Defense and Global Security Team
The laws and issues affecting the defense and global security industry can be complex. Buchanan Ingersoll & Rooney’s Defense and Global Security practice draws from multiple areas of the firm to provide integrated, comprehensive solutions to companies in the defense and global security marketplace. Our attorneys and government relations professionals work as a multi-disciplinary team to serve a broad range of enterprises that participate in defense-related sectors involving the military, energy, transportation, infrastructure, technology, health care and life sciences industries. In addition, the firm has a well-established presence and multi-faceted practice in the security alarm industry.
The multi-disciplinary nature of the Defense and Global Security team allows the firm to provide an optimal approach to the complex and ever-changing commercial, legislative and regulatory landscape of the global security realm. Our team combines:
Intellectual Property and IP Litigation
The Intellectual Property (IP) attorneys of our team help tailor IP strategies for each defense-oriented enterprise that we represent in state and federal courts throughout the United States, as well as the International Trade Commission and the Court of Federal Claims. By tailoring our strategies, we protect, enforce and strategically leverage complex technology-based innovations, as well as enhance bottom line earnings and ROI. We also have technical skills to handle military-based technologies, cybersecurity, transportation, energy and other technologies that are relevant to the defense industry.
Our litigation experience crosses wide-ranging scientific and technical areas for a broad array of defense-related industries. We achieve litigation success by only litigating when it is appropriate from a business perspective and by combining the highest level of scientific, technical and engineering expertise with extensive litigation experience. We focus on patent strategies that optimize budget expenditures and create a comprehensive global IP strategy. We help build an effective, valuable IP portfolio that promotes revenue generation through development, acquisition/divestiture joint development, risk management with regard to critical exposure issues, selective assertion of IP rights and retention of IP rights in government-based collaboration.
Government Contracts Counseling and Litigation
The Government Contracts attorneys of our team add experience in counseling and litigating all aspects of defense contracting. They counsel current and prospective federal contractors and subcontractors on a breadth of issues relating to contract formation, administration, and closeout. Not only are they knowledgeable in all aspects of the Federal Acquisition Regulation (FAR), Department of Defense FAR Supplement (DFARS) and other federal statutes and regulations, but they are able to explain these complicated rules clearly and concisely. Their day-to-day counseling services include, among other things, advising companies regarding:
- Contract and modification negotiation;
- Compliance programs;
- Labor and employment issues;
- Organizational Conflict of Interest mitigation;
- Technical Data Rights;
- Cost accounting standards and DCAA audits;
- Export controls;
- Internal investigations;
- Suspension and debarments;
- Procurement Integrity Act;
- False Claims Act;
- Foreign Corrupt Practices Act;
- Buy America and Trade Agreements Acts;
- Subcontracting flow-down issues; and,
- Small Business Administration issues.
Our Government Contracts attorneys are also experienced litigators. They have successfully litigated bid protests at the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC). They have also handled Contract Disputes Act (CDA) claims from claim preparation through appeals at the Armed Services Board of Contract Appeals (ASBCA), COFC, and the U. S. Court of Appeals for the Federal Circuit. Additionally, they have successfully litigated termination for default cases at the ASBCA and COFC, converting the default termination to one for the convenience of the government.
Beyond their extensive litigation experience, the Government Contracts team negotiates requests for equitable adjustment (REAs), termination for convenience settlement proposals, and CDA claims with contracting officers. They also settle disputes through use of Alternative Dispute Resolution (ADR) mechanisms where available.
Complex Business Litigation
The business litigation attorneys of our team expand our capabilities across most internal enterprise operations, including risk management (litigation avoidance), security and business interests. When litigation makes business sense and is strategically called for, we draw from our deep bench to develop a lean, focused litigation team that is tailored to the dispute. We work with our team members in IP and government contracts to seamlessly bring comprehensive litigation skills to multifaceted, global litigation. We have represented defense manufacturers, suppliers and contractors in a range of commercial disputes in federal, state and bankruptcy courts, as well as in state mediations and arbitrations across the United States. Our comprehensive, integrated strategy handles internal investigations, e-discovery matters and complex litigation related to development agreements, manufacturing disputes, joint ventures, labor and employment, corporate restructuring and licensing issues. We advise on and litigate issues related to the Department of Defense (DoD) and other government agencies; industry standards for reverse engineering; contractual issues, such as the terms and conditions governing the sale of defense products; debtor-creditor; International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations; and tax and employment regulations.
We also handle matters requiring the exchange of technical data governed by ITAR, including complex e-discovery and depositions. Our strategies take into consideration the sharing of ITAR-controlled data and information. We address intricate government procurement laws and regulations that can impact cases involving defense contractors and suppliers.
The Government Relations professionals of our team have experience with global trends in an array of scientific, technological, economic, socio-political and military security fields, as well as the impacts on security that these trends bring. We provide strategic advice and develop targeted options for clients whose operations or ability to succeed can be altered by revisions to department or agency requirements or government policies. We possess bi-partisan legislative experience with contacts on committees of jurisdiction in Congress, as well as with the Administration.
We have secured DoD funding to fortify the capacity of America's military industrial complex, helped shape Department of Homeland Security (DHS) requirements regarding bioterrorism and successfully created new national security-related information technology initiatives. We have also represented defense contractors in the manufacturing of surface ship and submarine components, remote weapon systems and military personnel equipment.
M&A and Transactional Due Diligence
The Corporate and M&A practice group members of our team regularly structure and negotiate sophisticated transactions involving equity and debt offerings, public and private capital formation, private placements, mergers and acquisitions and venture capital and other financing transactions. We have handled complex acquisitions including stock-for-stock mergers, management buyouts, tender offers, proxy contests, cross-border acquisitions and divisional purchases and sales. We also represent special committees of boards and advise in contests for control, including hostile bids and proxy contests.
Our experience in the aerospace and defense industry ranges from representing international clients in transactional matters to serving as outside general counsel for emerging growth clients in the IT security industry. For transactions involving clients in the defense industry, as well as clients that provide products and services to governmental agency customers, we draw on the experience and expertise of our colleagues in the firm's government contracts practice. This interdisciplinary approach allows us to provide effective and time-sensitive counsel on the negotiation, diligence and structuring issues that are vital to a successful transaction, including tax, regulatory and intellectual property. When necessary, we have closed large, complex deals in a matter of days. For clients who are serial acquirers, we establish balanced and consistent deal teams that understand the client's business and industry and their goals and objectives.
Labor & Employment
The Labor and Employment attorneys of our team have represented defense manufacturers, suppliers and contractors in a range of matters, including immigration, employee benefits, labor and employment counseling, Office of Federal Contract Compliance Programs (OFCCP), prevailing wage issues and executive compensation matters. Our representative clients in this space include technology, energy, chemical and transportation firms. We have also served as labor and employment counsel and provided additional legal services for a global group of companies that specialize in the manufacture of energetic material products, decoy countermeasures, applied scientific research and technology-based solutions. In addition, our attorneys represent transportation sector clients who play a critical role in moving defense supplies.