• Drafting a special security agreement for a multinational company that enabled it to mitigate foreign ownership and control issues and obtain the facility security clearance it needed to bid on classified government contracts.
  
  
• Helping a large computer manufacturer protect its proprietary cost data in the face of government and higher-tier contractor demands.
  
  
• Creating a compliance and ethics program for a world-wide construction contractor that enabled it to bid for U.S. government-funded development projects overseas.
  
  
• Counseling multiple small and disadvantaged businesses on the rules for participating in the Small Business Administration's Section 8(a) Program and similar programs that give these companies preferences in government contracting.
  
  
• Drafting an Organizational Conflict of Interest mitigation plan for a company that provided both supplies and advisory assistance services to the government.
  
  
• Performing due diligence reviews of government contracts held by target companies for acquiring companies and other law firms in connection with proposed mergers and acquisitions.
  
  
• Drafting novation agreements for companies purchasing the assets of government contractors, and obtaining government consent for the purchaser to take over government contracts.
  

Litigation. Our litigation team has experience representing contractors in virtually every forum where government contract controversies arise: the U.S. Court of Federal Claims, the Government Accountability Office, the various Boards of Contract Appeals, and federal and state trial and appellate courts.

We have guided clients through numerous complex bid protests, helping clients either defend their own contract awards or challenge those of other parties. We have helped clients avoid suspension, debarment, and the potential termination of their contracts for default. We are aggressive and creative litigators, skilled in crafting compelling narratives and original arguments. But we also have the judgment to advise when approaches other than litigation make sense, together with the experience to pursue these alternatives to a successful outcome.

Examples of the cases that our litigators have handled over the course of their practices include:

• Securing a decision terminating debarment proceedings against an Air Force contractor without an administrative agreement or any adverse action, and resolving parallel civil fraud and contract disputes.
  
  
• Successfully defending the U.S. Department of Labor's award to our client of a $50 million federal financial management services contract against parallel fast-track bid protest proceedings before the Government Accountability Office and the U.S. Court of Federal Claims.
  
  
• Persuading the U.S. Court of Federal Claims to enjoin the Coast Guard from transferring the work of our client to a competitor via an illegal, sole-sourced contract - and, in the process, opening up an entirely new legal avenue for protesting modifications to task orders under multi-award indefinite delivery/indefinite quantity contracts.
  
  
• Convincing a federal agency to withdraw its termination of a client's multi-hundred-million-dollar IT contract for default by preparing an aggressive litigation response and previewing it with the agency.
  
  
• Litigating a pre-award protest before the Government Accountability Office over irregularities in the award of Project Head Start contracts, and then defending the client's award against a protest by an unsuccessful bidder.
  
  

Qui Tam and False Claims Act Litigation. Government contractors must also be mindful of fraud investigations and whistleblower litigation. Our fraud and white-collar criminal defense lawyers have extensive experience litigating False Claims Act and qui tam cases in the medical device, health care services, and oil and gas industries.

Representative cases our lawyers have handled over the course of their practices include:

• Winning summary judgment for Public Service Company of Colorado in a multi-district, multibillion dollar reverse qui tam action brought against over 300 companies in the oil and gas industry alleging underpayment of royalties for natural gas extracted from Federal and Indian lands. The decision was affirmed by the Tenth Circuit, and the United States Supreme Court denied certiorari.
  
  
• Defending a medical device manufacturer against a qui tam action alleging overcharges for pacemakers and related devices, and then settling the case for nuisance value.
  
  
• Defending a medical supplier against a qui tam action alleging overcharges in connection with the supply of oxygen and related goods and services, in which the relator dismissed the case after being served with a motion for sanctions.