Government Contracting

Represented a government contractor in successfully defending against breach-of-contract claims in an American Arbitration Association proceeding related to staffing services for proposal writing. The matter involved complex employment issues under both Virginia and Indian law, with the claimant alleging improper hiring from its corporate affiliate in India. Following comprehensive presentation of evidence demonstrating that no solicitation had occurred and no damages could be established, the arbitrator ruled entirely in our client's favor and ordered the claimant to bear all administrative and arbitrator fees

Lead arbitration counsel for LLC shareholder in fraudulent inducement and breach of contract arbitration against LLC and managing member. After obtaining favorable pre-award rulings from the arbitrator, achieved multimillion-dollar settlement for client.

Successfully defended government contractor, a majority member of an LLC that was awarded a U.S. Army IDIQ contract worth over $100 million, in a lawsuit filed by minority member in the Eastern District of Virginia. Obtained summary judgment in favor of client on all business tort claims and struck all of the plaintiff’s experts and damages evidence in pre-trial motions, forcing a bench trial on a single breach of contract claim for nominal damages. Obtained defense verdict in favor of client at trial.

Lead litigation counsel for corporate executive defendant/counterclaimant in business tort, contract and employment litigation against former employer in the Eastern District of Virginia. Obtained favorable settlement of all claims prior to trial.

Lead litigation counsel for corporate executive defendant in Virginia Trade Secrets Act litigation in Fairfax County Circuit Court. Obtained favorable settlement for the client after demurrer with leave to amend sustained.

Lead litigation counsel for government contractor in Fairfax County Circuit Court action for breach of the parties’ subcontract, seeking injunctive relief and monetary damages against prime contractor. Obtained preliminary injunction for client and entered into a favorable settlement prior to trial.

Represented government contractor, minority member of LLC, awarded a multimillion-dollar defense contract in shareholder derivative lawsuit against LLC and majority member in Fairfax County Circuit Court.

Represented government contractor in multi-year litigation with former teaming agreement partner in Fairfax County Circuit Court and arbitration, involving claims of fraud, misappropriation of trade secrets and tortious interference with contract.

Represented health and wellness multilevel marketing company as co-counsel in bet the company litigation in the Southern District of California involving Lanham Act claims against former executives and competitor. Traveled the country taking and defending fact and expert depositions and engaged in voluminous motions practice.

Successfully defended government contractor in arbitration involving a multimillion-dollar IDIQ defense contract. Motion for summary disposition granted and award entered in favor of the client by an arbitrator.

Successfully represented lenders in over 80 collections actions in Fairfax County Circuit Court against defaulting borrowers and guarantors. Obtained numerous judgments in lenders’ favor, including awards of attorneys’ fees and costs, collectively totaling millions of dollars.

Represented medical practice in multiple pre-litigation disputes with doctors involving non-competition and non-solicitation agreements. Successfully settled all claims and disputes without initiating court action.

Sale of Base2, LLC, a company specializing in the design and development of cutting-edge cyber solutions across the domains of computer network operations (CNO), signals intelligence (SIGINT) and quick reaction capability, to BlueHalo, a portfolio company of Arlington Capital Partners.

Sale of Sayres and Associates Corporation, a provider of acquisition, engineering, operations, training, war gaming, and security support services to various government customers, to Viking35, LLC, a portfolio company of Broadtree Partners.

Sale of Entegra Systems LLC, a provider of cyber technology solutions in support of defense, intelligence, and national security missions, to Acclaim Technical Services, LLC, a Blue Delta Capital Partners backed company.

Sale of Sayres and Associates Corporation, a provider of acquisition, engineering, operations, training, war gaming, and security support services to various government customers, to Viking35, LLC, a portfolio company of Broadtree Partners.

Counseled a government contractor in a long-term data breach incident, which involved coordination with ongoing FBI investigation of international cyber-criminal, required notification to affected persons and regulatory bodies, and responses to subsequent inquiries from state attorneys general. 

Miles & Stockbridge served as lead defense counsel in a nationwide FLSA class action claim directed at staffing agencies providing engineers for nuclear power plants. We developed a multi-prong strategy focused on dismissing the parent corporation and a significant reduction of Plaintiffs’ claims for damages. We were able to craft a confidential nationwide settlement. 

A company providing integrated security services terminated an executive after revelations of discrimination in the organization and retaliation by the executive, as well as suspicions of the executive’s involvement in misconduct in connection with bids for state government contracts. Miles & Stockbridge conducted and advised the client through several different internal investigations and the ultimate termination of the executive and several other members of management. With our assistance, the client terminated the employees, clawed back all equity, and avoided a lawsuit.

Sale of BlackBox Biometrics, Inc., a market leader in wearable blast overpressure measurement sensors for the military and first responders, to AirBoss Defense Group, a division of AirBoss of America Corp. (BOS: CA).

Representation of engineering and IT infrastructure, data analysis and systems engineering solutions and services serving the U.S. intelligence community and Department of Defense in a part sale/part rollover to a private equity firm specializing in aerospace, defense and government services

Representation of a business engaged in systems engineering and solutions in the missile defense, space and intelligence markets in a merger with a portfolio company of a private equity group

Mike has obtained summary judgment on behalf of multiple defense contractors in federal court cases alleging mesothelioma caused by exposure to asbestos. In some cases, Mike successfully argued that the client’s liability could not extend to replacement or auxiliary components or equipment manufactured and supplied by others, but used in relation to the client’s product. In other cases, Mike executed discovery strategies that revealed missing links in the plaintiffs’ product identification evidence that led directly to summary judgment.

Sale of WaveStrike LLC, a software engineering, data analytics and technology solutions provider to the U.S. Intelligence Community, to Novetta Solutions, LLC, a portfolio company of The Carlyle Group.

Counseled government contractor in fraud claim involving terminated employee.

Successfully negotiated a favorable settlement for our client, a government contractor, in prime contractor/ subcontractor mediation involving business torts and breach of contract.

Successfully represented government contractor client in LLC buyout dispute in Fairfax County Circuit Court. Defended client against trade secret and computer fraud and abuse claims under DTSA and CFAA in related action in the Eastern District of Virginia. Resolved all lawsuits with favorable settlements for the client.

Assisted government contracting company with business succession planning matters. Advice included the implementation of certain profits interest and phantom equity plans for key employees, life insurance policy planning to fund tax-efficient share repurchases, and an entity value “freeze transaction” designed to minimize potential estate tax issues for senior generation of shareholders while allowing younger generation to participate in growth and appreciation in a tax-favorable manner.

GAO denied protest of award of large, multiple award IDIQ contract where agency had reasonably eliminated protester as technically unacceptable.

GAO dismissed the protest of the agency’s proposed corrective action where the protester merely anticipated improper action, and because GAO lacks jurisdiction to hear protests of DoD orders valued at less than $25 million.

GAO sustained the protest where the agency had engaged in discussions that were misleading and not meaningful.

GAO denied the protest where the agency had reasonably declined to consider proposal content that exceeded the solicitation’s page limit.

GAO denied the protest where the agency had reasonably determined that the protester’s proposal was technically acceptable, that this determination did not pertain to a matter of responsibility that should have been referred to SBA for a Certificate of Competency.

Represented numerous contractors in criminal and civil fraud investigations, including grand jury investigations.

SBA’s Office of Hearings and Appeals granted the appeal where the Area Office had not adequately examined the issue of whether the awardee was the “manufacturer” of the end items under 13 CFR § 121.406 (b) et seq.

SBA’s Office of Hearings and Appeals granted the appeal where the award was made to a joint venture whose members did not have a current approved SBA Mentor-Protégé relationship.

SBA’s Office of Hearings and Appeals denied the appeal where the underlying protest was properly dismissed.

A major concessionaire concerning multiple concession contracts with the National Park Service; including a $1.5 billion contract for hotel and food service concessions in Yosemite Park.

A non-controlling equity investment in a strategic materials manufacturer with US government-funded development  and supply contracts in a $5+ million investment by a Fortune 500 manufacturing and distribution company, including technology development, supply, and marketing/distribution agreements, followed ultimately by a complete buy-out.

Acquisition and related financing by a private equity owned designer and manufacturer of rugged computer and information assurance systems of a premiere provider of high-end training, instrumentation and surveillance solutions for military and commercial customers.

Acquisition by a Tier 1 defense contractor of sense and avoid (SAA) assets, including negotiation of a related license, from an innovation leader in the sense avoid sector.

Acquisition by leading provider of big data, cybersecurity, agile development, health IT and managed mobility services of information technology services business assets to provide acquirer with access to additional agencies of the federal government.

Acquisition by leading provider of IT services to the federal government of information technology services business, enabling acquirer’s expanded access to certain agencies of the federal government.

Acquisition of RCT Systems, Inc., a provider of advanced technology solutions addressing critical power and energy management needs for federal and state governmental agencies, from Satcon Technology Corporation (NASDAQ: SATC).

Acquisition of The Bechdon Company, a provider of precision machining services, CAD/CAM part programming and welding and fabrication services for the aerospace, defense, commercial and industrial manufacturing communities, by Breidon Inc., an affiliate of Ridge Engineering, Inc.

Advice and counsel on Exon-Florio and foreign ownership, control and influence (FOCI) mitigation issues to multiple government contractors in transactions ranging from sub-$10 million to over $500 million.

Members of our Corporate, Securities & Tax Practice Group and our Government Contracts Practice Group recently represented Proteus Technologies Inc. in a sale to Arlington Capital Partners. Proteus Technologies is a software and systems engineering solutions firm supporting the intelligence community, with respect to its cybersecurity and signals intelligence needs.

Counseled on all aspects of the design and implementation of procurement, accounting, auditing, and compliance systems relating to expenditure of FEMA Stafford Act grant funds for disaster response and hazard mitigation by a private, for-profit entity acting as agent for a state entity under a unique arrangement created by state statute to enhance operations through the use of the private sector to operate and maintain a state-owned utility.

Counseled an international financing and investment firm on the legal risks involved in providing development financing to a major offshore wind energy project, including due diligence on federal, state, and local legal issues.

Counseled companies on the requirements of The Moving Ahead for Progress in the 21st Century Act (MAP-21), including the impact on utilities of MAP-21’s Buy America provisions.