NOTE: CASE RESULTS DEPEND ON A VARIETY OF UNIQUE FACTORS AND DO NOT GUARANTEE OR PREDICT SIMILAR RESULTS FOR FUTURE CASES.
In August, 2014, FH+H worked with a government subcontractor to amicably resolve payment discussions with its prime contractor. After the prime contractor terminated the subcontract at issue for convenience, the subcontractor turned to FH+H to help negotiate the settlement in such a manner that it could recoup its costs and preserve a valuable client relationship. FH+H did just that and, as a result, the subcontractor and its customer can look forward to additional collaboration.
FH+H partner Craig Guthery recently negotiated a complex intellectual property dispute between a government contractor and the U.S. Government. After years of performance by the contractor under a services contract, the Government claimed ownership of proprietary software used by the contractor in performing these services. Leveraging his considerable experience as a litigator and his familiarity with the federal procurement sector, Guthery convinced the Government to abandon its ownership claim and license the software from the contractor going forward. “As an attorney,” said Guthery, “there is no greater privilege than to help a client navigate a seemingly unnavigable problem and to negotiate an arrangement that fulfills the needs of all those involved.”
FH+H recently helped a government contractor secure an $8.1M contract with the U.S. Navy. For nearly twenty years, the contractor had been working side-by-side with the U.S. Navy to develop next generation sonar technology, and FH+H provided strategic advice during the pre-award discussions that positioned the contractor for success. “As a firm,” said FH+H Senior Associate Adam Munitz, “this is exactly what we strive to do: provide high quality legal support to our clients, so that they can grow their businesses and deliver products and services that are critical to U.S. national security.”
FH+H's International Trade + Transactions Practice Group was able to assist a major government contractor in navigating the complex requirements of the ITAR regulatory scheme. Specifically, FH+H helped the contractor to obtain agency-level exemptions so that the contractor could export sensitive and classified technical data to two different friendly foreign governments. FH+H was then able to assist the contractor in applying for Technical Assistance Agreements for longer term authority to continue those exports. FH+H also assisted the client in maintaining the proper registrations and licenses for itself and its subordinate entities throughout a corporate restructuring.
FH+H recently completed an extensive review of a federal agency’s leasing procedures, at that agency’s request. The contracts at issue were issued pursuant to a complex and unique regulatory framework, and FH+H was engaged to assist the agency in assessing how the contracts fit within that framework, including the interplay of that framework with the Federal Acquisition Regulation and other relevant law. This investigation is the latest in FH+H’s long history of investigations that involve complex regulatory schemes, whether for companies that must deal with those regulations, or for the agencies that promulgate them.
FH+H’s employment law practice group recently negotiated a favorable settlement agreement and severance package for a senior executive in the aviation industry. As a result of the firm’s efforts, the executive and the company were able to part ways with an agreement that met the needs of both parties.
FH+H successfully represented a business development professional in a case against a subsidiary of one of the largest defense contractors in the United States. The case involved complex employment and contractual issues, including the proper structure and payment of commissions on government contracts, the impact of contract type and option years on the payment of commissions, and the applicability and enforcement of confidentiality and non-competition provisions in employment contracts. FH+H was pleased to be able to obtain a favorable result for our client.
FH+H attorneys Jennifer Huber and Adam Munitz successfully negotiated and closed a multi-year, multi-million deal for a US-based division of a foreign-owned company teaming with a Middle Eastern company to provide services to the Government of Afghanistan. Huber and Munitz represented the US-based representatives in negotiations with strategic partners in the Middle East in order to craft a structure allowing for efficient delivery of services and payment procedures in support of long-term direct commercial sales to the foreign customer.
FH+H attorneys Jennifer Huber and Adam Munitz structured and implemented a complex export licensing program for a US government subcontractor providing work in support of a US Government program in Asia. The program called for the provision of sensitive goods and services through a Middle Eastern-owned prime contractor. Huber and Munitz worked with all parties, including the customer and end user, to establish and implement a compliance program that supported mission completion.
An FH+H government contracting team successfully challenged a recent local solicitation as anti-competitive. After requesting proposals from contractors to provide IT services, a Northern Virginia county government modified the solicitation terms to drastically increase the requirements for eligible contractors. The FH+H team contested the procurement, questioning the county procurement officer’s decision in light of applicable state and county regulatory language. In response, the county attorney’s office has notified FH+H that the solicitation will be re-issued at a later date with the anti-competitive requirements removed.