Overview

Tom is the leader of the firm's Government Contracts practice group. He focuses his practice on all aspects of government contracts law and litigation, including dealing with grants and co-operative agreements, the management of major government systems and programs, and the resolution of related claims and disputes. Tom has extensive trial and appellate litigation experience with a broad background in commercial and government contracts litigation, including civil false claims, accounting and intellectual property issues, and bid protests.

Tom also represents domestic and foreign companies that conduct business with the federal and state governments and advises on issues related to GSA Schedule Contracts, teaming and subcontract agreements, mergers and acquisitions, government contract financing, contract interpretation, procurement integrity, regulatory compliance and training, protection of intellectual property, organizational conflicts of interest, contract performance, security clearances, dispute avoidance and resolution, FOIA and FAPIS issues. He has led many internal investigations teams focusing on government contract compliance issues and represented clients before agency suspension and debarment officials.

Experience

Representative transactional matters include:

  • Created government contract subsidiary for the sale of products and services for large IT company
  • Represented large defense contractor in acquisition of a technology company, including novation of existing government contracts to the acquiring company
  • Assisted geospatial information provider with receipt of venture capital funding and stock issuance, including due diligence involving intellectual property rights conceived during performance of various government contracts and grants
  • Represented buyer in valuation of government contract portfolio of smaller technology company
  • Counseled large software developer in acquisitions of small business software and services companies by performing due diligence on government contract assets
  • Created federal government contract subsidiary for the sale of products and services for large software company
  • Represented large defense contractor in resolving post-integration issues related to acquisition of systems engineering and technical assistance contractor, including resolution of organizational conflict of interest issues
  • Represented large transportation and security companies in resolving civil false claims allegations, including conducting an internal investigation and negotiating a comprehensive compliance agreement
  • Represented seller in Hart-Scott-Rodino support for merger of two large energy companies
  • Represented a renewable energy company in the negotiation and funding of a P3 PPA between the Defense Department and a private energy company
  • Negotiated novation agreement in support of commercialization of Ebola vaccine
  • Obtained DCAA advance agreement on behalf of merged organization negotiating IAW DFARS cost savings rules
  • Negotiated vaccine contract with BARDA; contract terms reflect risk mitigation and avoidance with the U.S. government
  • Sought waiver of Bayh-Dole Act's domestic manufacturing preference
  • Conducted internal investigation for software provider in support of client's IPO
  • For large foreign IP company, provided NISPOM support of acquisition of U.S. IP company, drafted necessary paperwork for FOCI Analytics Branch to gain approval of the transaction
  • Assisted client in sale of client's domain name
  • Negotiated CRADAs, MDAs, cooperative agreements for biotech companies in support of clinical trials, commercialization of software and manufacture of clients
  • Performed due diligence in support of mergers and IPOs
  • Provide compliance training for government contracting clients

Representative litigation and claims resolution matters include:

  • Represented client before the U.S. Court of Federal Claims in spent nuclear fuel litigation; recovered more than $300 million for client
  • Handled several cases before the U.S. Court of Federal Claims including more than $1 billion of claims against the United States
  • Represented client in patent infringement case, recovering over $10 million for the United States’ infringement of client’s mine detection patent
  • Represented cloud computing company in resolution of multimillion-dollar contract dispute
  • Successfully represented large defense contractor in international arbitration to resolve a multimillion-dollar dispute with a Taiwanese defense contractor under UNCITRAL procedures
  • Successfully represented U.S.-flagged transport vessel before the Fourth Circuit Court of Appeals in a multimillion-dollar insurance dispute
  • Successfully represented large defense security company in civil false claims action and collective action litigation
  • Successfully represented large defense company before the Armed Services Board of Contract Appeals for claims stemming from the Iraq War/offshore contracting
  • Successfully represented a large defense security company in a bid protest for Afghanistan procurement
  • As a licensed mediator, mediated multimillion-dollar settlement of prime and subcontractor contract dispute
  • Successfully resolved 30+ contract appeals stemming from contractor participation in U.S. operations in the Middle East
  • Successfully represented defense IT company in DCAA audit dispute before the ASBCA
  • Successfully represented real estate management company in leasing dispute with the VA
  • Successfully represented clients in pre- and post-award protests before U.S. government agencies, the General Accountability Office and the U.S. Court of Federal Claims
Publications
Presentations

A noted lecturer, Tom speaks on a variety of government contracting topics and presents numerous compliance training sessions each year. He also was a faculty member of the National Contract Management Association and The Judge Advocate General’s Legal Center and School.

Distinctions
  • Listed in The Best Lawyers in America, 2018
  • Ranked in Chambers USA 2016, Government: Government Contracts – Nationwide
  • Honored with the Legion of Merit Award from the U.S. Department of Defense
Professional and Civic

Professional Associations

  • American Bar Association
  • Court of Claims Bar Association
  • Board of Contract Appeals Bar Association

Community Activities

  • General counsel, Youth Orchestras of Prince William
  • Ruling elder, Presbyterian Church in America

Professional Activities

  • Dean's Advisory Board, University of Detroit School of Law
  • Trustee, Command General and Staff College Foundation
News
Events