A natural problem solver, Eric enjoys helping clients assess, understand, and develop and implement practical strategies to address complicated issues relating to government contracts, intellectual property, cybersecurity, and export controls.

Overview

Eric is a government contracts lawyer who represents clients' interests through counseling, negotiation, and litigation. His clients include multinational corporations as well as small and mid-sized businesses in a variety of sectors, including technology and IT services, R&D, defense, cybersecurity, construction, transportation, manufacturing, financial services, education, health care, and biotech.

Eric advises on federal, state and local procurement issues throughout the life cycle of the contracting process. Clients rely on his counsel from pre-proposal opportunity and risk assessment, through compliance with solicitation requirements, award capture, and contract performance, to termination and close-out. Along the way, he helps clients understand and address a wide variety of complex compliance issues, including: business ethics and conduct; government contractor specific employment laws; privacy and data security; sourcing restrictions; M&A due diligence and contract novation; security clearances; cost and pricing; small business and socio-economic programs; and export controls. Eric also supports client success by negotiating contracts, subcontracts, teaming and joint venture agreements, and IP development agreements and licenses with contractors, commercial and non-profit entities, and institutions of higher education. If disputes or potential problems arise, he advocates for his clients in bid and size protests, contractor and government claims, and appeals. In addition, he guides clients through audits and investigations, terminations, and suspension and debarment issues.

Regardless of the problems he is working to help solve, Eric's approach reflects his belief in the importance of cogent analysis, effective communication, and a focus on the client's bottom line.

Eric serves as the Immediate Past Chair of the American Bar Association's Public Contract Law Section. He has written extensively on government contract matters, has co-edited two books on subcontracting and flow downs, and frequently lectures and conducts training on government contracting, cybersecurity, export controls, and intellectual property issues.

Experience

Conducted comprehensive government contracts compliance risk assessment for major communications company.

Defended protest of multimillion dollar contract for the operation and maintenance of a federal research facility.

Assisted cybersecurity firm in negotiation of hundreds of service agreements with commercial and government customers.

Represented language services firm in appeal of a claim to the Armed Services Board of Contract Appeals (ASBCA) based on constructive changes in a contract for the creation of maintenance manuals.

Advised enterprise resource planning contractor regarding state RFP procedures, proposal contents, Q&A and other communications, and preparing to file/defend against potential protest of award of state-wide contract.

Conducted internal investigation into alleged payment of gratuities for mid-size defense contractor and helped revise its ethics and business conduct policies and procedures to address problematic aspects discovered during the investigation.

Revised large IT manufacturer / distributor's policy governing hiring of former government employees to conform to legal requirements.

Negotiated Space Act Agreement for client's use of NASA's image catalog in development of on-line game to promote STEM education.

Developed response to Defense Contracting Audit Agency defending contractor's bonus compensation plan and CAS disclosure statement.

Counseled commercial products company concerning potential mandatory disclosure GSA Inspector General relating to Price Reductions Clause issues.

Negotiated a joint venture teaming agreement to position small business client to compete for a multimillion dollar IT services contract for the Center for Medicare and Medicaid Services.

Represented subcontractor in negotiation of key subcontract and multiple change orders with multinational transportation firm for design and upgrade of public transportation system for a land-grant university.

Designed and provided export controls compliance plans and training for multiple clients.

Developed export controls risk identification and analysis plan for R1 Research University.

Helped multi-national aerospace firm analyze potential export problems arising from supply chain and develop voluntary disclosure under the International Traffic in Arms Regulations (ITAR).

Assisted HVAC manufacturer in educating prime contractors and Department of Defense customers concerning availability of non- availability exception to Buy American Act restrictions.

Admissions

  • Colorado
  • District of Columbia
  • West Virginia
  • U.S. Court of Federal Claims
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the Northern District of West Virginia
  • U.S. District Court for the Southern District of West Virginia
  • West Virginia Supreme Court of Appeals

Education

University of North Carolina School of Law, J.D., 1993

Davidson College, B.A., cum laude, 1988

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