Represented computer software company in bid protest involving enterprise management system.
Legislative & Regulatory Advocacy
With a proven track record in business development, economic development, and government lobbying, Clark Hill’s role as a steadfast client advocate with the executive and legislative branches of government is unmatched in the industry. Our teams work on a federal, state-wide, and local basis to identify and form coalitions of like-minded individuals and businesses.
Our team is an established leader in government relations in state capitols and Washington, D.C. We offer complete direct lobbying services and representation at the federal, state, and local levels. Our team analyzes and frames your business objectives, then develops a solid plan with key officials to help you achieve them. We understand the policies and procedures necessary to navigate the relationship between business and government, and we act as a liaison for our clients to ensure they receive the exposure, attention, and representation necessary to address their issues and achieve their goals.
We provide policy and legislative monitoring, political analysis, and opposition research for our clients. Our team applies state-of-the-art research tools to review legislative history, committee reports, congressional records, bills, resolutions, and other government resources. We supply reports and research data to position our initiatives at the forefront of key political agendas and recommend action in the best interest of our clients.
Our team creates funding strategies, procurement assistance, and budget and appropriations requests. We work with clients to secure funding through federal, state, and local governments for various initiatives. We recognize that these funding strategies are useful in accomplishing other legislative and policy goals, and we develop plans and monitor their progress to assist in those endeavors.
Our Economic Development and Tax & Incentive group is made up of experienced attorneys and professionals who work with their clients to successfully navigate the intersection of government and business. As the number and complexity of government-sponsored economic development initiatives continue to expand, businesses, nonprofits, and even governments themselves are turning to us for comprehensive, experienced counsel. We understand how economic development works, and we know how to make it work for our clients. On behalf of governments and government-sponsored entities, we develop programs to achieve economic development objectives, as well as access and integrate applicable programs and resources from the federal government or other applicable entities. For businesses and nonprofit clients, we help in the identification, analysis, access of and compliance with appropriate economic development and tax & incentive programs from the federal to the local level. From Detroit to Lansing to Washington, D.C. and beyond, our Economic Development and Tax & Incentive group brings together experienced attorneys, legal professionals, and other team members with experience in various legislative, executive, regulatory, and other governmental and public policy positions, as well as more than 30 years of firm experience in governmental and public affairs counsel.
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 companies relative to Corporate Compliance Programs and related policies.
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.
Work with Federal agencies to resolve issues before they necessitate claims and litigation.
Represented companies regarding Export Administration and Munitions matters including Technical Assistance Agreements.
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.
Represented companies in voluntary disclosures and internal investigations.
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.
Oversaw major employee qualification audit arising out of municipal patronage hiring.
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 major class actions, including challenges to $100 billion pension reform legislation and enhanced retiree healthcare payments.
Successfully oversaw litigation at arbitration, trial, appeal, and Illinois Supreme Court regarding the closure of State facilities and employee layoffs.
Supervised responses to numerous agency audits. Participated in audit exit conferences and testified in front of the Illinois Legislative Audit Commission.
Led drafting of statewide employment administrative order regarding Rutan’s prohibition on political hiring and creating additional internal controls.
Served as member of three-person senior management team, overseeing collective bargaining negotiations, resulting in $900 million in healthcare savings for the State.
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.
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.
Successfully managed challenge to $31 billion capital bill, seeking to strike down entire bill.
Negotiated dissolution of nation's first lottery private manager contract.
Served as State's lead negotiator on omnibus procurement bill
Oversaw day-to-day legal operations for State for federal Stimulus.
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.
Served as lead attorney, as Deputy General Counsel, on the sale of Thomson Correctional Center to federal government.
Resolved a significant dispute in favor of a client with the Defense Contract Audit Agency regarding the allowability of deferred compensation costs
Successfully defended a “software-as-a-service” provider in a protest of a NAFI contract award
Represented a large security firm in successfully protesting the award of a security contract at the Harry S Truman Library and Museum
Negotiated the terms of the largest Stimulus Act construction subcontract at Savannah River Nuclear Site
Represented a manufacturer of advanced wiring systems on combat helicopters in bid protest of an adverse award of a $15 million Navy contract
Obtained a reversal of a U.S. Army decision excluding a client from a multi-billion dollar cloud computing contract procurement
Developed a government contract compliance plan for a multi-billion dollar global home products company
Crafted a “go to market” government business development strategy for a top 10 global independent software developer
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
Obtained approval of the EPA in the novation of a $90 million Great Lakes dredging contract on behalf of local marine construction company