Morrison & Foerster’s government contracts practice includes former Department of Defense government contracts attorneys who have served as key counsel on important government contracting matters. We represent large defense contractors with multibillion-dollar contracts, middle-market contractors, and start-up companies that are entering the government market.
Our clients supply products and services to federal, state, local, and international governmental entities and our clients span a range of industries, from information technology, defense electronics, aerospace, and shipbuilding, to financial services, logistics support, and transportation.
Our capabilities include:
Contract Formation and Performance Counseling
We work with clients to analyze and provide guidance concerning solicitation, evaluation, certification, regulatory, and statutory requirements that apply to bids, proposals, teaming agreements, joint ventures, and subcontracts.
Intellectual Property and Licensing
We work with clients to develop and implement effective measures to address issues involving intellectual property, including protecting intellectual property rights to software and hardware developed or customized for a federal customer, and to technical data delivered under government contracts. We also have extensive experience in technology licensing where government funds or technology are involved, assisting technology companies to understand the types of research and development agreements and federal technology transfer programs, and drafting and negotiating consortia agreements, CRADAs, Material Transfer Agreements, patent licenses, and related agreements.
M&A Due Diligence
Our government contract attorneys assist clients in addressing the government contracting issues that arise in the acquisition or sale of a company that does business as a government contractor. These efforts involve due diligence reviews, strategic alliances, novations, Committee on Foreign Investment in the United States (“CFIUS”) review, and resolution of security clearance issues.
International Procurements
We address transactional issues and disputes as well as the requirements relating to international compliance issues, export controls, the Buy American Act, international anti-corruption laws, and U.S. Foreign Corrupt Practices Act compliance.
Investigations and Enforcement Action
We have substantial experience conducting internal investigations and representing clients in enforcement actions, including criminal investigations and prosecutions, grand jury investigations, qui tam or government-initiated civil false claims actions, and administrative actions such as suspension and debarment.
Our attorneys routinely work with companies to develop, enhance, and implement effective business conduct and compliance programs to minimize this risk and provide a mechanism for addressing problems when they arise. When needed, we represent clients in contractual, administrative, civil, and criminal proceedings.