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