Work with Federal agencies to resolve issues before they necessitate claims and litigation.
Clark Hill’s Regulatory Practice offers counseling, transaction and litigation services, as well as strategic public policy advice, in the areas of banking and financial services, energy, environmental, healthcare, communications, and data and information law. Our integrated teams of lawyers and professionals advise clients in virtually all areas of compliance with laws affecting these sectors.
Represented companies regarding Export Administration and Munitions matters including Technical Assistance Agreements.
Represented companies in voluntary disclosures and internal investigations.
Represented companies relative to Corporate Compliance Programs and related policies.
Represented computer software company in bid protest involving enterprise management system.
Represented defense contractor on USAF Joint STARS program to reverse deductions to target cost and target price where Government had canceled certain line items of contract after work was performed.
Represented systems integration contractor on Space Station Program in $90 million bad faith termination for convenience claim against NASA.
Assist international companies doing business with the United States government and U.S. companies in dealings with foreign government.
Work with Congress on legislative issues affecting government contractors.
Represented precision welding equipment manufacturer in defective specification and change claims on construction of electron beam particle vapor deposition machine for Penn State Naval Applied Research Laboratory.
Representation of construction company in equitable adjustment claims before Court of Federal Claims involving loss of efficiency and increased field overhead for construction of NASA Space Station Processing Facility.
Our client, Daniels Building Company, was the successful awardee of a U.S. Department of Veterans Affairs construction contract to renovate existing kitchen and food storage areas at the Battle Creek VA Medical Center in Battle Creek, MI. The procurement was set aside for award only to service-disabled veteran-owned small businesses (“SDVOSB”) approved through the VA’s Center for Verification and Evaluation (“CVE”). After announcement of the award, a disappointed unsuccessful offeror filed a SDVOSB status protest challenging whether Daniels Building was actually a SDOVSB and thus ineligible for the contract award. Daniels Building engaged Clark Hill to defend this protest, which if sustained could have potentially destroyed our client’s business due to its dependency on federal SDVOSB set-aside contracts.
The protestor alleged that, through two separate joint ventures with two different companies with no connection to the VA’s procurement award, that Daniels was (1) controlled by a large company and thus no longer small; and/or (2) was controlled by non-veterans in conflict with the VA’s regulations. The protestor also alleged that Daniels Building fraudulently obtained its SDVOSB certification by intentionally filing false information with, and withholding key information from, the VA. The Clark Hill team of Bret Wacker, Stuart Schwartz and Nicole Tersigni prepared, in the mandated 5 day response period, a detailed brief demonstrating Daniels Building is in fact owned and controlled by a service disabled veteran; and that the protestor’s attempts to defame and discredit Daniels Building Company were without basis in fact or law. The VA agreed with Daniels Building that its joint venture relationships had no bearing on the ownership or control of our client, and that the protestor’s evidence was not compelling enough to overturn Daniels Building Company’s SDVOSB certification. Our client is now able to move forward with contract performance at the Battle Creek VA Medical Center.
Advised Governor and negotiated with the General Assembly and the City of Chicago regarding gaming expansion. Met with gaming and racing stakeholders. Oversaw expert consultant regarding financial impact.
Oversaw major class actions, including challenges to $100 billion pension reform legislation and enhanced retiree healthcare payments.
Facilitated and ensured City cooperation with federal investigations, including for U.S. v. Sorich and U.S. v. Sanchez Shakman/patronage cases and Operation Crooked Code bribery cases
Oversaw legal review of all new and amended State of Illinois administrative rules, including in the areas of professional regulation, insurance, human services, and public health.
Negotiated dissolution of nation's first lottery private manager contract.
Oversaw day-to-day legal operations for State for federal Stimulus.
Led drafting of statewide employment administrative order regarding Rutan’s prohibition on political hiring and creating additional internal controls.
Served as lead attorney, as Deputy General Counsel, on the sale of Thomson Correctional Center to federal government.
Successfully oversaw litigation at arbitration, trial, appeal, and Illinois Supreme Court regarding the closure of State facilities and employee layoffs.
Successfully managed challenge to $31 billion capital bill, seeking to strike down entire bill.
Oversaw major employee qualification audit arising out of municipal patronage hiring.
Served as lead in-house attorney on legislation regarding governance, creation, design, build, operation and maintenance of Chicagoland’s third major airport through public/private partnership.
Served as State's lead negotiator on omnibus procurement bill
Supervised responses to numerous agency audits. Participated in audit exit conferences and testified in front of the Illinois Legislative Audit Commission.
Served as member of three-person senior management team, overseeing collective bargaining negotiations, resulting in $900 million in healthcare savings for the State.
Resolved a significant dispute in favor of a client with the Defense Contract Audit Agency regarding the allowability of deferred compensation costs
Developed a government contract compliance plan for a multi-billion dollar global home products company
Successfully defended a “software-as-a-service” provider in a protest of a NAFI contract award
Obtained a reversal of a U.S. Army decision excluding a client from a multi-billion dollar cloud computing contract procurement
Negotiated the terms of the largest Stimulus Act construction subcontract at Savannah River Nuclear Site
Represented a large security firm in successfully protesting the award of a security contract at the Harry S Truman Library and Museum
Represented a manufacturer of advanced wiring systems on combat helicopters in bid protest of an adverse award of a $15 million Navy contract
Crafted a “go to market” government business development strategy for a top 10 global independent software developer
Obtained approval of the EPA in the novation of a $90 million Great Lakes dredging contract on behalf of local marine construction company
On behalf of a leading IT hardware and software reseller, successfully prosecuted a bid protest before the Government Accountability Office resulting in a $7 billion Air Force ID/IQ contract award in favor of the client
Represented the largest non-profit in Las Vegas in overturning an adverse $20 million Ability One contract award of services at Nellis Air Force Base