Experience

Government Contracts

• Represents more than a dozen Alaska Native Corporations (ANCs), providing expert government contract and SBA advice and counseling, trial representation, and the defense and prosecution of size protests at the SBA and bid protests at GAO and the U.S. Court of Federal Claims. Works closely with in-house counsel to efficiently and effectively implement systems and achieve results that have a positive business impact.
• Lead counsel on over 250 bid protests and scores of SBA protests for clients nationwide; success rate of over 90% in pursuing bid protests and defending contract awards.
• Provides legal advice and counseling to business personnel and in-house counsel related to drafting proposals for success, providing guidance during procurements, submitting unsolicited proposals, avoiding or mitigating OCIs and drafting OCI mitigation plans, resolving issues during performance to maximize profit and avoid adverse government action, provide advice related to schedule contracts, resolve issues with subcontractors, draft teaming agreements and JV agreements, and work with the SBA on myriad issues.
• Successfully defended the award of a $90 million Navy construction contract on Guam in multiple Court of Federal Claims bid protests.
• Successfully defended the award to an ANC of a multi-year services contract worth more than $200 million in multiple protests before the SBA, OHA, GAO and the Court of Federal Claims.
• Successfully represented a large ANC construction contractor in a GAO protest challenging the cancellation of its award for a $20+ million project, resulting in reinstatement of the award and the successful defense of that award in a subsequent GAO protest.
• Successfully defended awardees in GAO and Court of Federal Claims protests of service contracts ranging from $20 million to $200+ million in multiple areas, including education, guard, administrative and health services.
• Represented an ANC in a GAO bid protest challenging the agency’s determination not to award it a multi-year IDIQ contract, resulting in awards for three out of four services areas potentially worth more than $100 million.
• Successfully appealed an adverse SBA Size Determination to the SBA Office of Hearings & Appeals, resulting in the adverse decision being vacated and remanded, and ultimately resulting in a ruling favorable to ANCs on an affiliation issue that had not previously been ruled upon by OHA.
• Successfully represented a large construction contractor in a protest at the Court of Federal Claims challenging the rejection of its bid as untimely, resulting in a decision that favorably changed the law regarding when an electronically submitted bid is considered “received.”
• Achieved a 100% success rate in defending more than a dozen SBA protests involving allegations of ANC sister company affiliation, and a 90% success rate in defending ostensible subcontractor protests and revenue-based size protests.
• Advised company regarding negotiation of a major mistake-in-bid issue (over $2 million per year) on a federal government contract, resulting in a favorable contract modification for the full amount of the corrected bid.

Investigations and White Collar Defense

• Represented a multimillion-dollar company suspended from government contracting, resulting in a favorable outcome that lifted the suspension within 30 days.
• Lead counsel representing an international company in a debarment action by a federal agency, resulting in a determination by the prosecuting IG that the company should not be suspended or debarred.
• Served as lead counsel in representing a government contractor during a federal investigation, search warrant and qui tam action involving allegations of fraudulent billing.
• Served as trial counsel on litigation team defending a $240 million qui tam action against a major defense contractor. The claim was eventually dismissed.
• Conducted a corporate internal investigation triggered by FBI inquiries related to a criminal public corruption investigation; conducted an internal investigation for a major health care provider triggered by a whistleblower complaint.
• Lead counsel in dozens of cases representing clients in federal investigations, and conducting internal investigations related to allegations of illegal practices, fraudulent activity, and harassment and discrimination; provide related advice regarding duties under the Mandatory Disclosure Rule and represent companies before agency IGs.
• Developed a compliance program for a $1 billion government contractor and created a compliance training program for the company’s executive leadership and upper-level management.
• Regularly conduct compliance training for clients on all aspects of Codes of Conduct, the Mandatory Disclosure Rule, the FCPA, the Anti-Kickback Act, the False Claims Act, OCIs and other conflicts of interest, how to conduct internal investigations, how to respond to external investigations, subpoenas, search warrants, and many other federal statutes and regulations affecting government contractors.

Construction

• Represents multiple large construction companies operating in Alaska and throughout the United States. Provides advice during contract performance to achieve successful completion, and assists clients with REAs, claims, dispute resolution proceedings, and protests.
• Has been lead counsel in over 100 construction trial matters involving contract changes and interpretation, delays, acceleration, lost productivity, design deficiencies, differing site conditions, means and methods, inspection and acceptance issues, and terminations for convenience and default.
• Lead counsel for general contractor defending a $2 million Miller Act claim by a major subcontractor.
• Represented a major construction company in a State of Alaska DEC investigation involving hazardous materials and UEO issues, resulting in the investigation being closed with no adverse action.
• Achieved a favorable result through pre-litigation mediation on a design/build construction project dispute related to design defect issues.
• Successfully protested the award of a Nevada public construction contract, resulting in award to client.

Alaska Litigation

• Served as lead trial counsel in two separate cases representing developers of privatized Army base housing under the MHPI in constitutional challenges to the local taxation of the private interest, with approximately $100 million at stake in each case.
• Lead trial counsel representing an ANC in 14(c)(1) land claims; achieved favorable decision at trial in federal court denying the 14(c)(1) claims and granting the ANC’s counterclaims.
• Lead trial counsel representing mine developer in partition action related to mining claims.
• Lead trial counsel representing national school bus service provider in declaratory action seeking forfeiture of secured property, resulting in favorable outcome for client.
• Served as co-counsel on a $35 million lawsuit in Alaska Superior Court involving an independent oil producer and an oil exploration company.
• Served as government contracts counsel in a trial matter involving a dispute between partners to a teaming agreement for a federal government contract; succeeded in having claims related to the government contract dismissed on summary judgment.
• Achieved favorable outcomes in several Alaska bid protests.

Honors & Activities

• Selected as one of “America’s Leading Lawyers for Business” (Alaska) by Chambers USA (currently: Litigation: General Commercial), praised for government contracts experience, 2014-2019
• Listed in Alaska Super Lawyers^® (Government Contracts), 2011-2019
• Member of practice group nationally ranked Tier 1 for Construction Law, 2010-2020 | Construction Litigation, 2015-2020, by U.S. News – Best Lawyers^® “Best Law Firms”
• Past President, Federal Bar Association, Alaska Chapter
• Section Chair for Alaska, Public Contracts Section, American Bar Association
• Founder and Chair, Alaska Bar Public Contracts Law Section
• Vice-Chair, ABA Small Business and Socioeconomic Programs Committee
• Chair, Ninth Circuit Judicial Conference Lawyer Representatives, District of Alaska
• North American – Regional Vice Chair, Regulatory Investigations, White Collar Crime & Compliance, TerraLex
• Regular speaker, National 8(a) Association, Native American Contractor Association, and Society of Corporate Compliance and Ethics conferences
• Past Chair, Annual Construction Law Seminar and Effective Management of Construction Projects Seminar
• Board Member, Anchorage Association of Women Lawyers
• Board Member and Officer, Alaska Community Foundation

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