Tom Mason

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

• Co-author, "Justice Department Emphasizes Antitrust Enforcement Through Creation of Multi-Agency and Bid-Rigging Strike Force," Thompson Hine Antitrust & Government Contracts Update, November 2019
• “GAO Bid Protest Effectiveness Rate Remains 44% for Fiscal Year 2019,” Thompson Hine Government Contracts Update, November 2019
• “DOD’s Cybersecurity Maturity Model Certification and Draft CMMC Model Framework,” Thompson Hine Government Contracts Update, September 2019
• “DOJ Guidelines for Disclosure, Cooperation and Remediation in FCA Matters,” Thompson Hine Government Contracts Update, June 2019
• “Lessons Learned from Government Contractors: Compliance with Conflict of Interest Laws,” Thompson Hine Business Law Update, Spring 2019
• “DOJ Recovers $2.8 Billion in False Claims Act Cases in FY 2018,” Thompson Hine Government Contracts Update, January 2019
• “Threat of Another Government Shutdown: What Contractors Need to Know and Do Now,” Thompson Hine Construction & Government Contracts Update, December 20, 2018
• “GAO Releases Bid Protest Annual Report for FY 2018; Effectiveness Rate Is 44 Percent,” Thompson Hine Government Contracts Update, December 2018
• “What Government Contractors Need to Know and Do After Hurricane Florence,” Thompson Hine Government Contracts Update, September 2018
• “Ninth Circuit Rules Escobar Two-Part Falsity Test Is Mandatory for Implied Certification Liability Under the False Claims Act,” Thompson Hine Government Contracts Update, August 2018
• “Annual Procurement Law Reforms in the FY 2019 National Defense Authorization Act,” Thompson Hine Government Contracts Update, August 2018
• “Bayh-Dole Act Amendments Governing Ownership of Government-Funded Inventions Take Effect Next Week,” Thompson Hine Government Contracts Update, May 2018
• “GAO Issues Final Regulations Implementing Electronic Protest Docketing System,” Thompson Hine Government Contracts Update, April 2018
• “DoD Implementing Enhanced Postaward Debriefing Rights via Class Deviation,” Thompson Hine Government Contracts Update, March 2018
• “GSA Releases Initial E-Commerce Portal Implementation Plan,” Thompson Hine Government Contracts Update, March 2018
• “Enhanced Debriefings and Bid Protest Pilot Program Included in FY 2018 NDAA,” Pratt’s Government Contracting Law Report, March 2018
• “GAO Issues Annual Bid Protest Report To Congress for FY 2017,” Pratt’s Government Contracting Law Report, March 2018
• “DOJ Policy Memos Signal Greater Checks and Balances for FCA Enforcement,” Thompson Hine Government Contracts Update, February 2018
• “RAND Corp. Report’s Recommendations to Defense Department on the Bid Protest System,” Thompson Hine Government Contracts Update, January 5, 2018
• “RAND Corp. Submits Report to Congress on Bid Protest Impacts to DoD Procurements,” Thompson Hine Government Contracts Update, January 3, 2018
• “DOJ Recovers $3.7 Billion in False Claims Act Cases in FY 2017; Total Recoveries Exceed $3 Billion Each Year Since 2010,” Thompson Hine Government Contracts Update, December 2017
• “GSA Issues Notice Regarding Commercial e-Commerce Portals Under NDAA Section 846,” Thompson Hine Government Contracts Update, December 2017
• “GAO Issues Annual Bid Protest Report to Congress for FY 2017,” Thompson Hine Government Contracts Update, November 2017
• “Enhanced Debriefings and Bid Protest Pilot Program Included in FY 2018 NDAA,” Thompson Hine Government Contracts Update, November 2017
• “Senate Passes $700 Billion 2018 National Defense Authorization Act, Including Procurement Reforms,” Thompson Hine Government Contracts Update, September 2017
• “Trump Administration Steps Up Buy American Enforcement,” Thompson Hine Government Contracts Update, July 2017
• Co-author, “Chapter 6,” Construction Law and Public Contracts Reference Manual, Virginia State Bar

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.

• Selected for inclusion in Washington, D.C. Super Lawyers 2012-2014, 2017-2019
• Listed in The Best Lawyers in America for more than 10 years
• Listed in Legal 500, 2018 and 2019
• Ranked in Chambers USA, Government: Government Contracts – Nationwide, 2015 and 2016
  
• Honored with the Legion of Merit Award from the U.S. Department of Defense

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