Aerospace, Defense and National Security

Our Website Uses Cookies

We and the third parties that provide content, functionality, or business services on our website may use cookies to collect information about your browsing activities in order to provide you with more relevant content and promotional materials, on and off the website, and help us understand your interests and improve the website.

For more information, please contact us or consult our Privacy Notice.

Your binder contains too many pages, the maximum is 40.

We are unable to add this page to your binder, please try again later.

This page has been added to your binder.

PDF Binder
- Create PDF
- Add to Binder
Word Document Binder

With an experienced team of former government regulators, enforcers, elected officials, and agency heads, Covington offers aerospace, defense, and national security clients rare insight and practical advice to avoid pitfalls, solve problems, and seize opportunities.

Our work encompasses government contracts, trade controls and sanctions, CFIUS clearances for foreign investments, FOCI and industrial security issues, cybersecurity, public policy and government affairs, congressional investigations, and mergers and acquisitions.

CFIUS, FOCI, and “Team Telecom” Clearances

Covington has a preeminent practice advising U.S. and foreign companies and business associations on all aspects of the U.S. national security review process for foreign investments under the Exon-Florio amendment, as administered by CFIUS.

We have handled many of the biggest successful transactions in the aerospace and defense sectors requiring CFIUS review in the last several years. This includes:

high-stakes commercial investments requiring national security reviews by CFIUS;
applying for, retaining, and defending challenges to facility security clearances;
negotiating and implementing structures to mitigate and comply with the FOCI restrictions set forth in the National Industrial Security Program Operating Manual (NISPOM); and transactions involving high volumes of National Interest Determinations for contracts involving access to proscribed categories of information.

Data Privacy and Cybersecurity

Covington’s cybersecurity practice combines deep expertise developed at the highest levels of government with more than a decade of practical experience advising numerous Fortune 500 companies on cybersecurity risks.

Our cybersecurity practice is distinguished by two main factors:

our unsurpassed experience addressing the most sophisticated cybercrime confronting government and the private sector, and
the depth of support available to clients facing cybersecurity issues, from preparation and protection to incident response to defending claims and obtaining insurance recoveries for losses.

We have:

responded to sophisticated state-sponsored attacks on leading defense contractors and other companies with substantial intellectual property;
developed novel solutions to software development, supply chain, and information assurance concerns of the U.S. government with respect to foreign-owned software and IT companies;
obtained recovery for companies that have incurred several of the largest consumer-related data breaches ever disclosed; and led the most significant prosecutions of insider thefts of classified information in the last decade.

Government Contracts

Our team has decades of experience representing aerospace and defense companies, ranging from critically important matters of the largest defense contractors to fundamental government contracts issues for startups and smaller companies.

Our practice covers the full range of matters, including claims, audit disputes, bid protests, investigations, strategic compliance and intellectual property advice, and other matters. We help defense companies navigate the maze of specialized laws and regulations that apply to government contracting and to understand the opportunities available to them in the volatile government procurement environment.

We also defend government contractors in high-profile tort litigation, including “contractors on the battlefield” cases.

Clients rely on us to devise creative and successful legal strategies for defense companies that increase their competitiveness while protecting their ability to do business with the government.

Our core government contracts team combines years of government, in-house, and law firm experience, and includes former senior U.S. government officials whose knowledge of the inner workings of the government complements the years of industry experience that our practitioners bring to bear on behalf of clients.

Mergers and Acquisitions

Ranked among Corporate Board Member’s best corporate law firms in the United States, Covington represents companies in the aerospace, defense, and national security industries in public and private transactions worldwide.

Our M&A clients include Global 100 companies, private equity firms and investment banks as well as venture-backed companies who depend on our industry knowledge to support their formative transactions. We have particular expertise in regard to both government contracts transactions and assisting clients in navigating the CFIUS review process.

For our M&A work in the aerospace, defense, and national security industries, we form interdisciplinary teams of Covington lawyers who are well positioned to address all aspects of the deal. Lawyers in our regulatory and industry practices work alongside deal counsel to identify and evaluate legal risk associated with the regulatory environment, and to develop and negotiate structures to accomplish our client’s business objectives.

Public Policy

Covington is recognized as among the best government relations firms in the United States and Europe by Chambers and Partners, Legal 500 and The National Law Journal, where the firm ranks among the top five U.S. government affairs practices in its Influence 50 survey.

Our success helping clients through uniquely complex situations, where commercial interests are entangled with domestic politics and international policies, has earned us a reputation as global problem-solvers. Our “law-plus” approach to legal and regulatory issues includes carefully managing the larger political and business contexts surrounding them.

Covington’s roster of former government officials bring decades of experience in the U.S. Departments of Defense, Treasury, State, Commerce, Homeland Security, and Justice, the National Economic Council within the White House, and the Office of the U.S. Trade Representative.

Our team includes members of Congress who held positions of national security leadership in the Senate and the House as well as former staff members with Committees of jurisdiction such as the Senate Armed Services Committee.

Covington also represents corporations and individuals in congressional investigations. Our work spans the full scope of investigations—from discreet requests resolved with little public attention to some of the most high-profile and contentious investigations and oversight hearings for global companies.

Our clients include Fortune 100 and 500 companies, and we have prepared numerous CEOs and other senior corporate officers to testify before congressional oversight panels.

Trade Controls

Covington’s trade controls team is consistently ranked as a top practice by Legal 500 and Chambers and Partners, which has identified us as “the leading firm for export controls issues.”

Our team advises on all aspects of compliance with the International Traffic in Arms Regulations (ITAR) and the dual-use export controls of the Export Administration Regulations (EAR). We provide legal advice on the full range of advisory and enforcement matters involving U.S. and European defense trade controls, including compliance across various jurisdictions with export controls, economic sanctions, and antiboycott laws and regulations.

Our work includes:

establishing product/technology jurisdiction;
advising on the frequent changes in the scope and character of U.S. and European defense trade controls;
obtaining licensing and license agreements (e.g., Technical Assistance Agreements) for complex transactions;
advocating changes in regulatory programs and legislation;
establishing or bolstering internal compliance programs;
providing training; and
investigating, reporting, and navigating enforcement matters.

We also provide counsel on the nuclear export controls administered by the Department of Energy and Nuclear Regulatory Commission (NRC). We regularly interact with and appear before the key trade controls agencies, including the Directorate of Defense Trade Controls (DDTC) and the Bureau of Industry and Security (BIS).

We are also well-versed on treaties that have an impact on defense trade, including the Defense Trade Cooperation Treaties that the U.S. has signed with the United Kingdom and Australia, as well as the Arms Trade Treaty and the Convention on Cluster Munitions.

White Collar Defense and Investigations

Whether in the boardroom or the courtroom, Covington is recognized as one of the top white collar law firms in the country. With dozens of former prosecutors, including three former heads of the Criminal Division of the U.S. Department of Justice, we have unmatched expertise in handling our aerospace and defense clients’ toughest white collar issues and investigations. A key differentiator is our ability to combine deep white collar and False Claims Act (FCA) experience with substantive government contracts expertise to handle virtually every type of procurement fraud issue, including quality assurance and testing deficiencies, cost mischarging, CAS noncompliance, TINA/defective pricing, deficient subcontractor oversight, Procurement Integrity and conflict of interest issues, small business fraud, Price Reduction Clause violations, and violations of myriad other contract and regulatory obligations.

Our lawyers have decades of experience with the regulators and enforcement authorities with whom our clients interact, and we have a reservoir of credibility that can be leveraged on behalf of our clients. When legal and regulatory compliance issues arise, they often garner the attention of multiple regulators, enforcement authorities, and private litigants. We have extensive experience handling multi-regulator, multi-forum investigations and litigation, as well as the collateral issues that come along with them, including suspension and debarment proceedings and congressional investigations.

Notably, we have worked closely with numerous aerospace and defense companies in the recent past to obtain best-case-scenario results across a range of matters, including delivering multiple declinations to prosecute and successfully handling numerous FCA investigations and qui tam lawsuits.

View More View Less

Six-Year Dispute with DOJ Ends with Declination

Our client, a major aerospace manufacturer, was accused of misrepresenting key facts to a government agency, resulting in the agency's decision to move forward with a rocket launch that eventually failed. The client enlisted Covington’s representation in what ended up being a six-year, high-stakes dispute with DOJ. Our compelling presentation and mastery of the details bolstered our arguments, and DOJ ultimately advised it would not pursue a False Claims Act case against the company.

Internal investigations for an aircraft manufacturer

Led more than a dozen internal investigations for a military aircraft manufacturer, including drafting voluntary disclosures filed with the Departments of State and Commerce that were successfully resolved. Also developed export compliance plans for several of the company’s high-profile international projects.

Arms Export Control Act - third party beneficiary claims

Our client sold microchips under a U.S. Air Force Foreign Military Sales (FMS) transaction to a foreign ally’s defense ministry, in a “back-to-back” sale under the Arms Export Control Act (AECA), in which the Air Force purchased the microchips from our client and then sold them in turn to the foreign defense ministry. The foreign defense ministry then sought to present warranty claims directly against our client, claiming to be a third-party beneficiary under our client’s contract with the Air Force. We waged successful litigation in federal trial and appellate courts raising issues of first impression, which established that third-party beneficiary claims are not available, given the public policy and intent of the AECA.

Advising clients on the negotiation and performance of contracts with the Biomedical Advanced Research and Development Authority, the Defense Threat Reduction Agency, and the National Institutes of Health

Advised multiple clients on matters arising from their negotiation and performance of manufacturing and research and development contracts relating to various pandemic and Chemical, Biological, Radiological and Nuclear (CBRN) threats, including matters relating to government indemnification or liability protection for unusually hazardous risks, compliance with cost standards and principles, and protection of intellectual property.

Case of first impression arising from an FMS contract

Represented a U.S. electronics manufacturer in federal trial and appellate courts against contract claims by a foreign sovereign government asserting third-party beneficiary rights under a Foreign Military Sales (FMS) contract. The case raised issues of first impression under the Contract Disputes Act and Arms Export Control Act (AECA).

Compliance program for a defense company

Developed a major defense company’s comprehensive export controls compliance best-practices manual covering a range of export control topics. We seconded one of our associates to the company’s core export compliance organization to work on this project, which required synthesizing existing company compliance material and standardizing export compliance practices across a diverse group of businesses.

Cutting-edge cost allowability victory

Successfully represented a major defense contractor, through trial and decision, in board of contract appeals litigation involving the allowability of private security costs allegedly incurred in connection with providing logistical support to the U.S. military during the Iraq War. The case raised cutting-edge cost allowability, contractor-on-the-battlefield, and statute of limitations issues.

Addressing Regulatory Enforcement Actions

We have addressed regulatory investigations and enforcement actions from regulators in the United States, Europe, and Asia following data breaches. These have included investigations or formal enforcement proceedings brought by the Federal Trade Commission, State Attorneys General, and the Securities and Exchange Commission in the United States, and by data protection authorities and sector-specific regulators across Europe and Asia.

Complex Procurement

A government entity needed to purchase a large number of military vehicles. The procurement required contractors and technology from several jurisdictions and a long-term supply arrangement. From international trade controls and U.S. and EU military sales advice to commercial terms, Covington provided strategic direction as we simultaneously ensured that the documents met local and international requirements.

Global regulatory and legislative support

A global air cargo company wanted to enhance its political influence as a respected industry voice on public policy issues in order to advance its global business objectives. We helped the company resolve difficult regulatory disputes in several countries, including a fast-moving dispute in China that endangered its business model. We also achieved legislative success for the company in the U.S. Congress on defense policy matters in the authorization bill (NDAA).

High-level advocacy before the U.S. executive branch

A U.S. defense company faced stiff competition from a non-U.S. competitor in connection with the deployment of its technology in a NATO-member country, which was seeking a complementary commitment from the U.S. government. We conducted high-level advocacy in the United States, helping our client obtain the needed commitment to secure the transaction-a deal valued at about $5 billion.

Protection of Client IP Rights

For pharmaceutical, energy, and defense companies entering into R&D contracts, grants, and cooperative agreements with federal agencies (including DoD, DOE, and HHS), we have successfully developed and implemented strategies for protecting our clients’ intellectual property. We have helped our clients limit or avoid government IP rights through the use of alternative contracting vehicles, specially negotiated contract clauses, properly drafted statements of work, and other means. We have also obtained waivers of patent ownership from federal agencies, as well as waivers of the U.S. manufacturing requirements under the Bayh-Dole Act.

Responding to Sophisticated Advanced Persistent Theat ("APT") Attacks

We have directed the investigations and response into APT attacks from state-sponsored actors and sophisticated criminal groups targeting intellectual property and other proprietary information. These attacks, and the responses, have spanned multiple industries and global companies, with investigations covering four continents.

Successful representation of major defense IT contractor in GSA IG audit

Successfully represented a major defense IT contractor in an audit of two U.S. General Services Administration (GSA) Schedule contracts by the GSA Inspector General (IG), in which the IG initially asserted a claim for the repayment of tens of millions of dollars. The matter was resolved for less than $5,000.

Successfully defeated infringement suit in the Court of Federal Claims

One of our clients provides a key component of the F-35 Joint Strike Fighter. A rival contractor sued the U.S. government in the Court of Federal Claims, alleging that the component infringed its patent. We intervened on behalf of our client and persuaded the court to rule that the patent is invalid.

Successfully defended prime contractor in data rights lawsuit

We successfully defended a Navy prime contractor accused of misusing its subcontractor’s design data. We convinced the court that the Defense Federal Acquisition Regulation Supplement (DFARS) data rights clauses allowed the client to use and distribute the data, resulting in a complete summary judgment for our client.

Successfully protested $2 billion+ biodefense award

When the federal government awarded a contract worth more than $2 billion for the development and delivery of a medical countermeasure, we protested at the U.S. Government Accountability Office (GAO). After many rounds of briefing, and a hearing before GAO, the agency agreed to cancel and re-compete the majority of the contract.

Successfully protested $200 million U.S. Army award

When the U.S. Army awarded a $200 million contract for IT services, we protested the award, arguing that the awardee had an organizational conflict of interest and gained an unfair competitive advantage by hiring a former government official. The agency took corrective action in response to the protest.

Successfully protested exclusion from $500 million+ biodefense competition

When the U.S. Department of Defense (DoD) conducted a competition for an Advanced Development and Manufacturing (ADM) facility for medical countermeasures, we protested DoD’s exclusion of one of the offerors from the competitive range. The protest issues were of extraordinary technical complexity, but after several rounds of briefing, we convinced the agency to reverse course and invite the offeror back into the competition.

Successfully protested the terms of a $600 million cloud procurement

When the Central Intelligence Agency (CIA) issued an RFP for cloud services, we filed a protest challenging the terms of the RFP as unduly restrictive of competition. After discussion with the U.S. Government Accountability Office (GAO), the agency agreed to amend the RFP to revise the terms at issue in the protest.

TRICARE-Related Advocacy

We achieved a significant legislative victory for a major retail corporation when Congress passed the FY 2017 National Defense Authorization Act with new authorities to expand patients’ access to retail pharmacies. Our objective was to overcome the exclusion of chain and local pharmacies from providing brand maintenance drugs under TRICARE at the same rates available for prescriptions filled at military treatment facilities or through mail-order pharmacies, which caused significant losses to chain and local pharmacy businesses and limited beneficiaries’ access to retail pharmacies. Our efforts led to the inclusion of a pilot program allowing pharmacies to provide brand maintenance drugs to TRICARE beneficiaries. The bill passed with overwhelming support in both the House (375-34) and the Senate (92-7).

Lindsay Goldberg's Transformation of PAE

Represented private equity firm Lindsay Goldberg and PAE as regulatory counsel in six different M&A transactions that have grown PAE to a defense contractor with annual revenue in excess of $2 billion. Our work began in 2011 with Lindsay Goldberg’s acquisition of PAE from Lockheed Martin, and continued through to PAE’s acquisitions of Defense Support Services, CSC’s Applied Technology Division, USIS’s Global Security and Solutions Business, and A-T Solutions and to Lindsay Goldberg’s 2016 sale of PAE to Platinum Equity. Our work in each of these deals has included government contracts, national security, trade controls, and anti-corruption due diligence and advice on transaction structuring, and regulatory approvals.

Veritas Capital’s Investment in SolAero Technologies Corp.

Represented private equity firm Veritas Capital as regulatory counsel during its acquisition of EMCORE’s Space Photovoltaics business, and represented the business, which is now known as SolAero Technologies Corp., during its subsequent acquisitions of Alliance Spacesystems and Vanguard Space Technologies. We handled government contracts, trade controls, anti-corruption, and other regulatory due diligence, and also assisted with contract novations.

Dismissal of Multidistrict Litigation Alleging Contractor Negligence Inside Overseas War Zones

Obtained complete dismissal of 63 lawsuits brought by 800-plus named plaintiffs against KBR, the largest military services contractor in Iraq and Afghanistan. These claims challenged KBR’s use of burn pits to dispose of waste during those wars. The district court adopted our arguments in their entirety and held the claims were barred by the political question doctrine and preempted based on the “combatant activities” exception to the Federal Tort Claims Act.

Advised client of risk mitigation techniques during contract formation

Counseled a major defense contractor on how to mitigate potential future tort risk during contract discussions with the U.S. government. The military wanted the contractor to provide support for a significant anti-terrorism initiative, and the contractor needed advice on how best to structure the contract to minimize its risk and maximize its protection in the event of third-party claims arising from its contract performance.

Support of derivative sovereign immunity defense through Supreme Court amicus brief

Filed a Supreme Court amicus brief on behalf of a government contractor trade association in support of a U.S. Navy contractor being sued for unwanted text messaging. The proposed class action raised significant questions regarding the application of derivative sovereign immunity to private contractors performing work on behalf of the federal government.

Dismissal of personal injury case involving military personnel

Persuaded a district court to dismiss a tort suit brought against a large logistical services contractor for injuries sustained by a soldier on a military base in Iraq. The district court and the court of appeals agreed that the case raised political questions because of the involvement of the military that were outside the scope of judicial review.

Dismissal of wartime wrongful death claims brought by contractor employees

Obtained dismissal of wrongful death claims against a military support contractor following an insurgent attack on a supply convoy in Iraq. After the district court refused to dismiss the case, we successfully brought an interlocutory appeal and persuaded the court of appeals that the Defense Base Act provided an exclusive remedy and barred the employee claims.

Dismissal of wrongful death case based on government contractor defense

Obtained dismissal of a wrongful death case brought against a major government contractor for alleged gamma radiation exposure from a cargo screening device it manufactured for national security/border protection purposes. Early in the case, and only after minimal discovery, we successfully asserted the government contractor defense and convinced the trial court that the government had meaningfully reviewed and approved the product’s design specifications, that the product conformed with those specifications, and that the contractor had no knowledge of any product risks or hazards unknown to the government.

Obtained SAFETY Act protection for anti-terror products and services

The SAFETY Act, administered by the U.S. Department of Homeland Security, provides liability protection to the makers and users of anti-terror technology in the event of a terror attack. We have successfully guided clients from virtually every major industry in the United States, including government contractors, airports, port authorities, chemical companies, large sports stadiums, and professional sports leagues, through the SAFETY Act application process and secured SAFETY Act protection for a wide range of technologies.

View More View Less

New Section 889 Restrictions Included in Updated Uniform Guidance Regulations from the Office of Management and Budget

On August 13, 2020, the Office of Management and Budget (OMB) released new revisions to its Guidance for Grants and Agreements set forth under 2 CFR (commonly referred to as the Uniform Guidance). The Uniform Guidance governs the terms of federal funding issued by agencies, including grants, cooperative agreements, federal loans, and non-cash assistance ...

Trump Administration Increases Uncertainty for Pharmaceutical Manufacturing

Last week, President Trump issued an executive order aimed at encouraging the expansion American manufacturing of essential medical products — Executive Order on Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States (August 6, 2020) (the “Order”). The Order sets forth an ambitious plan requiring extensive ...

Trump Administration Increases Uncertainty for Pharmaceutical Manufacturing

National Institute for Standards and Technology Releases Draft of NIST SP 800-172

The National Institute for Standards and Technology released the draft of NIST Special Publication 800-172 (“NIST SP 800-172”) on July 6, 2020. This draft special publication succeeds the prior draft NIST SP 800-171B that NIST published in June 2019, and operates as a supplement to the NIST SP 800-171 controls that federal contractors generally must...… ...

M&A and Section 889: Due Diligence and Integration Considerations

(This article was originally published in Law360 and has been modified for this blog.) Companies in a range of industries that contract with the U.S. Government—including aerospace, defense, healthcare, technology, and energy—are actively working to assess whether or not their information technology systems comply with significant new restrictions that will take ...

“Section 889” Prohibition on “Use” of Covered Telecommunications Equipment by Federal Contractors Released as an Interim Rule

On July 10, 2020, the interim rule implementing Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232) was released by the U.S. Government’s Federal Acquisition Regulatory Council. Section 889 prohibits the U.S. Government from buying (as of August 2019)—or contracting with an entity that uses...… ...

Defense Contractors Say Section 3610 and Other Contractor Support Measures Require Relief

It goes without saying that the COVID-19 pandemic has significantly affected the Department of Defense (“DoD”) and the defense industrial base. And while Congress has taken steps to mitigate these impacts, the sheer scale of the pandemic’s effects pose a continuing challenge to both DoD and its contractors. Now a group of major defense contractors...… Continue ...

U.S. Government Releases Awaited “Section 889” Rule on Prohibition on “Use” of Covered Telecommunications Equipment by Federal Contractors

On July 10, 2020, the U.S. Government's Federal Acquisition Regulatory Council (“FAR Council”) released a prepublication version of the interim rule governing Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. No. 115-232), and added some clarifications to definitions that impact Section 889(a)(1)(A), ...

Contractor Supply Chain Readiness – An Update on Expected Regulatory Changes

In recent years, both Congress and the Executive Branch have made it a key priority to mitigate risks across the industrial and innovation supply chains that provide hardware, software, and services to the U.S. government (“USG”). Five of these initiatives are likely to result in new regulations in 2020, each of which could have a...… Continue Reading The post ...

GSA Awards First Contracts to Develop an Online Shopping Platform, and the White House Seems to Be Paying Attention

On Friday, the General Services Administration (“GSA”) announced that it had awarded three contracts to develop online shopping portals for commercially-available off-the-shelf (“COTS”) items. The awardees are Amazon Business, Fisher Scientific, and Overstock.com. GSA’s awards were made to implement Section 846 of the NDAA for FY 2018, which required the agency ...

With Potential New TINA Audits on the Horizon, the ASBCA Provides a Helpful Primer on Defending Against Defective Pricing Claims

Late last year, a spokesman for the Department of Defense announced without fanfare that the agency would increase audits of certified cost or pricing data under the Truth in Negotiations Act (“TINA”). While the full effect of that enhanced focus on TINA compliance remains to be seen, a recent decision by the Armed Services Board...… Continue Reading The post ...

Targeting DoD’s Reliance on Russian Energy

At the end of last month, the Department of Defense (“DoD”) issued a class deviation to implement Section 2821 of the National Defense Authorization Act for Fiscal Year 2020 (“FY20 NDAA”), which seeks to reduce dependence on Russian energy by prohibiting the acquisition of energy sourced from inside Russia for DoD’s main operating bases in...… Continue Reading

Targeting DoD’s Reliance on Russian Energy

DoD Releases Draft Section 3610 Reimbursement Guidance

Last week, DoD released a draft of its much-anticipated guidance implementing Section 3610 of the CARES Act, which authorizes the government to reimburse qualifying contractors for the costs of providing certain paid leave to employees as a result of the COVID-19 pandemic. DoD previously published a collection of memoranda, Q&A documents, and a class ...

New CFIUS Report Offers a Glimpse of First Data Collected Post-FIRRMA; CFIUS Announces New Web Portal Coming Soon

The Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) released its Annual Report to Congress regarding foreign acquisitions of, and investments in, U.S. businesses reviewed by CFIUS in 2018. The Committee also released a table reflecting data on the total number of formal reviews (not declarations) in 2019.

FEMA Continues to Push Defense Production Act Authority On Several Fronts

Two notices recently published in the Federal Register indicate the Federal Emergency Management Agency (“FEMA”) intends to exercise Defense Production Act (“DPA”) authority in novel ways during the current coronavirus pandemic. On May 12th, FEMA announced that it plans to invoke DPA authority which permits the President to consult with representatives of ...

CISA Information and Communications Technology Supply Chain Risk Management Task Force Releases New Guidance on Security Resiliency

On May 5, 2020 the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency’s (“CISA”) Information and Communications Technology (“ICT”) Supply Chain Risk Management (“SCRM”) Task Force (the “Task Force”) released a six-step guide for organizations to start implementing organizational SCRM practices to improve their overall security ...

Emergency Contracting During COVID-19: A Guide to FAR Part 18

The government’s response to the coronavirus pandemic implicates a host of authorities of interest to contractors, from those under the Stafford Act to its recently invoked Defense Production Act powers. The government has another critical, and perhaps under-examined, set of tools at its disposal to meet the demands of the pandemic: FAR Part 18, “Emergency...… ...

National Security: President Trump Signs Executive Order on Securing the United States Bulk-Power System

On May 1, President Donald Trump signed an executive order on “Securing the United States Bulk-Power System” (the “Order”) that gives the Department of Energy new authorities to block or mitigate certain transactions involving bulk-power system electric equipment designed, developed, manufactured or supplied by a “foreign adversary” based on national security ...

CFIUS Filing Fees Go Into Effect May 1

The day we have all been expecting has finally come — CFIUS filing fees are going into effect on May 1, 2020. As discussed in our earlier alert, on March 4, 2020, the Department of the Treasury (“Treasury”) issued a proposed rule regarding CFIUS filing fees, which were authorized under the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). ...

BIS Tightens Export Controls to Counter Integration of Civil and Military Technology Development in China, Russia, and Venezuela

On April 28, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published two final rules and one proposed rule to modify certain license exceptions and definitions in the Export Administration Regulations (“EAR”) (15 CFR Parts 730 – 774), based on concern that sensitive products and technologies were being diverted to military uses ...

Other Transaction Authorities Given Greater Flexibility to Foster Innovation in Coronavirus Response

Defense Department leaders and agencies have been granted much-needed flexibility to respond to the coronavirus pandemic. Last week, Under Secretary of Defense for Acquisition & Sustainment Ellen Lord delegated approval authority for Other Transaction Agreements (“OTs”) related to the coronavirus response, consistent with Section 13006 of the CARES Act. In an ...

President Trump Signs Executive Order Formalizing “Team Telecom”

On Saturday, April 4, 2020, the White House released the long-awaited Executive Order (“EO”) formalizing the “Team Telecom” Process, titled the “Executive Order on Establishing the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector” (“the Committee”). This EO provides, for the first time, formal ...

COVID-19: Implications for CFIUS

The scope and scale of recent events is almost inconceivable. All of us —including the Committee on Foreign Investment in the United States (“CFIUS”) — are sailing in uncharted waters. That said, while we may not have all of the answers, we are able to share some insights from the CFIUS front lines regarding how the challenges presented by the COVID-19 pandemic ...

$2 trillion stimulus bill gives contractors some relief but falls short on added costs

Susan Cassidy spoke with Federal Computer Week about the concerns of defense contractors under the coronavirus relief package. According to Ms. Cassidy, equitable adjustments aren't necessarily a guarantee and require a mutual agreement between the contractor and government as well as quantifiable proof the costs have increased due to the changing environment ...

CARES Act: Defense/National Security Inputs

The Senate's version of the CARES Act and supplemental appropriations contain provisions important to the Department of Defense and companies who do business in the national security sector. The supplemental adds $10.5 billion to support defense needs, with a significant portion focused on the Defense Health Program. These appropriations include $415 million ...

The Defense Production Act and the Coronavirus Executive Order: Key Considerations

Following up on our post earlier this week giving a general overview of the Defense Production Act of 1950 (“DPA”), 50 U.S.C. §§4501 et seq., this post comments on President Trump’s March 18, 2020 Executive Order on Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (the “COVID-19 E.O.”) and...… Continue Reading The ...

A Coronavirus Contractor’s Guide to the Defense Production Act

As a followup to our recent post on the implications of the PREP Act for government contractors working to respond to the COVID-19 outbreak, this post will provide an overview of the Defense Production Act—including its key powers that the federal Government might invoke to counter the pandemic. Congress first enacted the Defense Production Act...… Continue ...

A Coronavirus Contractor’s Guide to the PREP Act

We’ve covered several topics already this week on the U.S. Government’s varied responses to the COVID-19 outbreak and how these responses will affect contractors that do business with the government, including BARDA’s EZ-BAA for COVID-19 diagnostics, mission-essential services during the outbreak, and how excusable delay provisions may help federal contractors ...

Expanding the Coronavirus Disease 2019 (COVID-19) Response through Diagnostic Development

In the latest World Health Organization daily situation report, as of March 11, 2020, the WHO reported 118,326 COVID-19 cases confirmed and 4,292 deaths worldwide, and the U.S. Centers for Disease Control and Prevention (CDC) reported 938 cases and 29 deaths in the United States. The same day, WHO characterized COVID-19 as the first global...… Continue ...

The Show Must Go On: Mission-Essential Services During the Coronavirus Outbreak

As the COVID-19 virus extends its global reach, defense contractors may be called upon to begin implementing their contracts’ mission-essential services plans. These plans, required by DFARS 252.237-7023, facilitate mission-essential functions in extended crisis situations, including pandemics, which are explicitly noted in the DFARS. As the coronavirus outbreak ...

President Trump Orders Divestiture of StayNTouch, Inc. by Shiji Group of China

As we reported this past Friday, on March 6, 2020, President Trump issued only the sixth Executive Order (the “Order”) in history formally prohibiting the acquisition of a U.S. business by a foreign person, pursuant to the authorities that allow the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) to review foreign mergers and ...

“Excuse Me, My Performance Has been Interrupted”– How Excusable Delay Provisions in the FAR May Help Federal Contractors Affected by the Coronavirus

The global spread of the COVID-19 virus may put many federal contractors at risk of missing contractual deadlines. In a growing number of cases, supply chains may become cut off, work spaces may be closed, or employees may need to stay home, all of which could impact a contractor’s ability to perform in a timely...… Continue Reading The post “Excuse Me, My ...

50 years of the Non-Proliferation Treaty

STATEMENT OF STEPHEN G. RADEMAKER Senior Of Counsel, Covington & Burling LLP “50 Years of the Non-Proliferation Treaty: Strengthening the NPT in the Face of Iranian and North Korean Nonproliferation Challenges” Subcommittee on the Middle East, North Africa, and International Terrorism Subcommittee on Asia, the Pacific, and Nonproliferation Committee on Foreign ...

COVID-19: Legal and Business Toolkit

Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs Recapture of Excess COVID-19 Payroll Tax Credits Addressed in New Regs As the legal, regulatory, and commercial implications of coronavirus COVID-19 continue to evolve, our lawyers and advisors are helping clients navigate the complex considerations that companies around the world are ...

A New Path to TAA Compliance: U.S.-Made End Products in Acetris

On Monday, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Acetris Health, LLC v. United States, No. 2018-2399 (Fed. Cir. Feb. 10, 2020) (“Acetris”), that would permit pharmaceutical manufacturers to source a drug’s active pharmaceutical ingredient (“API”) from India, China and other non “designated countries” and yet still offer the...… ...

A Closer Look at Version 1.0 of DoD’s Cybersecurity Maturity Model Certification

On January 31, the Department of Defense (“DoD”) released Version 1.0 of its Cybersecurity Maturity Model Certification (“CMMC”). This is the fourth iteration of the CMMC that DoD has publicly released since it issued the first draft in October, and it is intended to be the version that auditors will be trained against, and that...… Continue Reading The post A ...

U.S. Government Seeks Industry Solutions in Novel Coronavirus Response

As of February 10, 2020, the World Health Organization (WHO) reported that 40,554 cases of the Novel Coronavirus (2019-nCoV) have been confirmed globally, with twelve cases confirmed in the United States. The WHO has been issuing situation reports on a daily basis since January 21, and each report in February alone has identified more than...… Continue ...

Audit Process Remains A Mystery In DOD Cybersecurity Plan

Susan Cassidy is quoted in Law360 regarding the DoD’s implementation of cybersecurity requirements for defense contractors. Ms. Cassidy says that questions about the process, such as who will audit the thousands of contractors that need to be certified for cybersecurity compliance, how they will be audited and what options they will have if they disagree with an ...

Inbound US Real Estate Investments To Face New Oversight

Heather Finstuen is quoted in Law360 regarding CFIUS’s decision to extend its regulatory purview across a broad portion of U.S.-targeted real estate transactions. The new regulations go a step further by clearly defining sensitive locations and the proximity to those locations that could cause national security concerns, which will now be divided by The ...

The Supply Chain Security Constellation: Mapping Recent U.S. Government Actions

The new year has already brought significant news for companies that do business with the U.S. government, and for those that trade in materials and technology that represent priorities for national security stakeholders. Our colleagues in the firm’s CFIUS practice thoughtfully analyzed the regulations implementing the Foreign Investment Risk Review ...

Trump Administration Renews Focus on Anti-Human Trafficking Efforts

The Trump Administration has declared this month National Slavery and Human Trafficking Prevention Month, calling on industry associations, law enforcement, private businesses, and others to work toward ending modern slavery and human trafficking. This proclamation follows the Administration’s efforts to combat human trafficking, which we have previously ...

The New CFIUS: Final Regulations Implementing Expanded Authorities Issued

The institutional transformation of the Committee on Foreign Investment in the United States (“CFIUS” or “the Committee”) that commenced more than two years ago with the introduction in Congress of the Foreign Investment Risk Review Modernization Act (FIRRMA) now is largely complete with the issuance of the highly anticipated final regulations implementing ...

4 Gov't Contracting Policy Developments To Watch In 2020

Fred Levy spoke with Law360 about the 2021 National Defense Authorization Act. Mr. Levy says the upcoming NDAA could also include more provisions that would expand the government’s right to obtain pricing information on commercial items, given recent congressional attention to alleged “price-gouging,” even as that definition has been applied somewhat ...

Top 7 Gov't Contracting Policy Changes In 2019

Fred Levy is quoted in Law360 regarding the formation of the Procurement Collusion Strike Force, a cooperative effort among the U.S. DOJ’s Antitrust Division, in an article highlighting the top government contracts policy changes in 2019. The strike force is indicative of a broader trend in government contracts over roughly the last year: the “criminalization of ...

Top 5 Gov't Contracts Cases Of 2019

Fred Levy spoke with Law360 about an FCA case involving a rocket and missile propulsion company misleading the U.S. DoD about its failure to safeguard "unclassified controlled technical information" from cybersecurity threats, in an article highlighting the top government contracts cases of 2019. Mr. Levy says the growing attention federal agencies are giving to ...

DOJ Revises Policy on Voluntary Self-Disclosures of Criminal Export Controls and Sanctions Violations by Businesses

On Friday, December 13, Principal Deputy Attorney General David Burns of the Justice Department’s (“DOJ’s” or “the Department’s”) National Security Division (“NSD”), announced a new DOJ policy for business organizations that voluntarily disclose potential criminal violations of the U.S. export controls and sanctions laws to NSD’s Counterintelligence and Export ...

Military Families Say Base Housing Is Plagued by Mold and Neglect

Ben Block is quoted in the New York Times regarding the firm’s representation of military families in their suit against Corvias, a company managing the privatized housing at the Fort Meade military base since 2002. Mr. Block says, “What they really want is to ensure that what they went through doesn’t happen to the next family, and the family after that. These ...

National Security Update - Commerce Department Releases Proposed Rule Implementing the Information and Communications Technology Supply Chain Executive Order

The Department of Commerce (“the Department”) has issued a proposed rule implementing the May 15, 2019 Executive Order entitled “Securing the Information and Communications Technology and Services Supply Chain,” which we previously analyzed here. Once finalized and effective, the regulations will govern the process and procedures that the Secretary of Commerce ...

The Death of Abu Bakr al-Baghdadi: One Week Later

One week ago, American special operations forces killed the leader of the Islamic State, Abu Bakr al-Baghdadi, in northwestern Syria. The next morning, President Trump described the operation in vivid detail and the story was later amplified with accounts from the Secretary of Defense and the National Security Advisor. While the Islamic State was a...… Continue ...

A New Normal for Foreign Military Sales? Total Sales for FY 2019 Nearly Matches FY 2018

On October 15, 2019, the Defense Security Cooperation Agency (DSCA) announced that foreign arm sales for Fiscal Year (FY) 2019 totaled $55.4 billion. This amount nearly matches the total from FY 2018 of $55.7 billion, continuing the significant increase in foreign arm sales under the Trump Administration and potentially signaling that the enormous 33 percent...… ...

United States and European Union Impose Additional Sanctions in Response to Actions by Turkish Government

Introduction On October 14, 2019, President Trump issued an Executive Order Blocking Property and Suspending Entry of Certain Persons Contributing to the Situation in Syria. This Order provides authority for the imposition of sanctions (including secondary sanctions) on certain entities and individuals in response to Turkey’s military operations in Syria, which ...

Lowest Priced Technically Acceptable Procurements Not Always Acceptable: New DFARS Rule Continues Shake-Up of LPTA Procurements

On September 26, 2019, the Department of Defense issued a final rule amending the Defense Federal Acquisition Regulation Supplement to establish new restrictions on the use of Lowest Price Technically Acceptable source selection procedures. Effective October 1, 2019, this new rule imposes specific limitations and prohibitions governing when and under what ...

White House Seeks Input from Biotech Stakeholders on Bioeconomy

Last week, the White House Office of Science and Technology Policy (“OSTP”) issued a request for information (“RFI”) to learn how the Government can more effectively “support scientific discovery, the development of technological advances, and increase the impact of a vibrant bioeconomy on the Nation’s vitality and our citizens’ lives.” 84 Fed. Reg. 47561 ...

Covington Secures Key Victory for KBR in Iraq War Contract Dispute

WASHINGTON—Covington recently secured a significant victory on behalf of Kellogg Brown & Root Services Inc. (KBR) in a long-running contract dispute with the U.S. Army arising from the Iraq War. The U.S. Court of Appeals for the Federal Circuit unanimously affirmed a 2017 ruling by the Armed Services Board of Contract Appeals (ASBCA) that held the United States ...

PAHPAI Reauthorizes Key Biodefense Initiatives and Provides Opportunities for Industry Partners

Late last month, the Pandemic and All-Hazards Preparedness and Advancing Innovation Act of 2019 (PAHPAI) was signed into law.[1] The Act is a much anticipated reauthorization of the Pandemic and All-Hazards Preparedness Act, originally passed in 2006.[2] The legislation is a key development in strengthening the country’s ability to respond to bio-threats, ...

Covington Represents Peraton in Solers Acquisition

WASHINGTON—Covington is representing Peraton in its recently announced deal to acquire Solers, Inc., a leading provider of software development and systems integration for space situational awareness, satellite ground systems and operations, cybersecurity engineering, and enterprise cloud-based solutions. Covington is handling government contracts, national ...

Proposed Rule Offers Foreign Military Sales as a Potential Pathway to Commerciality

Earlier this month, the FAR Council issued a proposed rule to expand the definition of “commercial item” under the Federal Acquisition Regulation (FAR) to include certain items sold in substantial quantities to foreign governments. This new rule implements section 847 of the National Defense Authorization Act (NDAA) for FY 2018 (Pub. L. 115-91), and has the...… ...

Thornberry unveils potential punishments for DoD's slow implementation of acquisition reforms

Scott Freling is quoted in Federal News Network regarding the House Armed Services Committee’s proposal to speed up the Department of Defense’s implementation of changes. Mr. Freling says, “The process for updating and refining the acquisition regulation to keep pace with Congress has slowed to a glacial pace. That causes quite a bit of consternation for ...

National Security Update: President Trump Signs Executive Order on Information and Communications Technology Supply Chain; Commerce Department Adds Huawei to Entity List

We are writing to provide an update on two important developments in U.S. national security-based regulation of trade: (1) a new, potentially expansive Executive Order on information and communications technology supply into the U.S. market, and (2) the Department of Commerce’s action to add Huawei to the Entity List.

Thornberry Considering Punishing DoD for Moving Too Slowly on New Laws

Scott Freling spoke with the Federal News Network regarding the DoD’s hesitation towards implementing acquisition reforms and possible cuts to some defense agencies. Mr. Freling says, “The process for updating and refining the acquisition regulation to keep pace with Congress has slowed to a glacial pace. That causes quite a bit of consternation for contractors ...

Covington Represents Elbit in $350M Acquisition of Night Vision Business

WASHINGTON—Covington advised Elbit Systems of America, LLC, a subsidiary of Elbit Systems Ltd., in its definitive agreement with Harris Corporation for the acquisition of Harris' Night Vision business for a purchase price of $350 million. The closing of the transaction is subject to receipt of regulatory approvals. Elbit Systems Ltd. is an international high ...

DoD tightens enforcement of cyber regulations on contractors to protect data

Susan Cassidy is quoted in Federal News Network regarding the Department of Defense’s tightening of cybersecurity enforcement regulations on contractors. Ms. Cassidy says, “DoD wants to get everyone to a certain cybersecurity level. Now they are tightening up and they are going to make it a performance and award differentiator.” She said before an award, ...

Top Senate Armed Services Committee Counsel Joins Covington

WASHINGTON—Samantha Clark has joined Covington in its Public Policy, CFIUS, and Government Contracts practices in Washington. Ms. Clark’s arrival follows the recent additions of former U.S. Senator Jon Kyl and Broderick Johnson to the firm’s Public Policy practice. Ms. Clark provides advisory and advocacy support to clients facing policy, political, and ...

Commerce Requests Comment on Criteria for Identifying Emerging Technologies that Are Essential to U.S. National Security

On November 19, 2018, the U.S. Commerce Department’s Bureau of Industry and Security (“BIS”) released an Advance Notice of Proposed Rulemaking (“ANPRM”) requesting public comment on the criteria to identify emerging technologies essential to U.S. national security. The comments will inform the interagency process that was authorized under the Export Control ...

Implications of the 2018 Midterm Elections for U.S. National Defense Policy and Spending

The aerospace and defense industry, including those in the defense trade press, have since late evening of November 6, 2018 been wrestling with the implications of the midterm elections for U.S. defense policy and spending over the next two years. Quite frankly, it is too early to say with certainty. As Leo Rosten, the famous...… Continue Reading

Covington Secures First SAFETY ACT Protections for Public Utility

WASHINGTON—Covington represented Public Service Enterprise Group and its subsidiary Public Service Electric & Gas in securing liability protection under the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 from the U.S. Department of Homeland Security. PSE&G is the first public utility in the United States to be awarded SAFETY Act ...

CFIUS Update: FIRRMA Enacted into Law

Earlier today, President Donald Trump signed into law the Foreign Investment Risk Review Modernization Act (FIRRMA) as part of the John S. McCain National Defense Authorization Act. As we have previously reported, FIRRMA will transform the jurisdiction, authority, and operation of the Committee on Foreign Investment in the United States (CFIUS). Our previous ...

Senate Largely Leaves Bid Protests Alone in Passed Version of FY 2019 NDAA After Threatening Major Revisions

For the first time in several years, the version of the FY 2019 National Defense Authorization Act (NDAA) that just passed the Senate does not contain any major reforms to limit bid protests. But the bill the Senate sent to the conference committee process does contain two provisions aimed at bid protests. Although they are...… Continue Reading The post Senate ...

DoD Seeks Streamlined Procurements of Innovative Technologies – Other Transaction Agreements and the Commercial Solutions Opening Pilot Program

The Department of Defense (DoD) has once again emphasized its willingness to engage with commercial companies and other non-traditional contractors to try to expedite and simplify its procurement of innovative technologies. In particular, the Defense Information Systems Agency (DISA) indicated that it plans to enter directly into Other Transaction Authority ...

Senate Armed Services Committee Proposes Expansive but Unclear Software Review Provisions

As the Senate approaches the end of its debate on the National Defense Authorization Act for Fiscal Year 2019, provisions of the bill regarding access to and review of information technology code deserve close attention. These sections, if enacted, would significantly impact Department of Defense contractors and also would affect matters associated with ...

Congress Aims to Redefine the “Subcontract”

[Updated August 13, 2018] If an agreement qualifies as a “subcontract” under a government contract, then it may be subject to certain flow-down, compliance, and reporting requirements. These requirements are intended to protect the government’s interests, and have significant ramifications for contractors, e.g., increasing transaction costs, expanding potential ...

U.S. drone-strike policy threatens to backfire as other nations acquire technology

Peter Lichtenbaum is quoted in a Washington Times article regarding U.S. policy on drone strikes. “We can set whatever rules we want, but we need to understand that we are setting a precedent, and other countries are watching very closely what we do,” says Lichtenbaum. “If we assert a certain prerogative, that will make it difficult for us to argue against other ...

Trump’s fluid approach to national and economic security is leaving his allies baffled

John Veroneau is quoted by The Washington Post in an article regarding potential tariffs on foreign cars. “While U.S. trading partners have been fairly measured in responding to the steel and aluminum tariffs, they will have no choice but to exhaust every option in opposing tariffs on autos,” says Veroneau. “Also, unlike steel and aluminum tariffs which hit U.S. ...

Covington Advises Elbit Systems in $120 Million Acquisition

WASHINGTON—Covington advised Elbit Systems Ltd. in its $120 million acquisition of the assets and operations of the privately owned U.S. company, Universal Avionics Systems. Elbit Systems is an international high technology company engaged in a wide range of defense, homeland security, and commercial programs throughout the world. Universal Avionics is a ...

President Trump Considering Global Tariffs and Quotas on Steel and Aluminum Products

On February 16, 2018, Secretary of Commerce Wilbur Ross announced the Department of Commerce’s recommendations in the ongoing national security investigations of steel and aluminum. These investigations were initiated in April 2017, pursuant to Section 232 of the Trade Expansion Act of 1962.

Wade Ackerman and Aaron Lewis Named Among LA's Most Influential Diverse Lawyers

LOS ANGELES—The Los Angeles Business Journal recognized Wade Ackerman and Aaron Lewis in its second annual list of the most influential diverse lawyers in Los Angeles. The list recognizes 50 "stellar diverse lawyers in the LA region." In Mr. Ackerman’s profile, the Business Journal emphasized his work in the FDA regulatory space. The profile noted that “with a ...

Leading CFIUS Risk Analyst Joins Covington

WASHINGTON—Brian Williams has joined Covington as a Senior Advisor in the firm’s Cross-Border Investment and National Security practice. Mr. Williams draws on over 20 years of public and private sector experience advising on issues at the intersection of national security, technology, and law. A non-lawyer, he led multi-agency analyst teams that authored the ...

Four Covington Partners Named Law360 MVPs

WASHINGTON—Law360 has named four Covington partners as MVPs in their respective practice areas. The awards single out lawyers from across numerous practice areas based on their success in high-stakes litigation, complex global matters, and record-breaking deals. The Covington lawyers recognized as Law360 MVPs are: Ray Biagini, Government Contracts. Mr. ...

Covington Advises CenturyLink in $34 Billion Acquisition of Level 3 Communications

WASHINGTON—Covington represented CenturyLink in its acquisition of Level 3 Communications in a cash and stock transaction valued at approximately $34 billion. The acquisition closed today. The firm assisted Century Link in obtaining regulatory approvals by the Federal Communications Commission and state public utilities regulators, and in national security ...

The Morning Risk Report: U.S., Saudis Announce Counter-Terrorism Financing Center

James Garland is quoted in The Wall Street Journal's "Morning Risk Report" regarding the announcement of the Terrorist Financing Targeting Center which will be co-chaired by the U.S. and Saudi Arabia. It's "hard to know whether this will amount to much," says Garland, noting no funds from existing programs will be diverted to support the center. He adds, ...

D.C. Circuit Strikes Down FAA Registration Rule for Recreational Drones

On May 19, 2017, the U.S. Court of Appeals for the D.C. Circuit invalidated a Federal Aviation Administration regulation that required the owners of recreational drones—unmanned aircraft system (“UAS”)—to register with the agency. The court held that the regulation violated the same law that the FAA had used, in part, to justify the requirement. The...… ...

Administration Submits Notice of NAFTA Renegotiation

On May 18, 2017, newly confirmed U.S. Trade Representative Robert Lighthizer formally notified Congress that President Trump intends to renegotiate the North American Free Trade Agreement (NAFTA). The Trump Administration has indicated that it will request public input on the “direction, focus, and content” of these negotiations, and will publish notice in the ...

F-16 Fallout Clouds Future Foreign Deals, May Alter National Security

Peter Lichtenbaum and Fred Levy are quoted in a Federal Contracts Report article regarding the dispute, which is on appeal in the Fourth Circuit, between South Korea and BAE following the failure to finalize a deal to upgrade the F-16 jet. According to Lichtenbaum, the contracting community would expect the Fourth Circuit not to enforce the BAE-South Korea ...

Defense Contractors Should Have Shutdown Plan, Attorneys Say

Scott Freling is quoted in a Bloomberg BNA article discussing why defense contractors should prepare for a possible government shutdown. According to Freling, a certain amount of complacency, especially in the Washington area, has crept into companies regarding brinksmanship surrounding federal funding deadlines. “My sense is that contractors are refreshing ...

Trump Moves on Steel Under Section 232

On April 20, 2017, President Trump issued a memorandum announcing that the Secretary of Commerce had initiated an investigation to determine the effects of imported steel on national security. The investigation was initiated under Section 232 of the Trade Expansion Act of 1962, as amended. While it remains to be seen what actions the Administration might ...

4 Takeaways From The 'Buy American' Executive Order

President Donald Trump took a significant step this week toward implementing his often touted objective of protecting U.S. manufacturers and workers by signing the “Presidential Executive Order on Buy American and Hire American” on April 18, 2017. In addition to addressing reforms to the H1-B visa program to protect U.S. workers, the EO sets forth a policy and ...

Federal Contractors Bear Brunt Of 'Buy American' Crackdown

Fred Levy is quoted in a Law360 article regarding the effect of President Trump’s “Buy American, Hire American” Executive Order on federal contractors. Commenting on supply-chain adjustments made to items from overseas, Levy says, “If they change the Buy American Act to flow those requirements all the way back down again so it’s not just components, but any ...

Covington & Burling Adds Ex-Tyco Counsel In M&A Practice

Thomas Repke is quoted in a Law360 article regarding his arrival to the firm’s Mergers and Acquisitions practice. “This is an opportunity to share best practices, put the best teams together, which the firm is really conducive to,” Repke says. “Providing excellence in client service and that’s really the goal. Having been in-house for the past seven years, ...

China Seeks Public Comments on Draft Regulation of Cross-Border Data Transfer

On April 11, 2017, the Cyberspace Administration of China (“CAC”) released a draft of the Measures on Security Assessment of Cross-border Data Transfer of Personal Information and Important Data (“the Draft Measures”) for public comment (official Chinese version available here; Covington’s translation of the Draft Measures is appended at the end of this alert).

Covington Adds Senior M&A Partner

WASHINGTON—Thomas Repke, who has extensive M&A private practice and in-house experience, has joined Covington as a partner in its Mergers and Acquisitions practice in Washington. Most recently, Mr. Repke served as lead counsel for Tyco on all M&A, divestiture, joint venture, and investment transactions across all business units. While at Tyco, he helped ...

Wall to Mexico: Beautiful She Is, and Insurmountable

Jennifer Plitsch is quoted in a Die Zeit article regarding the Department of Homeland Security’s request for U.S.-Mexico border-wall prototypes. Commenting on the short time frame interested companies have to create a concept, Plitsch says, “The schedule is breathtakingly close.”

Covington Advises Intersil on $3.2 Billion Sale to Japan's Renesas

WASHINGTON—Covington represented semiconductor manufacturer Intersil Corporation in its $3.2 billion sale to Japan’s Renesas Electronics Corporation. The firm advised Intersil on aspects of the transaction involving Committee on Foreign Investment in the United States (CFIUS), Foreign Ownership, Control, or Influence (FOCI), trade controls, and government ...

Covington Adds Ex-Deputy Assistant AG To Appellate Group

Beth Brinkmann is quoted in a Law360 article regarding her recent arrival to Covington’s Appellate and Supreme Court Practice Group. According to Brinkmann, “The teamwork and collaboration at Covington is incredible and the strength of its appellate practice attracted me to the firm.”

January sees US law firms seek lateral talent

Beth Brinkmann and Robert Long are quoted in a Commercial Dispute Resolution article regarding Brinkmann’s arrival to Covington’s Appellate and Supreme Court Practice Group. Citing “Covington’s long history litigating important cases in the Supreme Court,” Brinkmann says she looks forward to the opportunity to help expand the appellate practice. According to ...

Deputy Assistant Attorney General Joins Covington

WASHINGTON—Beth Brinkmann has joined Covington as a partner in the firm’s Appellate and Supreme Court Practice Group in Washington. Ms. Brinkmann served as Deputy Assistant Attorney General in the Civil Division of the U.S. Department of Justice from 2009 to 2016. She has argued 24 cases before the Supreme Court of the United States. Ms. Brinkmann is an ...

Trump's Contracting By Twitter Likely To Backfire

Alan Pemberton is quoted in a Law360 article regarding President Trump’s use of Twitter to involve himself in the federal contracting process. According to Pemberton, "I'm not aware of a president doing quite what President Trump has done." He adds, "It's important to remember that the president certainly has considerable power in the bully pulpit, but ...

Lockheed Martin Facing Twin Pressures on F-35 Price

Sandy Hoe is quoted by The Wall Street Journal in an article regarding Donald Trump’s focus on the defense sector and his ability to negotiate military deals. According to Hoe, "The president doesn't have the authority just by fiat to negotiate a contract or the terms of a contract."

Trump Policies Could Drive Away Foreign Military Sales — Or Not, Experts Say

Peter Lichtenbaum was a panelist at the National Defense Industrial Association event “Reforming the Security Cooperation Enterprise” and is quoted in a National Defense article regarding the effect the Trump administration may have on foreign military sales. According to Lichtenbaum, it will take some determined efforts to educate the next administration on how ...

Six Covington Lawyers Named Law360 MVPs

WASHINGTON—Law360 has named six Covington lawyers as MVPs in their respective practice areas. The awards single out lawyers from across various practice areas based on their “success in high-stakes litigation, complex global matters, and record-breaking deals.” The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...

Gov’t Contracts Policy Developments Of 2016: Year-In-Review

Jay Carey is quoted in a Law360 article providing a review of significant government contracts policy developments in 2016. Commenting on the 2017 National Defense Authorization Act, Carey says, “I think the provision that puts a thumb on the scale against using LPTA [the lowest price technically acceptable model] is important, and in the long run beneficial not ...

Gov't Contracts MVP: Covington & Burling's Jay Carey

Law360 selected Jay Carey as a 2016 Government Contracts MVP and profiled his involvement in a number of major bid protests by federal contractors in a variety of industries, such as UnitedHealth’s challenge to $58 billion Tricare contracts. According to Carey, “One of the things I really enjoy about it is that every protest is a challenge in terms of learning ...

U.S. Needs to Bolster Nuclear Arsenal and Missile Defense, Experts Say

Senator Jon Kyl participated in a panel at the Reagan National Security Forum and is quoted in a National Defense article regarding U.S. nuclear arsenal and missile defense. According to Kyl, the bill to upgrade the nuclear enterprise will be “massive.” “We’ve allowed it to atrophy and we’ve allowed a lot of obligations to pile up that should have been taken ...

Former Chief of Staff to the Deputy Secretary of Defense Joins Covington

WASHINGTON—Zachary Mears has joined Covington as a Senior Advisor in the Aerospace, Defense, and National Security industry group and the Public Policy and Government Affairs practice. Dr. Mears previously served as the Chief of Staff to the Deputy Secretary of Defense and Deputy Chief of Staff to the Secretary of Defense. He advised the Secretary and Deputy ...

DOD Updates Cyber Reporting Rule for Contractors

Susan Cassidy is quoted in a Federal Contracts Report article regarding the Defense Department’s updated cyber incident reporting rule. According to Cassidy, the rule succeeded in clarifying some industry concerns, but did not address them all. “They didn't take an opportunity to clarify everything you might have hoped they would.” For example, when asked ...

Covington Named China Law & Practice “Regulatory & Compliance Firm of the Year”

SHANGHAI—China Law & Practice has named Covington as “Regulatory & Compliance Firm of the Year” at its annual award ceremony. The leading Chinese legal publication also recognized Shanghai partner Eric Carlson as “Regulatory & Compliance Lawyer of the Year” and the firm for its role in the “Outbound Deal of the Year,” China National Tire & Rubber’s $7.8 billion ...

Aaron Lewis Among LA’s “Most Influential Minority Lawyers”

LOS ANGELES—The Los Angeles Business Journal has recognized Aaron Lewis as one of the “Most Influential Minority Lawyers” in Los Angeles. The inaugural list names 40 “stellar minority lawyers in the LA region,” highlighting recent success in their respective areas of practice. The Los Angeles Business Journal highlighted Mr. Lewis’s recent significant ...

FAA Drone Rules Take Effect; Commercial Use of Drones Permitted with Certain Conditions

Welcome to the Drone Age. The Federal Aviation Administration’s (“FAA”) long-awaited rule on the commercial use of small unmanned aircraft systems (“UAS” or “drones”) took effect Monday, August 29, 2016, providing a comprehensive and generally applicable set of rules for anyone wishing to operate a small drone for commercial purposes. This does not mean you...… ...

After pushback last year, Pentagon tries again with commercial items rule

Susan Cassidy is quoted in an Inside Defense article regarding the DOD’s proposed rule change to implement sections of the National Defense Authorization Acts for Fiscal Years 2013 and 2016 relating to commercial item acquisitions. According to Cassidy, "They were going to take out the 'of a type' commercial item, and that's been a big deal with DOD for a long ...

The Morning Risk Report: Australia Sees Cybercrime, Money Laundering Link

Michael Chertoff is quoted in a Wall Street Journal article regarding the launch of Australia’s specialized cyber unit in response to increased money laundering efforts by hackers and other terrorists. According to Chertoff, the move by Australia reflects the reality that financial transactions are increasingly taking place outside the traditional financial ...

Data-centric Security: Risks and Emerging Threats in Government

Michael Chertoff appeared on Federal News Radio for a panel discussion on the current cybersecurity environment and the evolution of data-centric security. “What’s different now is because of modern data analytics, the ability to take huge volumes of data at enormous scale and then to be able to analyze and make use of that data is something that’s brand new.”

Brexit Task Force

Since the beginning of the Brexit process more than three years ago, Covington’s Brexit Task Force–comprised of over 40 lawyers and former senior diplomats and policymakers, in London, Brussels, Frankfurt, Dublin, and Washington–has been advising clients in a wide range of industries on the challenges and opportunities created by this historic event. While a ...

UK Votes to Leave the EU

The UK has voted to leave the European Union in an advisory referendum. 52% leave - 48% remain. Were the UK to leave the EU, this would have significant implications for the UK and for international businesses operating in the UK. The longer term impact of the decision on the regulatory framework for the UK will depend, in part, on the relationship that the UK ...

Federal Aviation Administration Finalizes Small Unmanned Aircraft Rule

On Tuesday, June 21, 2016, the Federal Aviation Administration (“FAA”) finalized its long-awaited rule on the commercial use of small unmanned aircraft systems (“UAS” or “drones”). The rule is significant because it provides a comprehensive and generally applicable set of rules for anyone wishing to operate a small drone for commercial purposes. Before the ...

Proposed Legislation Targets Perceived Injustices in Defense Contract Protests

Hunter Bennett is quoted in a National Defense article regarding proposed legislation that would penalize contractors who challenge the government with frivolous protests to hold a job until the protest is settled. Bennett, wondering if these provisions “simply go too far,” write, “Clearly aimed at curbing the practice of incumbent contractors filing meritless ...

Protest reform ideas abound, but much of industry says, 'No, thanks'

Jay Carey is quoted in an Inside Defense article regarding the defense industry’s reaction to protest reform ideas being proposed by Capitol Hill and the Pentagon. According to Carey, the defense industry has a more “balanced view of protests.” “They're coming at it not only as a company that sometimes files protests, but as a company that wins awards and has ...

Senate defense policy bill would block GAO protests for task orders

Jay Carey is quoted in an Inside Defense article regarding the defense policy bill approved by the Senate Armed Services Committee which would block GAO protests for task orders. According to Carey, if the bill is passed, it would mean that there is "no effective oversight of task order awards -- which are now a huge part of the procurement process." He ...

Senate Defense Bid Protest Provision Concerns Contractors

Jay Carey is quoted in a Federal Contracts Report article regarding contractor concerns sparked by the Senate version of the National Defense Authorization Act (NDAA), which includes a “loser-pays” provision in bid protests. “I think contractors should be quite concerned” with the Senate version of the NDAA as it now stands, says Carey. “Protests are a critical ...

Thornberry predicts NDAA debate on contractor protest process

Jay Carey is quoted in this Inside Defense article discussing House Armed Services Committee Chairman Mac Thornberry’s expectation that lawmakers will debate proposals to reform the way defense contractors protest losing bids. Carey, disagreeing with Thornberry’s view, says it is inaccurate to characterize contractor protests as being out of control. “Some folks ...

Industry Mergers: DoD in Uphill Fight Against Market Forces

Scott Freling is quoted in this National Defense article exploring the DOJ and FTC joint statement on preserving competition in the defense industry. According to Freling, the interagency truce should “provide some comfort” to defense contractors that mergers and acquisitions can go forward, albeit “under the right circumstances.” Brown adds, the statement ...

DC judge overstepped in rejecting Fokker DPA, appeal court says

Steven Fagell is quoted in this GIR article regarding a recent Court of Appeals decision that a lower court overstepped its authority by rejecting a DOJ settlement with Dutch aerospace company Fokker. According to Fagell, “The ruling will likely clip the wings of any US district judge looking to second-guess the Justice Department's charging decisions in ...

Mark Plotkin and David Fagan Named “Dealmakers of the Year” by The American Lawyer

WASHINGTON, DC - The American Lawyer has named Covington partners Mark Plotkin and David Fagan as “Dealmakers of the Year.” The annual feature showcases “the lawyers behind the most significant work” in dealmaking. In its profile of Mr. Plotkin and Mr. Fagan in the magazine’s April 2016 issue, The American Lawyer praises the pair’s strategy that steered ...

Leading Government Contracts Lawyer Joins Covington

WASHINGTON, DC - Peter Hutt II has joined Covington as a partner in the Government Contracts practice. “Further enhancing Covington’s standing within the defense community as a leader in the False Claims Act and government cost accounting standards fields remains a key priority for the firm,” said Jennifer Plitsch, co-chair of the firm’s Government Contracts ...

Strict DoD Sourcing Requirements for PV Devices

As part of an ongoing Department of Defense (“DoD”) effort to increase its energy efficiency, late last month the U.S. Army committed to develop its largest renewable energy project to date — a 65MW wind and solar project at Fort Hood. This ambitious project will need to comply with the latest DoD rules regarding sourcing...… Continue Reading

Looking Forward After the FAA’s Drone Registration Regulation

On December 14, 2015, the Federal Aviation Administration issued a significant regulation that requires all owners of small unmanned aircraft systems – between 0.55 and 55 pounds – to register with the agency. News outlets have good summaries of the rules, so we only recap them here. An individual who owns a drone before December...… Continue Reading

Congress considers aviation safety in new world of drones

FAA Deputy Administrator Michael Whitaker told House members last week that the agency is expecting to finalize its rule on small drone operations by June 17, 2016. While this timeline is earlier than many expected, the FAA failed to meet the September 30, 2015 deadline initially set by Congress in a 2012 law. Still, the...… Continue Reading

Defense Leaders to Discuss Next Steps in Private Sector Outreach

Peter Lichtenbaum is quoted in this National Defense Magazine blog post discussing the push by the Pentagon to attract innovative technology firms and to create new business relationships with the commercial tech sector. Although conversations between government officials and tech leaders are occurring, there are some doubts about the future success of these ...

Pentagon acquisition reform can save lives, experts say

Co-chair of both the International Trade and Finance practice and Aerospace and Defense Industry Group Peter Lichtenbaum discusses the Pentagon’s defense acquisition reform to ensure more efficient transfer of technology to the armed services. Lichtenbaum stresses the importance by saying that in the past decade of war, American lives were needlessly lost ...

DoD Moves Forward with Stricter Sourcing Requirements for PV Devices

Earlier this week, the Department of Defense (“DoD”) issued a proposed rule to revise (and make stricter) the unique sourcing requirements applicable to certain photovoltaic devices that are used in the performance of DoD contracts. Specifically, unless an exception under the Trade Agreements Act applies or a contractor secures a waiver based on public ...

DLA Energy Plans to Make Utility Privatizations More Effective and Streamlined

Last week the Defense Logistics Agency (DLA) Energy issued a statement on DLA’s website about its plan to “increase the productivity, efficiency and effectiveness of [the] Air Force’s utility services contracts” – a plan that dovetails with the Department of Defense’s (DOD) Better Buying Power 3.0 initiative (BBP 3.0). This should be good news for utility...… ...

Crash Leaves Lufthansa Wide Open to U.S. Litigation

Covington's Dan Suleiman, who was Asiana Airlines Inc.’s lead litigator in the National Transportation Safety Board’s investigation of the July 2013 crash at San Francisco International Airport, is quoted: "The facts, once they’re clear, could support wrongful death or negligence claims but a settlement is the most likely outcome, said Daniel Suleiman, ...

The FAA is completely confused about what constitutes “commercial” drone use

Covington's Brian Smith is quoted regarding commercial drone use: The broad definition of “commercial” in the context of drone flying likely has a lot to do with the confusion as well. “The FAA has traditionally adopted a very broad view of activities that constitute commercial operations,” says lawyer Brian D. Smith of Covington & Burling LLP. “In short, ...

Revenue from Drone Videos Could Convert Hobbyists into Commercial Operators, FAA Says

Last July, we raised the question of whether advertising revenue from hobbyists’ drone videos posted on YouTube could constitute commercial operations of a drone. At the time, we noted that some hobbyists’ videos were preceded by advertisements, indicating that the videos were likely part of YouTube’s Partner Program, where a portion of the advertising ...

NTIA Seeks Comment on Drone Privacy; Markey and Welch Introduce Drone Privacy Bill

The National Telecommunications and Information Administration today requested public comment on privacy issues related to the use of drones, or unmanned aircraft systems (“UAS”). The request came a day after two members of Congress introduced a bill that would impose significant privacy restrictions on drone operators. The NTIA request is a result of a ...

FAA’s Proposed Drone Rules

This past weekend the Federal Aviation Administration (FAA) took the first steps to allow the routine use of certain small unmanned aircraft systems (UAS) for commercial purposes in U.S. airspace. In taking this highly anticipated action, the FAA released a proposed rule, an overview of the proposed rule, a fact sheet and a press release. ...… Continue Reading

White House Releases Drone Privacy Memorandum

On Sunday, the White House released a memorandum that outlines privacy protections that federal agencies must take when they use drones, and directs the National Telecommunications and Information Administration to work with the private sector to establish voluntary privacy practices for commercial drone use. The White House issued the memorandum on the same day ...

FAA Grants CNN Permission to Test Drones in News Gathering

The Federal Aviation Administration will allow CNN to test the use of drones in news gathering under a research agreement that will study how drones can be used safely and effectively by news organizations. While the FAA has granted limited exemptions for commercial drone use in controlled settings, such as film sets, the agency has...… Continue Reading

DLA Energy Issues Solicitation for New, Large-Scale Renewable Energy Generation Project

On October 17, 2014, the Defense Logistics Agency (DLA) Energy issued a solicitation for proposals to construct and operate a large-scale renewable energy project at Fort Hood in Texas, the U.S. military’s largest active duty armored post. The Fort Hood project is part of the efforts of the Army Office of Energy Initiatives (OEI), which...… Continue Reading

New Version of USA Freedom Act Introduced

Senate Judiciary Chairman Patrick J. Leahy introduced a new version of the Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014 (the “USA FREEDOM Act” or “Act”) in the Senate on Tuesday, more than two months House of Representatives passed a version of the bill that omitted several...… Continue ...

Crisis in US Military and Defense

Budget challenges, a shrinking military force, and unrestrained growth in personnel and operations has plunged the Pentagon into a state of crisis. This comes at the same time that the United States is facing unprecedented challenges to our national security. These were the themes of my presentation during a panel discussion at the Center for...… Continue ...

Prime Minister Modi: A Boon to Defense Trade with India

Defense trade with India has long been the holy grail for the U.S. defense sector. With U.S. defense budgets declining and defense firms increasingly looking overseas to ramp up sales, one would think that India — a democracy in Asia with one of that largest militaries in the world in desperate need of modernization —...… Continue Reading

Defense Authorization: Overseas Contingency Operations

When the House of Representatives passed the National Defense Authorization Act last week, one of the unanswered questions hovering over the measure was how much money the Pentagon would need for the war in Afghanistan. At the time the bill passed, the Administration had not decided whether U.S. forces would remain in Afghanistan after 2014....… Continue Reading

Battle Over Defense Legislation

The House of Representatives is now considering the Fiscal Year 2015 National Defense Authorization Act (NDAA). The House Armed Services Committee (HASC) reported out the $513 billion measure on May 7th rejecting many of the Administration’s requests including reduction in military pay raise, authority for the base closures, as well as cancellation of older ...

Covington Co-Hosts Program on Cyber Espionage

WASHINGTON, DC, September 27, 2013 — Covington & Burling and George Washington University’s Cybersecurity Initiative yesterday co-hosted a program that examined the growing threat of economic and cyber espionage and the need to protect trade secrets. In conjunction with the event, Covington and GW’s Cybersecurity Initiative released an issue brief on the legal ...

Congressional Leader Howard Berman Joins Covington

WASHINGTON, DC, March 14, 2013 — Congressman Howard Berman, a widely respected leader in the U.S. Congress, is joining Covington & Burling’s global public policy and government affairs practice. The addition of Rep. Berman, the former chairman of the House Foreign Affairs Committee, comes a week after Sen. Jon Kyl joined Covington’s public policy and government ...

Senator Jon Kyl Joins Covington

WASHINGTON, DC, March 6, 2013 — Senator Jon Kyl, who recently left Congress as the second-highest ranking Republican in the U.S. Senate, is joining Covington & Burling’s global public policy and government affairs practice. “Senator Kyl’s deep knowledge and extraordinary legislative skills from his years as a senior leader in Congress make him ideally suited to ...

Susan Cassidy Joins Covington’s Expanding Government Contracts Practice

WASHINGTON, DC, July 2, 2012 — Covington & Burling is bolstering its government contracts practice by adding Susan Cassidy as a partner in its Washington, D.C. office. This marks Covington’s second high-profile addition to its government contracts practice in recent months and underscores the firm’s strong commitment to expand in this area of law. Robert Nichols ...

Washingtonian Names 34 Covington Attorneys ‘Best Lawyers’

WASHINGTON, DC, November 30, 2011 — Washingtonian magazine has named 34 Covington & Burling attorneys as “Best Lawyers” in its December issue. The biennial list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the approximately 800 “Best Lawyers” identified in the issue, Washingtonian included profiles of 31 ...

View More View Less

Our Website Uses Cookies

The New CFIUS

Covington Named “Dealmakers of the Year” by The American Lawyer

COVID-19: Legal and Business Toolkit

Global Supply Chain

Law360 Government Contracts

Group of the Year

Aerospace, Defense, and National Security

Representative Matters

Six-Year Dispute with DOJ Ends with Declination

Successfully Defended $50 Million Sole-Source Award by Air Force

Alion's Acquisition of MacAulay-Brown

Trade controls due diligence in M&A transaction

Elbit Systems Acquisitions

Responding to Government Surveillance Inquiries

Internal investigations for an aircraft manufacturer

Leading semiconductor transactions

Jury verdict for aerospace client

Acquisition of Cubic Advanced Technical Systems

Acquisition of Viper Strike business

Arms Export Control Act - third party beneficiary claims

$220 Million Acquisition of Align Aerospace

Aabar's investment in Virgin Galactic

Acquisition of Enstrom Helicopter

Advising clients on the negotiation and performance of contracts with the Biomedical Advanced Research and Development Authority, the Defense Threat Reduction Agency, and the National Institutes of Health

Case of first impression arising from an FMS contract

Compliance program for a defense company

CRADA with Air Force Research Laboratory

CRADA advice for a consumer products company

CRADA with the Department of Defense

Cutting-edge cost allowability victory

Cybersecurity FCA Victory for a Services Contractor

DAE acquisition of Landmark and Standard Aero

Defense and aerospace enforcement investigations

Addressing Regulatory Enforcement Actions

Favorable jurisdiction determinations

Financing of foreign military sales

Advocacy support for a major Defense Department procurement

Carlyle Group Acquisitions

Complex Procurement

Defended airline executive in criminal investigations

Global regulatory and legislative support

High-level advocacy before the U.S. executive branch

Navigating FMS and FMF processes

Protection of Client IP Rights

Rafael Advanced Defense Systems’ matters

Responding to Large Cyber-based Financial Crimes

Responding to Sophisticated Advanced Persistent Theat ("APT") Attacks

Rolls-Royce acquisition of R.O.V. Technologies, Inc.

Successfully Represented a Defense Contractor in Proposed U.S. Army Debarment

Successful representation of major defense IT contractor in GSA IG audit

Successfully defeated infringement suit in the Court of Federal Claims

Successfully defended $50 million MDA award

Successfully defended prime contractor in data rights lawsuit

Successfully protested $1.6 billion DoD award

Successfully protested $2 billion+ biodefense award

Successfully protested $200 million U.S. Army award

Successfully protested exclusion from $500 million+ biodefense competition

Successfully protested the terms of a $600 million cloud procurement

Technology control plan for an aerospace company

Summary judgment success for UTC

Declination, Dismissal, and Recovery of Defense Costs

Multi jurisdictional export controls advice

NTSB investigation

Strategic advice for defense prime contractor regarding ground combat vehicles

Strategic advice to a defense contractor competing for a US Air Force contract

Superfund Site Advice for Aerospace Company

Sophos Group’s $120 million Acquisition of Invincea

TRICARE-Related Advocacy

United Technologies export controls matters

National Security Issues for IT Firms

Criminal Declination and Favorable First-Mover Civil Settlement

Dismissal of Suit Alleging Fraud in Defense Contracts

Vencore and KeyPoint’s Combination to Form Perspecta

Pohlad Family’s Acquisition of PaR Systems

Lindsay Goldberg's Transformation of PAE

Veritas Capital’s Creation of Peraton

Sale of CVG to Integral Systems

Magellan’s Acquisition of AFSC

Honeywell’s Sale of HTSI to KBR

Covington Named “Dealmakers of the Year”
by The American Lawyer