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MoFo Advises Markon on its Acquisition of Plex Solutions and Plex Cyber

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Morrison Foerster advised Markon, a portfolio company of Sterling Investment Partners, in connection with its acquisition of PLEX...

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Morrison Foerster advised Markon, a portfolio company of Sterling Investment Partners, in connection with its acquisition of PLEX Solutions and PLEX Cyber, from PLEX LLC. This move marks a significant expansion of Markon’s cyber and technology capabilities, reinforcing the firm’s position as a prime partner for mission-focused digital modernization.Markon is a U.S. consulting firm with a federal government focus, specializing in enterprise technology, business operations, and critical infrastructure for the nation’s intelligence, defense, and civilian agencies. PLEX Solutions is a technology consultancy serving government clients, offering cybersecurity, engineering and technology services; PLEX Cyber is a consultancy providing adversarial simulation and penetration testing, innovative cyber products, and managed security solutions.The MoFo Team was led by corporate partner Tyler Sewell, government contracts partner Damien Specht, and corporate associate Astrid Menendez-Muharram. The broader team included global employment + labor partner Michael Schulman, tax partner Dave Sturgeon, data, cyber + privacy partner Julie O’Neill, and technology transactions partner Aya Eguchi.Read the <a href="https://www.markonsolutions.com/blog/markon-acquires-plex-expanding-cyber-ai-and-managed-security-capabilities?utm_campaign=30311173-CORP%20DEV%20-%20EXT%20-%20PLEX&utm_content=358374656&utm_medium=social&utm_source=linkedin&hss_channel=lcp-207590" target="_blank">Markon press release</a>.

MoFo Advises Markon on its Acquisition of Plex Solutions and Plex Cyber

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Tyler Sewell is a corporate partner in the firm’s Denver and Washington, D.C. offices and serves as Lead of the M&A Practice Group. He focuses his practice on advising clients on a broad range of corporate matters, with an emphasis on M&A and private equity transactions.Tyler has significant experience representing businesses and private equity funds (and their portfolio companies) in a broad range of corporate matters, including acquisitions, leveraged buyouts, joint ventures, growth equity investments, and divestitures. Clients rely on him for both his sophisticated legal counseling as well as his sharp business acumen.Tyler advises clients in all aspects of their investment activity across a wide variety of industry sectors, including aerospace, defense and government contracting; business services; technology (semiconductors, software, and Internet); consumer products; e-commerce; healthcare; industrials; and transportation.Prior to attending law school, he served as a surface warfare officer on the USS Russell and the USS Dwight D. Eisenhower.<h4>Representative Experience</h4><ul><li>Alpha Omega Integration, which specializes in digital modernization, AI, and cybersecurity,</li><ul><li>in its acquisition of SeKON Enterprise, which provides Federal health IT systems professional services advisory</li><li>in its acquisition of Macro Solutions, an IT and management consulting firm</li></ul><li>Astroscale U.S. in its acquisition of assets of Effective Space Solutions R&D</li><li>Aurotech in its partnership with OpenGate Capital</li><li>B&A, a leading information technology systems integrator, in its investment from DFW Capital Partners.</li><li>Babel Street in its acquisition of certain assets of Dunami</li><li>Betterer Foods in its sale of RightRice to The Planting Hope Company</li><li>The Building People in its acquisition of InfoNarus</li><li>California Cryobank in its acquisition of Donor Egg Bank</li><li>CBRE Group in its acquisition of Tax Credit Group</li><li>Continental Mapping Consultants in its acquisition by Bluestone Investment Partners</li><li>Cydecor, Inc., which delivers mission-enabling technology solutions to national security and defense agencies, in its acquisition of Artel, provider of network solutions to the U.S. Government</li><li>Definitive Logic in its acquisition of Digital Mobilizations</li><li>Dynamo Technologies in its acquisition of Victory Solutions</li><li>Envision Healthcare Corporation (NYSE: EVHC), its operating subsidiaries and affiliates in multiple transactions, including the acquisitions of Guardian Healthcare Group; Life Line Ambulance Service; Phoenix Physicians; Emergency Medical Associates of New Jersey; Scottsdale Emergency Associates; Questcare Medical Services; and Emergency Physicians Medical Group</li><li>eTelligent Group in strategic investment from IMB Partners</li><li>Excellere Partners in its investment in Concord Technologies</li><li>Grant Thornton in the sale of its Public Sector Advisory practice to Guidehouse, a portfolio company of Veritas Capital</li><li>Intelligent Software Solutions in acquisition of Xpect Software</li><li>iovation in its acquisition by TransUnion</li><li>iPharma in its acquisition by Kindeva</li><li>KRG Capital Partners in multiple transactions, including, its acquisition of F.A. Richard & Co.; its sale of Avizent to Abry; and its sale of Tronair to Levine Leichtman</li><li>LinQuest, a portfolio company of Madison Dearborn, in its acquisitions of Capability Analysis & Measurement Organization, LLC (CAMO) and Hellebore Consulting Group</li><li>Markon Solutions, a government consulting firm backed by Sterling Investment Partners,</li><ul><li>in its acquisition of Advanced Systems Engineering Corp., a small business that provides services in management, systems engineering, finance, cybersecurity and software development</li><li>in its acquisition of JY Systems, which provides engineering and integration service for DoD</li><li>in its acquisition of Leverage Information Technologies LLC (LIT), a software engineering and data science consultancy</li><li>in its acquisition of PLEX Solutions and PLEX Cyber</li><li>in its acquisition of Millenium Corporation</li></ul><li>McKesson Corporation in its acquisitions of Vantage Oncology LLC and Biologics, Inc.</li><li>Minerva Engineering in its acquisition by ManTech International</li><li>Mountaingate Capital in multiple transactions, including its investments in platform companies Rep Data and Ignite Visibility, as well as Ignite Visibility's acquisitions of EverConnect, Outliant, and Rallio.</li><li>Novaria Group in its acquisition of Fitz Manufacturing Industries</li><li>onsemi in its acquisition of GT Advanced Technologies</li><li>REPKON USA Holdings Inc., a technology leader in the aerospace and defense market, in its definitive agreement for the acquisition of McCormick Stevenson Corporation.</li><li>RH in its acquisition of Waterworks</li><li>Sedgwick Claim Services, a portfolio company of Carlyle, in its acquisition of Managed Care Advisors</li><li>ShowingTime in its sale to Zillow Group</li><li>Sigma Defense Systems, a portfolio company of Sagewind Capital and a leading provider to DoD,</li><ul><li>in its acquisition of Juno Technologies, which specializes in delivering IT engineering, systems integration, software development, and technical support to the DoD</li><li>in its acquisition of the business of Sub U Systems</li></ul><li>SoftBank Corporation in multiple transactions, including its acquisition of a controlling interest in Brightstar Corp. and its sale of its controlling stake in Finnish gaming company Supercell Oy to Tencent Holdings</li><li>Splunk, Inc. in its acquisition of Caspida, Inc.</li><li>Sweetwood Smoke & Co., maker of FATTY Smoked Meat Sticks, in its sale to Conagra Brands (NYSE: CAG), one of North America's leading branded food companies.</li><li>Telesis in its partnership with Belcan</li><li>Tomkins Ltd. in multiple transactions, including its acquisition of Du-Tex; its divestiture of Dexter Axle to Sterling Partners; and its sale of Aquatic US Holdings to Sterling Partners</li><li>Unilever in its acquisition of Dollar Shave Club</li><li>VariQ in its sale to Capgemi</li><li>Washington Harbour Partners</li><ul><li>in its over $60 million strategic growth investment in Raft LLC</li><li>in its strategic growth investments in Trusted Space, LLC</li><li>in its acquisition of Outpost Mission Services (formerly known as Radome Services)</li><li>in acquisitions by its portfolio company SIXGEN, a full-spectrum provider of cyber products, operations, and solutions, of Secure Enterprise Engineering, Inc. and Boldend.</li></ul><li>Westfire, Inc. in its sale to Tyco SimplexGrinnell</li><li>Yahoo! in multiple transactions, including its acquisition of Brightroll</li><li>zipLogix in its acquisition by Lone Wolf Real Estate Technologies</li></ul>

Tyler Sewell

Partner

Damien is a partner in the firm’s Government Contracts & Public Procurement practice. Damien represents clients in all facets of government contracts transactions, as well as regulatory counseling, subcontract and teaming agreement negotiations, contract disputes, size protests, and protests. Damien has been recognized as a leading Government Contracts lawyer by various publications. Chambers USA explains that he “is a strong choice for advising government contractors on M&A transactions,” with sources saying that he has “excellent knowledge of government contracts M&A” and that “his biggest strength is that he is very commercial, thinking about both the legal and business side of things.” National Law Journal named him a Trailblazer and found that federal lawmakers turn to him when they “need expert advice about small-business policy.”Damien has played a significant role in more than 200 government contracts transactions, representing industry leaders, private-equity firms and entrepreneurs. He also regularly serves as lead counsel in high-stakes litigation, including pre- and post-award protests at the GAO, the U.S. Court of Federal Claims, and state tribunals, as well as in size protests and appeals.The co-editor of books on small business litigation and government contracts transactions, Damien was a founding member of the ABA Public Contract Law Section Mergers and Acquisitions Committee and serves in the leadership of the American Bar Association Small Business & Other Socioeconomic Programs Committee. Damien has testified about procurement issues before the United States House of Representatives.<h4>GAO PUBLISHED DECISIONS</h4><ul><li>Dawson Solutions, LLC, B-418587, B-418587.2, Jun. 19, 2020, 2020 CPD ¶ 216</li><li>LATA-Atkins Technical Services, LLC, B-418602,B-418602.4, Jun. 10, 2020, 2020 WL 3265159</li><li>Inquiries, Inc., B-418486, B-418486.2, B-418486.3, May 27, 2020, 2020 WL 3034820</li><li>BEAT, LLC, B-418235, B-418235.2, Jan.30, 2020, 2020 CPD ¶ 64</li><li>Battelle Memorial Institute, B-416263.5, Jan. 23, 2020, 2020 WL 508726</li><li>ASRC Federal Data Network Technologies, LLC, B-418028; B-418028.2, Dec. 26, 2019, 2019 WL 7370424</li><li>IPKeys Technologies, LLC, B-416873.2, B-416873.3, Apr. 5, 2019, 2019 CPD ¶138</li><li>ActioNet, Inc., B-416557.4, February 27, 2019, 2019 CPD ¶ 97</li><li>Advanced Software Systems, Inc., B-414892.2, B-414892.3, B-414892.4, B-414892.5, B-414892.6, Jan. 7, 2019, 2019 CPD ¶ 51</li><li>Chenega Healthcare Services, LLC, B-416158, Jun. 4, 2018, 2018 CPD ¶ 200</li><li>Federal Acquisition Services Alliant JV, LLC, B-415406.2, B-415406.3, April 11, 2018, 2018 CPD ¶ 139</li><li>VT Halter Marine, Inc., B-415510.2, B-415510.3, B-415510.4, Jan. 24, 2018, 2018 CPD ¶ 62</li><li>OBXtek, Inc., B-415258, Dec. 12, 2017, 2017 CPD ¶ 381</li><li>Katmai Health Services, LLC, B-413816.3, Jul. 12, 2017, 2017 CPD¶ 220</li><li>Verdi Consulting, Inc., B-414103.2, B-414103.3, B-414103.4, Apr. 26, 2017, 2017 CPD ¶ 136</li><li>Threat Management Group, LLC, B-413729, Dec. 21, 2016, 2017 CPD ¶ 9</li><li>Analytic Strategies LLC; Gemini Industries, Inc.; B-413758.2, B-413758.3, Nov. 28, 2016, 2016 CPD ¶ 340</li><li>Kollsman, Inc., B-413485, B-413485.2, B-413485.3, Nov. 8, 2016, 2016 CPD ¶ 326</li><li>The Boeing Company, B-412441, Feb. 16, 2016, 2016 CPD ¶ 269</li><li>Ball Aerospace & Technologies Corp., B-411359; B-411359.2, Jun. 16, 2015, 2015 CPD¶ 219</li><li>IAP World Services, Inc.; EMCOR Government Services, B-407917.2, B-407917.3, B-407917.4, B-407917.5, B-407917.6, B-407917.7, 2013 CPD ¶ 171</li><li>AT&T Government Solutions, Inc. , B-406926, B-406926.2, B-406926.3, B-406926.4, B-406926.5, B-406926.6, 2013 CPD ¶ 88</li><li>Weibel Equipment, Inc., B-406888, B-406888.2, 2012 CPD ¶ 279</li><li>O'Gara Training and Services, LLC, B-404901.2, 2011 CPD ¶ 171</li><li>Harrington, Moran, Barksdale, Inc., B-401934.2, B-401934.3, 2010 CPD ¶ 231</li><li>CIGNA Government Services, LLC, B-401068.4, B-401068.5, 2010 CPD ¶ 230</li><li>ITT Corporation, Systems Division, B-310102.6, B-310102.7, B-310102.8, B-310102.9, 2010 CPD ¶ 12</li><li>FedSys, Inc., B-401453, 2009 CPD ¶ 181</li><li>Academy Facilities Management, B-401094.3, 2009 CPD ¶ 139</li><li>Honeywell Technology Solutions, Inc., B-400771; B-400771.2, 2009 CPD ¶ 49</li><li>TrailBlazer Health Enterprises, LLC, B-310801.6, B-310801.7, B-310801.10, 2013 CPD ¶ 204</li><li>Evans Security Solutions, Inc. , B-311035, 2008 CPD ¶ 58</li><li>DRS C3 Systems, LLC, B-310825; B-310825.2, 2008 CPD ¶ 103 </li></ul><h4>COFC PUBLISHED DECISIONS</h4><ul><li>AccelGov, LLC v. United States, 170 Fed. Cl. 508 (2024)</li></ul><ul><li>Acuity Edge, Inc. v. United States, 174 Fed. Cl. 46 (2024)</li></ul><ul><li>Alpine Cos., Inc. v. United States, 156 Fed. Cl. 681 (2021)</li></ul><ul><li>Navarro Rsch. & Eng’g, Inc. v. United States, 151 Fed. Cl. 184 (2020)</li></ul><ul><li>Next Phase Sols. & Servs., Inc. v. United States, 164 Fed. Cl. 15 (2023)</li></ul><ul><li>Noble Supply & Logistics LLC v. United States, 168 Fed. Cl. 439 (2023)</li></ul><ul><li>Quanterion Sols, Inc. v. United States, 157 Fed. Cl. 22 (2021)</li></ul><ul><li>HomeSource Real Estate Asset Servs. v. United States, No. 10-416 C, 94 Fed. Cl. 466 (Fed. Cl. 2010)</li><li>ACTA, LLC v. United States, No. 20-356C</li><li>Chenega Healthcare Servs., LLC v. United States, No. 18-861C, 141 Fed. Cl. 254 (Fed. Cl. 2019)</li><li>Trans Digital Techs., LLC v. United States, No. 18-121C, 138 Fed. Cl. 34 (Fed. Cl. 2018)</li><li>Precise Sys. v. United States, No. 14-1174C, 122 Fed. Cl. 263 (Fed. Cl. 2015)</li><li>Palladian Partners, Inc. v. United States, No. 14-317C, 119 Fed. Cl. 417 (Fed. Cl. 2014)</li><li>Pyramid Real Estate Servs., LLC v. United States, No. 10-599 C, 95 Fed. Cl. 613 (Fed. Cl. 2010)</li><li>Acad. Facilities Mgmt. v. United States, No. 09-302C, 87 Fed. Cl. 441 (Fed. Cl. 2009)</li><li>L-3 Communs. EOTech, Inc. v. United States, No. 08-515 C, 83 Fed. Cl. 643 (Fed. Cl. 2008)</li></ul>

Damien C. Specht

Astrid Menendez-Muharram is a corporate partner in the firm’s Miami office, focusing her practice on advising clients on complex domestic and cross-border transactions, with an emphasis on M&A and private equity transactions, both in the United States and Latin America. Astrid has significant experience representing businesses and private equity funds (and their portfolio companies) in a broad range of corporate matters, including strategic mergers, acquisitions, joint ventures, growth equity and venture capital investments, and divestitures.Astrid advises clients in all aspects of their investment activity across a wide variety of industry sectors, including consumer and retail; defense and government services; food and agriculture; aerospace and transportation; business services; technology; and industrials.She speaks fluent Spanish.

Astrid Menendez-Muharram

Michael Schulman is a partner in the firm’s Global Employment and Labor Group and co-head of the firm’s Washington, D.C. Litigation Department.Michael regularly advises clients in connection with important workforce-related matters, including hiring and negotiating employment agreements for senior executives, sensitive executive separations, internal workplace investigations, employment claims and disputes, and employment issues arising in the context of mergers, acquisitions, bankruptcies and other corporate transactions. Michael is known for using a pragmatic, efficient, and results-oriented approach, focused on achieving his clients’ desired business outcomes.Michael regularly guides clients through complex workforce issues, including, for instance allegations of workplace misconduct; restrictive covenant drafting, enforcement, and strategic evaluation; worker classification and wage-and-hour compliance practices; and the unique issues that arise in a unionized workplace. Michael’s experience covers a broad range of employment and labor laws at the federal, state, and local level, including Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the National Labor Relations Act, the Fair Labor Standards Act, the Fair Credit Reporting Act, the Uniformed Services Employment and Reemployment Rights Act, the Worker Adjustment and Retraining Notification Act, the Defend Trade Secrets Act, and corresponding state and local laws.Michael has unique experience addressing labor and employment matters that arise in connection with corporate transactions, particularly for private equity firms. Michael has represented clients in over 2,000 transactions, including many large-scale multinational mergers, acquisitions, and asset carve-outs. He regularly conducts acquisition-related labor and employment due diligence and advises clients on the employment and workforce integration or separation implications of mergers, acquisitions, sales, and financings.In the litigation context, Michael represents employers in U.S. federal and state court litigation, administrative agency proceedings, and arbitrations arising out of alleged labor and employment law violations. Michael defends employers against actions brought by government agencies, such as the Equal Employment Opportunity Commission and Department of Labor, as well as actions initiated by current and former employees. He also prosecutes suits against former employees and their new employers for breach of restrictive covenants.

Michael Schulman

David Sturgeon is a partner in Morrison Foerster’s Federal Tax practice.Dave advises clients on a broad range of complex business transactions, including domestic and cross-border mergers and acquisitions, joint ventures, spin-offs and other divestitures, as well as financings, refinancings, restructurings and other business transactions.He earned his J.D. from the University of Chicago Law School, where he was a member of the Chicago Journal of International Law, and received his Master of Laws in taxation from New York University School of Law.Prior to joining Morrison Foerster, Dave was an associate at a law firm in New York, where he represented public companies, financial institutions, private equity clients and other sponsor entities across industries in an extensive range of business transactions.

Dave Sturgeon

Clients seek out Julie because of her practical advice on cutting-edge issues at the intersection of privacy and consumer protection laws. She provides clients with practical solutions to compliance challenges around a wide variety of both online and offline privacy issues, including tracking, interest-based advertising, geo-targeting and other mobile tracking, personalization, and cross-device tracking. Recognized in The Legal 500 US 2014, 2016, 2019, and 2020 and Chambers USA 2021 for her exceptional legal work, her clients praise her saying, “She is really good at giving practical, targeted advice and taking stock of what the risk profile of the client is, so that the advice is holistic.” (Chambers USA).Julie provides clients with creative and practical advice on meeting the requirements of state and federal privacy laws, including the Federal Trade Commission Act (FTC), the California Consumer Privacy Act (CCPA), Children’s Online Privacy Protection Act (COPPA), and the Family Educational Rights and Privacy Act (FERPA). She crafts guidelines and compliance programs for clients’ collection, use, and disclosure of personal information in diverse contexts and throughout the life cycle of their initiatives, such as for connected products (the Internet of Things) and mobile services. She also drafts privacy and cookies policies, online service terms of use, agreements involving online and offline advertising and marketing practices, and agreements concerning a variety of data uses. In addition, Julie helps clients assess and manage privacy risks, including in connection with mergers, acquisitions, and other strategic transactions.Julie creates compliance programs for clients’ use of a wide variety of channels for communicating with and marketing to consumers, including email, telephone, text message, and fax, both in the United States and around the world. She works with clients to develop their social media strategies and to clear their social media content. She also reviews advertising in both traditional and new media for compliance with applicable laws, including Section 5 of the FTC Act and various FTC rules and guides. In addition, she works with clients to structure, market, and implement their sweepstakes, contests, and other promotions in compliance with applicable laws.As a former FTC staff attorney, Julie regularly defends companies in investigations by the FTC and before data protection authorities around the world.<h4>Representative Experience</h4><ul><li>A company that creates online software used by schools in an FTC investigation of alleged COPPA violations.</li><li>A consumer services company investigated by the Korean data protection authority for alleged privacy violations</li><li>A manufacturer in connection with a challenge of its environmental advertising claims by the FTC </li><li>An advertising services company in an investigation of alleged privacy-related violations of the FTC Act</li><li>An online provider of entertainment services in an FTC investigation of alleged COPPA violations</li><li>A beverage company in an FTC investigation of alleged COPPA violations</li></ul>Before attending law school, Julie was a Peace Corps volunteer in The Gambia, West Africa.

Julie O'Neill

Aya Eguchi is a partner in the Technology Transactions Group.  Her practice focuses on transactions and counseling involving intellectual property and technology, with an emphasis on licensing and distribution arrangements, technology development and strategic alliance activities and technology transfers.Ms. Eguchi advises clients on transactional matters involving the acquisition, development, licensing and transfer of intellectual property, including the structuring and negotiating of joint ventures and strategic alliances; development and distribution agreements; software and technology licenses; and intellectual property components of mergers and acquisitions and other corporate transactions. As a native Japanese speaker, Ms. Eguchi has extensive experience working on cross-border transactions with clients from a variety of fields, including companies in the pharmaceutical, life sciences and medical device industries; software, IT and telecommunications companies; and multinational technology conglomerates.  She also provides pro bono legal services to several not-for-profit entities in connection with their commercial and intellectual property-related transactions.Before joining Morrison & Foerster, Ms. Eguchi worked as an IT consultant for a Fortune Global 500 management consulting firm, in Japan, Italy, France and the UK, focusing on strategic counseling for the design, development and implementation of technology solutions.Ms. Eguchi earned her J.D. from Cornell Law School in 2012, where she was a member of the Cornell Law Review.  Ms. Eguchi received her B.S.E. in both Biomedical Engineering and Electrical Engineering from Duke University in 2005. Ms. Eguchi is admitted to practice law in the state of California and is a registered patent agent with the U.S. Patent and Trademark Office.