NOTE: CASE RESULTS DEPEND ON A VARIETY OF UNIQUE FACTORS AND DO NOT GUARANTEE OR PREDICT SIMILAR RESULTS FOR FUTURE CASES.
Recently, FH+H's Employment Law team successfully represented an area employer in connection with a Charge of Discrimination (alleging age discrimination and retaliation) filed by a former employee with the U.S. Equal Employment Opportunity Commission (EEOC) and against our client and a federal agency as co-employers. In this case, our client was merely a provider of personnel to the agency, which had day-to-day operational and supervisory control over the employee. As a direct result of FH+H's efforts, the EEOC dismissed the Charge and issued a 90-day right to sue letter.
Last month, FH+H attorneys, led by Managing Partner Tom Craig, represented a deposition witness in a hotly-contested Fair Labor Standards Act case. FH+H attorneys determined that some documents at issue involved communications between the plaintiff, his lawyers and our client, but were nonetheless subject to the attorney-client privilege and work product doctrine. Recognizing our professional obligations to our client, to third parties in litigation, and to the Court, FH+H attorneys contacted both parties, filed timely objections, and obtained a hearing before turning over these documents. FH+H attorneys were thereby able to protect not only our client’s rights, but also the rights of a third party, consistent with our core values of both serving our clients, and acting with integrity within our system of justice.
A firm client was notified that it had been awarded a contract by a government agency. Subsequently, another competitor informally complained to the awarding agency that our client did not have the appropriate facility security clearance (FCL). The agency then revoked the award to our client, and announced that our client could not win, and the agency would award the contract to another firm.
FH+H's GovCon practice group, lead by partner Milt Johns, protested on the basis that the client was fully compliant with the RFP requirements (even though they were ambiguous about when the client needed to have the FCL), and that the agency had engaged in inappropriate discussions with a competitor. As a result, the agency cancelled the solicitation, which prevented our client's competitor from getting the 3 year contract award, and will allow our client to compete when the solicitation is reissued. As a aside note, during the pendency of the protest, our client was able to clear up the situation with its facility clearance and now should have no issues going forward as to whether it holds the correct clearance or not.
Partner Milt Johns and the International Trade + Transactions practice group assisted a government contracting client with obtaining the licensing necessary to export various intelligence related training materials and services to a friendly foreign government. The FH+H IT+T team identified applicable license categories and applicable exemptions. Some course material was determined to be covered by existing Commerce Department export licenses, and others were determined to be EAR99 and would not require further licensing.
Partner Milt Johns and the FH+H International Trade + Transactions practice group assisted a client in analyzing various export regulatory compliance issues, including determining whether the client’s products fall within the scope of the Export Administration Regulations (EAR). The FH+H IT+T team provided opinions on which items required licenses and which did not. Milt Johns and the IT+T team concluded that some products were determined to be EAR99 and would not require further licensing, and other products were covered by existing Export Control Classification Number (ECCN) determinations.
While doing due diligence on a potential senior level hire, an FH+H client discovered that the candidate had an employment agreement with his former employer. FH+H's managing partner Tom Craig, along with the FH+H Employment Law practice group, was able to analyze the various covenants and restrictions in the employment agreement, and advise the client on the potential risks of making the hire. As a result, the client potentially avoided a costly and time-consuming legal conflict.
FH+H’s Corporate + Business Transactions practice group assisted a client in evaluating complex executive compensation proposals. The client was presented with multiple employment offers, each of which contained offers of equity, stock options and other complex compensation structures. FH+H was able to properly analyze the offers, assist the client in valuing each, and guide the client in negotiating the terms necessary to protect his compensation expectations.
A FH+H client was recently faced with the departure of senior executive who was also a shareholder in the company. Partner Jack L. White and the FH+H Employment Practice Group assisted the client in managing the departure, including helping to negotiate the terms of the executive’s departure and stock buyout while protecting the company’s business interests and intellectual property.
FH+H associate Jill F. Helwig assisted a client in filing a lawsuit for damages involved in the lease of a residential property. The claims include both breach of contract and constructive fraud. The counter-party moved to dismiss multiple counts of the suit, but FH+H successfully challenged their arguments and was able to preserve multiple causes of action. Because of that success, FH+H’s client preserved their claims and increased their potential recovery.
FH+H partner Craig Guthery recently represented a government prime contractor in a dispute arising out of an attempt by the U.S. Government to unilaterally modify and add new deliverables to a firm-fixed-price government contract. Among other issues, the unilateral modification appeared to be an attempt to undermine the contractor’s intellectual property rights. The Government had classified its action as an “administrative modification” and imposed a 10% withholding on all payments pending performance. Drawing on his considerable experience with such disputes, Guthery convinced the Government to cancel the modification and refund all withheld amounts.