NOTE: CASE RESULTS DEPEND ON A VARIETY OF UNIQUE FACTORS AND DO NOT GUARANTEE OR PREDICT SIMILAR RESULTS FOR FUTURE CASES.
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.
FH+H attorneys, led by associate Jill Helwig, took on a large Federal program in their attempt to claim a large sum of money directly from a client. Through the diverse capabilities of FH+H, we were able to convince the Federal program that it had no right to our client’s money. The Federal Program has conceded and has now officially closed their file, saving the FH+H client a sizeable sum of money that otherwise would have gone to the Government. FH+H is proud to continue helping the good guys in their time of need.
FH+H Partner Hugh P. Quinn successfully represented the President of the Chinese division of a large international pharmaceutical corporation in a Foreign Corrupt Practices Act investigation done by both the SEC and the Department of Justice. The investigation into our client was terminated by both agencies with no charges brought against the client nor liabilities owed by the client.
FH+H attorneys continue to successfully advise domestic and international entities on how to conduct lawful and ethical transactions in some of the most complex, emerging economies in the world. “Complying with the FCPA in emerging economies is a significant and time-consuming challenge," Partner Jennifer S. Huber noted. "Leveraging our anti-corruption expertise, though, allows our international and domestic clients to focus on what they do best: developing sustainable solutions to complex problems."
A government subcontractor in the construction industry became embroiled in a bet-the-company dispute when its prime contractor refused to pay the subcontractor for a substantial portion of the work it performed. FH+H’s alternative dispute resolution team was able to favorably resolve the dispute without litigation, obtaining a substantial settlement in favor of the subcontractor.
Recently, FH+H Partner Jack White helped a major government contractor win an unemployment compensation benefits appeal filed with an Unemployment Insurance Benefits Agency located in the DC/MD/VA area (“DMV Unemployment Office”). In this case, our client terminated an employee for misconduct, related to the improper use and reimbursement of thousands of dollars of expenses charged to a company credit card. After termination, the DMV Unemployment Office initially approved the employee’s unemployment insurance claim, which our client appealed. On appeal, FH+H’s Employment Law Practice Group argued that the DMV Unemployment Office shouldn’t authorize unemployment insurance benefits for an employee who had stolen thousands of dollars from the company. The Hearing Officer agreed, and reversed the unemployment insurance benefits claim.
FH+H was contacted by a local business regarding a clawback request from an insurance company. The term clawback, as used in this case, refers to money or benefits that have been given out, but sought to be returned due to special circumstances. FH+H Associate Jill Helwig was able to determine that not only was the request for clawback in violation of the contract between the parties, but was also in violation of the laws of Virginia, which governed the contract. With the help of our counsel, the client was able to avoid a considerable financial clawback.
FH+H recently helped a government contractor avoid debarment by the U.S. Government. Upon receipt of a Notice of Suspension and Proposed Debarment the contractor reached out to FH+H’s Government Contracts team. Despite the fact that the Government’s investigators had identified significant negative facts, and that administrative action seemed all but inevitable, FH+H was able to effectively demonstrate the contractor’s present responsibility, thereby avoiding debarment. “For any government contractor the prospect of debarment is an absolute nightmare,” said FH+H Managing Partner Tom Craig, “but as legal counsel our job is to, against all odds, enable our clients to wake up from that nightmare and continue providing valuable goods and services to the U.S. Government.”