REPRESENTATIVE
EXPERIENCE: LITIGATION Represent a large multinational Fortune
500 company in an extensive internal investigation and in the DoD/DoJ Voluntary Disclosure Program related to contract noncompliance
allegations and potentially involving False Claims Act violations and procurement fraud. Successfully represented
major defense contractor at the Court of Appeals for the Federal Circuit in the Navy's appeal of a favorable ASBCA decision
involving $30 million in breach of warranty claims related to the Navy's SQQ-89 antisubmarine warfare system.
The case below included extensive motion practice, discovery on numerous technical issues, and a
three-week trial involving multiple experts and numerous fact witnesses. Represented a US company accused of Foreign Corrupt Practices Act (FCPA) violations related
to sales of aerospace supplies in the Far East. The allegations included bribes paid to government officials
to obtain large contracts with the foreign government. Represented a large multinational foreign company sanctioned
by the US Sate Department for violations of the Iran, North Korea,
and Syria Nonproliferation Act. The violations
related to sales of controlled products and services to Iran and Syria. Represent major DOD aerospace company in "reverse" Freedom of
Information Act case in federal district court seeking to enjoin the Air Force's release of confidential commercial information
submitted in a proposal and incorporated into an Air Force contract. Based on the client's cross-motion
for summary judgment, the court determined that the Air Force had not properly justified the basis for its decision to release
the information, and remanded the matter back to the Air Force. Represented
major developer in a $155 million Federal Tort Claims Act case against the Army for environmental damages related to property
purchased pursuant to the closure of a former Air Force base. Represented major Defense contractor involving over
fifteen directed and constructive changes to the contract requirements, as well as termination claims valued at over $27 million.
The case involved the client's contract for the design, engineering development, fabrication, test, and certification
for the Global Air Traffic Control Program related to military aircraft, and resulted in a favorable settlement for the client. Represented major Defense contractor
at the Court of Appeals for the Federal Circuit in the Navy's appeal of a favorable ASBCA decision involving $30 million in
breach of warranty claims related to the Navy's SQQ-89 antisubmarine warfare system. The case below included
extensive motion practice, discovery on numerous technical issues, and a three-week trial involving multiple experts and numerous
fact witnesses. Represent a major Defense contractor in "reverse" Freedom
of Information Act case in federal district court seeking to enjoin the Air Force's release of confidential commercial information
related to the satellite and space systems control network submitted in a proposal and incorporated into an Air Force contract.
Represent
a major Defense contractor involving directed and constructive changes to its shipbuilding contract with the Navy.
The case involves schedule analysis experts and extensive delay and disruption valued at over $45 million caused by
the Navy's changes to the technical baseline of the ship's systems. Represented leading supplier of oxidizing agent for
solid propellant rocket motors in its request for equitable adjustment for directed and constructive changes to its supply
contracts. The case resulted in a favorable settlement, which included restructuring the contract terms
and conditions. Case involving a major DOD aerospace company in litigation before the Armed Services Board of Contract Appeals.
The case involved over $1.8 billion in claims in a complex major weapon systems procurement, the C-17 aircraft.
The case settled on the eve of the first of 8 scheduled trials for $480M, and numerous concessions concerning technical
requirements. Represented a telecommunications company in litigation of over thirty constructive change and partial termination
claims valued at over $200 million before the ASBCA. The case involved the client's contract to design,
build, and test the Air Force's Consolidated Satellite Operations and Control Center (CSOC). The case settled
shortly before the first trial through intensive, unassisted ADR, and provided a very favorable monetary settlement for the
client and concessions by the Government regarding technical and performance issues. Case at the ASBCA involving $40M
in constructive change and termination claims related to the highly complex technical effort to design, develop, and build
a classified system for the Air Force. Obtained a very favorable settlement through unassisted ADR. Co-counsel, with another law firm,
represented a major DoD aerospace company at the Court of Federal Claims involving $1 billion in claims for the Air Force's
termination of a stealth missile contract. The program was classified as covert and involved approximately
30 million pages of documents. Represented major defense contractor pursuing constructive change and termination claims at the ASBCA involving
a Defense Intelligence Agency contract to design, develop, and build a classified computer system for processing satellite
imagery. - Represented
large telecommunications company in dispute with subcontractor on project to design and construct 32 meter antennas.
Obtained favorable settlement through ADR.
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