:

• Arbitration and mediation actions before the American Arbitration Association and various other private arbitration and mediation forums

• ADR in federal and state court proceedings

• ADR in government contract-related bid protests and disputes

• Actions to enforce or challenge contractual arbitration provisions

And before any of this may occur, we design dispute resolution provisions in virtually any agreement that are tailored to your business, your industry and the particular transaction involved. 

Corporate, Business & Transactions

Corporate & Business:

We have extensive experience in a wide variety of matters affecting corporations, limited liability companies, partnerships and other corporate entities. Our services include:

• Corporate, LLC and Joint Venture formations

• Corporate governance

• Legal advice to boards and committees

• Corporate development and restructuring

• Corporate secretary services

• Board compensation and benefits 

• Business disputes

• Corporate dissolutions and divorces

Corporate entities have unique needs and challenges with regard to corporate governance matters.  Our practice includes assisting boards of directors, board committees and C-Level executives on various corporate governance issues and the associated duties and obligations of directors and senior management.  

Transactions:

We represent clients in buying and selling businesses with a particular focus on the unique issues related to government contractors. We also advise clients with regard to corporate reorganizations, divestitures of contracts and related assets.  Our services include:

• Acting as lead transactional counsel in buy-sell transactions

• Providing advice and assistance to lead deal counsel in connection with specialized due diligence reviews

• Negotiating stock and asset purchase agreements, stock redemption agreements and other sale agreements.

• Negotiating federal novation and name change agreements.

• Advising on special pre and post-closing disclosure issues

• Assisting with pre- and post-closing integration and transition issues.

• Counselling related to facility and personnel security clearances, foreign ownership or control issues (FOCI), and Committee on Foreign Investment in the United States (CFIUS) concerns.

The federal marketplace presents a unique and challenging environment when it comes to such transactions. Success in this environment depends greatly on an acute appreciation of the commercial and financial needs of businesses performing government contracts, as well as the special opportunities and risks associated with transactions in this industry.

Representative Transactions

Ethics, Compliance & Investigations

Government contracting is highly regulated, and federal rules mandate that most contractors create and properly maintain an ethics compliance program. This underscores the importance of compliance programs that fit the contractor’s particular business and operational model.  We have significant experience advising clients on the application of ethics-related statutes, regulations and best practices.  Our services include:

• Mandatory ethics compliance programs

• Internal reviews and investigations 

• Ethics training

• Government investigations (DOJ, DOD, OIG, DCAA)

• Compliance with FAR mandatory disclosure requirements

• False Claims Act issues

There is no cookie-cutter compliance program. That’s why we tailor each compliance program to match the complexity (or simplicity) of your business and the unique compliance risk factors it faces.  Our ethics compliance training programs are likewise specifically designed for your organization and its particular needs.  

General Counseling & Outsourced Legal Services

We provide specialized outsourced legal services designed for organizations seeking the benefit of utilizing “in-house” counsel on an on-demand basis.  We provide these services when:

• Your organization is in need of an experienced attorney on an as-needed basis

• Your budget does not call for a full-time counsel but legal issues arise on a regular or even periodic basis forcing you to spend high amounts on pricy outside law firms

• Your in-house counsel requires support on special projects or is experiencing an unusual surge in legal issues.

• Only part of your business involves government contracts and you need specialized services from a qualified attorney

• You need assistance with the selection, retention and management of other outside counsels (both nationally and internationally) 

• You need a lawyer who knows your business and understands your industry

This innovative approach to legal services is an alternative to hiring a full-time executive general counsel and staff level associate counsels at a fraction of the cost.

Expert Witness Consulting & Testimonial Services

Given our deep experience in the government contracting industry, we provide expert consulting and testimony in both state and federal court disputes. This includes:

• Developing expert reports for disputes involving government contracting issues 

• Evaluating opposing party expert reports

• Evaluating witness testimony

• Identifying and advising on key issues involving the interpretation and misinterpretation of FAR/DFARS provisions

• Assisting litigation counsel in case development

• Providing expert testimony

• Providing testimony before the U.S. Congress as an expert in government contracting issues

Our experience has included expert witness testimony addressing complex federal procurement issues during preliminary phases of a case, in depositions, and throughout the litigation phases.