Representative Engagements

Government Contracts

• Negotiated favorable settlement for a client in a $100M partial termination for convenience resulting from the government restructuring of the program.
• Represented clients in numerous bid protests where corrective action was taken by various federal agencies, and that allowed clients the opportunity to compete for government contract awards.
• Investigated numerous ITAR and other export control violations, submitted findings and recommendations and, where appropriate, drafted and submitted voluntary disclosures with corrective actions that resulted in a favorable finding to the client company.
• Drafted and negotiated unique government indemnification terms that were included in a cooperative agreement to operate a large government facility.
• Drafted and negotiated numerous requests for equitable adjustment (REA) claims and claim appeals to various agencies that resulted in favorable results for the client.
• Negotiated and successfully resolved many notices of disallowance of costs under the FAR cost principles; negotiated directly on many occasions with DCAA auditors and ACO/CACOs to resolve issues.

Compliance and Ethics

• Investigated and settled an OIG investigation of false claims and other charges arising from alleged improper time keeping practices, improper indirect cost charging practices, improperly charging for unallowable costs, and related allegations, with no charges being filed.
• Conducted numerous internal investigations regarding alleged employee misconduct for clients, and advised the client on mandatory reporting requirements and corrective action.
• Represented many corporate clients respond to OIG subpoenas, DOJ subpoenas and other government orders.
• Drafted and negotiated numerous OCI mitigation plans to resolve potential conflicts of interest that were approved by the contracting officer.
• Negotiated with DSS on numerous FOCI mitigation action plans, involving all FOCI mitigation instruments, including Board resolutions, SCA, SSA, and proxy agreements.
• Coordinated all responsive materials, and negotiated a favorable settlement of, an OIG subpoena and investigation of defective pricing allegations under the Truth in Negotiations Act (TINA).
• Regularly advises clients on ethics issues including, for example, OCI, revolving door, gifts, FCPA, mandatory disclosures.

Intellectual Property Rights

• Worked closely with client IP attorneys, business attorneys and engineering staff to identify and segregate critical IP to the lowest segregable level under an OTA. Protected company- critical IP by, e.g., managing the funding source, and/or limiting rights under tailored license agreements.
• Developed the software and system IP strategy for a client-developed medial administration system. Drafted teaming agreement IP sections, drafted an associate contractor agreement, drafted the enterprise software license for their SaaS product, and drafted IP provisions for a government proposal.
• Represented multiple clients regarding advance patent waivers with the DOE, and obtained waivers.
• Drafted and negotiated a special technical data license for a commercial client who developed and markets a software generator of large-scale fully synthetic data sets for testing purposes. Client was negotiating a contract with the US Army to modify their test data, and wanted to limit government use to the specific program office and supporting contractors.
• Lead drafter and negotiator for a mail sorting machine development and production contract that incorporated existing client technology and new hardware and control software. Negotiated all terms and conditions including all IP provisions for this project. Drafted and negotiated subcontract terms and conditions, including IP provisions, with all subcontractors.
• Routinely advises clients regarding government contract IP clauses and IP rights, including patent rights, technical data and software rights, and copyright protections.
• Reviewed IP disclosures; developed strategies for IP protection; managed the patent portfolio; negotiated royalty agreements for numerous clients.

Strategic Growth

• Formed a joint venture between a US manufacturing company and an international company that resulted in the client winning a $500M per year equipment contract; drafted and negotiated all required agreements for the joint venture, and all required teaming agreements and subcontracts.
• Formed populated joint ventures and registered them as LLCs for numerous large proposals to position the company as a responsible bidder; drafted/negotiated operating agreements, put agreements in place, handled international registrations, developed teaming agreements, contract/subcontract structure, compliance set-up, etc.
• Provided legal support for many corporate re-structures, including mergers, forming and registering new subsidiaries, registering them in SAM, obtaining a new facility security clearance, supporting ITAR and other required notifications, performing all required novations, providing legal analysis to support new lines of credit, etc.
• Provided legal support for a 5 year, $700M contract with Algeria to provide and integrate their air defense system; issues included payment terms, bonding, subcontractor issues, FCPA liability mitigation, etc.
• Supported merger and acquisitions of numerous government contractors, including performing due diligence, drafting required documents, executing novations, working with the facility security officer to obtain facility clearance, make all required notifications, etc.
• Drafted and/or analyzed many RFPs, teaming agreements, NDAs, subcontracts.