Success Stories


NOTE: CASE RESULTS DEPEND ON A VARIETY OF UNIQUE FACTORS AND DO NOT GUARANTEE OR PREDICT SIMILAR RESULTS FOR FUTURE CASES.

FH+H Successfully Defends Several Contract Awards

January 31, 2014

In recently published decisions, FH+H attorneys successfully defended several contract awards on behalf of clients during bid protests before the Government Accountability Office (GAO). Representing the awardees as intervenors, their efforts allowed clients to move forward with performance on three contracts worth nearly $100 million dollars. A fourth protest of a cancellation of a solicitation resulted in corrective action, with the solicitation reinstated and our client ultimately selected for award. Links to the published decisions are below:

 
 
 

FH+H Client Awarded Legal Fees After Successful Bid Protest

January 18, 2014

FH+H attorneys recently won a decisive ruling in their protest of the FAA’s anticompetitive procurement practices. The FH+H team, then filed successfully papers demanding that the FAA reimburse their client for legal fees spent in the protest.  Federal law provides for agency reimbursement of legal fees to parties who prevail in an action against the agency.  The law imposes limits on reimbursement, including rates charged and the size of companies who may be reimbursed.  The successful bid protest decision may be found here.


FH+H Successfully Negotiates FOCI Mitigation Instrument on Behalf of Foreign Acquirer

December 31, 2013

FH+H recently concluded complex negotiations with the Defense Security Service (DSS) over unique revisions to a Foreign Ownership, Control, or Influence (FOCI) Mitigation Instrument between a foreign client and the U.S. Government. When a foreign entity invests in/acquires a U.S. contractor with a Facility Security Clearance (FCL), DSS generally requires that a FOCI Mitigation Instrument be implemented to minimize the investor/acquirer’s operational control over the contractor. Unfortunately, FOCI Mitigation Instruments offer little in the way of investor protections, and thus reduce the value of investments/acquisitions. Through developing creative and groundbreaking revisions to the FOCI mitigation instrument at issue, FH+H struck an effective balance between protecting its client’s shareholder rights and preserving U.S. national security. In doing so, FH+H significantly limited its client’s regulatory risk, and allowed it to focus on closing the transaction and growing a promising subsidiary. 


FH+H Team Helps Secure Justice for Servicemember in Pro Bono Case

December 01, 2013

An FH+H legal team recently secured a court judgment on behalf of a former service member who had been viciously assaulted in his own home while he was an active duty soldier.  Because the assailant failed to report for his criminal or civil court dates, FH+H was required to prove that the assailant had been afforded due process before default judgment was awarded.  FH+H provided the representation in association with a local law school’s legal clinic and supervised law students as part of the representation –which was provided to the veteran client free of charge. 


FH+H Successfully Represents Bid Protest Case at the Court of Federal Claims

November 19, 2013

FH+H successfully represented a client in a bid protest case at the Court of Federal Claims. The client had won a contract award that was protested at the GAO and when that was not successful took the case to the Court of Federal Claims. The protester alleged that the client was not the best value and should not have been awarded the contract. FH+H worked with the U.S. Department of Justice in coordinating filings and represented the client before the court. The judge agreed with the position argued by FH+H and denied the protest which resulted in the client commencing work on the awarded contract.

FH+H advised a commercial client on a complex foreign investment of over $20 million dollars. Completion of this transaction required approval by the Committee on Foreign Investment in the United States (CFIUS), the Defense Security Service (DSS), the Directorate of Defense Trade Control (DDTC), as well as involvement of the Federal Aviation Administration (FAA).

 FH+H successfully negotiated on behalf of a client involved in a significant payment dispute with the Government. The responsible procurement official refused to authorize a substantial portion of the client’s invoices for over six months, arguing that the client failed to meet its contractual obligations. FH+H negotiated and the Government agreed to make full reimbursement to the client for all previously withheld funds. 


FH+H Government Contracting Team Secures Payment on Behalf of Client

December 01, 2012

FH+H successfully negotiated on behalf of a client involved in a significant payment dispute with the Government. The responsible procurement official refused to authorize a substantial portion of the client’s invoices for over six months, arguing that the client failed to meet its contractual obligations. FH+H negotiated and the Government agreed to make full reimbursement to the client for all previously withheld funds. 


FH+H Bid Protest Team Scores Victory for Client Before The Court of Federal Claims

December 01, 2012

FH+H successfully represented a client in a bid protest case at the Court of Federal Claims. The client had won a contract award that was protested at the GAO and when that was not successful took the case to the Court of Federal Claims. The protestor alleged that the client was not the best value and should not have been awarded the contract. FH+H worked with the U.S. Department of Justice in coordinating filings and represented the client before the court. The judge agreed with the position argued by FH+H and denied the protest which resulted in the client commencing work on the awarded contract.


FH+H Advises Client on $20+ Million Investment by a Foreign Private Equity Fund

December 01, 2012

FH+H advised a commercial client on a complex foreign investment of over $20 million dollars. Completion of this transaction required approval by the Committee on Foreign Investment in the United States (CFIUS), the Defense Security Service (DSS), the Directorate of Defense Trade Control (DDTC), as well as involvement of the Federal Aviation Administration (FAA).


FH+H Secures $900K Settlement for GovCon

January 15, 2012

FH+H obtained a $900,000 settlement for a Government Contractor in a contract dispute with another Contractor. 


FH+H Rapidly Implements Export Controls Program

October 15, 2011

FH+H lawyers designed and implemented an export controls system for a company doing business worldwide, including drafting a comprehensive, tailored export compliance manual in less than 72 hours.


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