Focus Areas
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
- “DoD Allows Contracts for Products or Services Using FAR Part 12 to Serve as Prior Commercial Item Determinations,” Thompson Hine Government Contracts Update, June 2022
- “Forthcoming Federal Procurement Revisions Focus on Achieving Environmental Goals,” Thompson Hine Government Contracts & ESG Update, June 2022
- “OMB Issues New Buy America Guidance for Federal Infrastructure Projects,” Thompson Hine Government Contracts Update, May 2022
- “Final Rule Amends Federal Acquisition Regulation Part 25 Content Threshold Under Buy American Act: Important Considerations for Companies Providing Products to the Federal Government,” Thompson Hine Business Law Update, Spring 2022
- “SBA Revises Small Business Size Standards for 229 Industries,” Thompson Hine Government Contracts Update, April 2022
- “Out With DUNS, In With UEI: New Unique Entity Identifier Is Here,” Thompson Hine Government Contracts Update, April 2022
- “Final Rule Amends FAR Part 25 Domestic Content Threshold Under Buy American Act,” Thompson Hine Government Contracts Update, March 2022
- “Update on Federal Contractor and Subcontractor Vaccine Mandate,” Thompson Hine Government Contracts Update, February 2022
- “Federal Court Issues Nationwide Injunction Against Federal Contractor Vaccination Mandate,” Thompson Hine Government Contracts/Labor & Employment Update, December 8, 2021
- “Federal Court Enjoins Enforcement of Federal Contractor Vaccination Mandate in Ohio, Kentucky and Tennessee,” Thompson Hine Government Contracts Update, December 2021
- “DoD Announces (New) CMMC 2.0,” Thompson Hine Cybersecurity & Government Contracts Update, November 2021
- “2022 Defense Bills Propel Recent Acquisition Policy Trends,” Law360, October 2021
- “FAR Council and Agencies Publish Class Deviation Clauses and Instructions to Implement EO 14042 Vaccine Requirements,” Thompson Hine Government Contracts Update, October 2021
- “Issues for Government Contractors and the Private Sector Under the Cybersecurity Executive Order,” Pratt’s Government Contracting Law Report, October 2021
- “New COVID-19 Workplace Safety Guidance for Federal Contractors and Subcontractors,” Thompson Hine COVID-19 Update, September 2021
- “Threat of Another Government Shutdown: What Contractors Need to Know and Do Now,” Thompson Hine Government Contracts Update, September 27, 2021
- “President Biden Signs Executive Order to Promote Competition in the U.S. Economy,” Thompson Hine Government Contracts Update, July 2021
- “New Cyber EO: Issues for Government Contractors and the Private Sector,” Thompson Hine Government Contracts Update, May 2021
- “How Biden’s First 100 Days Will Affect Gov’t Contractors,” Law360, May 2021
- “The American Rescue Plan Act: Funding Provisions for Government, Pandemic Response, Health Care, Infrastructure, Transportation, Science and Technology, and Oversight, “Thompson Hine COVID-19 Update, March 2021
- “DOJ’s False Claims Act Recoveries in Fiscal Years 2020 and 2019,” Pratt’s Government Contracting Law Report, January 2021
- “Biden Administration Bolsters Buy American Requirements,” Thompson Hine Government Contracts & International Trade Update, January 2021
- “GAO Bid Protest Filings Down in FY 2020; Effectiveness Rate Reaches Record High,” Thompson Hine Government Contracts Update, January 2021
- “Consolidated Appropriations Act, 2021: Implications for Business,” Thompson Hine COVID-19 Update, December 30, 2020
- “Defense Department Guidance for Government Contractors on Additional COVID-19-Related Costs,” Pratt’s Government Contracting Law Report, December 2020
- “What Gov’t Contracting Might Look Like Under Biden,” Law360, December 2020
- “Trends In Fiscal 2020 Bid Protests Sustained By GAO: Part 1,” Law360, November 2020
- “Trends In Fiscal 2020 Bid Protests Sustained By GAO: Part 2,” Law360, November 2020
- “DoD Publishes Interim Cybersecurity Rule on CMMC and DoD Assessments,” Thompson Hine Government Contracts Update, October 2020
- “DoD Issues Updates to Grant and Cooperative Agreement Regulations,” Thompson Hine Government Contracts Update, October 2020
- “SBA’s New Certification Regulations for Women-Owned Small Businesses,” Thompson Hine Government Contracts Update, September 2020
- “DOJ’s False Claims Act Recoveries in Fiscal Years 2020 and 2019,” Thompson Hine Government Contracts Update, September 2020
- “Defense Department Guidance on COVID-19-Related Costs for Government Contractors,” Thompson Hine COVID-19 Update, August 2020
- “FAR Council Publishes Interim Rule on Section 889 Part B Increasing Prohibitions on Contracting with Companies Using Certain Chinese Telecommunications Equipment and Services,” Thompson Hine Government Contracts & International Trade Update, August 2020
- “GSA Class D&F Provides TAA and BAA Non-Availability Exception for Certain Supplies,” Thompson Hine COVID-19 Update, April 2020
- “DoD Issues Class Commercial Item Determination for Critical Supplies & Services to Aid COVID-19 Response,” Thompson Hine COVID-19 Update, April 2020
- “Public-Private Partnership Created for Emergency Drug Packaging Solutions,” Thompson Hine COVID-19 Update, March 2020
- “DHS Issues Guidance on Identification of Essential, Critical Infrastructure Workers,” Thompson Hine COVID-19 Update, March 2020
- “Mitigating COVID-19’s Commercial and Business Impacts: SBA’s Loan Programs,” Thompson Hine COVID-19 Update, March 2020
- “How Federal Contractors Can Prepare for Coronavirus Disruptions,” Thompson Hine COVID-19 Update, March 2020
- “INSIGHT: How Federal Contractors Can Prepare for Coronavirus Disruptions,” Bloomberg Law, March 2020
- “OFCCP Issues National Interest Exemption for Coronavirus Relief Contracts,” Thompson Hine COVID-19 Update, March 2020
- “INSIGHT: Coronavirus Vaccine Efforts Spur Contracts for Life Science, Biotech Companies,” Bloomberg Law, March 2020
- “The COVID-19 Virus Presents Contracting Opportunities and Challenges to Life Science and Biotechnology Companies,” Thompson Hine COVID-19 Update, March 2020
- “Defense Department Implementing New Cybersecurity Certifications for the Industrial Base,” Thompson Hine Business Law Update, Winter 2020
- “Renewed Restrictions on the Use of Mandatory Employment Arbitration Agreements,” Thompson Hine Government Contracts Update, January 2020
- “FY 2020 NDAA Signed into Law with U.S. Space Force, Cyber Operations & Acquisition Reforms,” Thompson Hine Government Contracts Update, December 2019
- “GAO Finds Opaque Ownership Structures Pose Risks to DoD Procurement,” Thompson Hine Government Contracts Update, December 2019
- 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 to the Washington, D.C. Super Lawyers list, 2017-2021
- Selected for inclusion in The Best Lawyers in America© 2010 to 2022 for Commercial Litigation, and Mediation
- Listed in The Legal 500, 2018-2022
- 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
Education
- University of Detroit Mercy School of Law, J.D., 1980
- United States Military Academy at West Point, B.S., 1973
Bar Admissions
- District of Columbia
- Michigan
- South Carolina
- Virginia
Court Admissions
- U.S. District Court for the Eastern District of Virginia
- U.S. Court of Federal Claims
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Supreme Court
- DoD Allows Contracts for Products or Services Using FAR Part 12 to Serve as Prior Commercial Item Determinations,
Government Contracts Update
, June 23, 2022 - Forthcoming Federal Procurement Revisions Focus on Achieving Environmental Goals,
Government Contracts & ESG Update
, June 7, 2022 - OMB Issues New Buy America Guidance for Federal Infrastructure Projects,
Government Contracts Update
, May 17, 2022 - Business Law Update – Spring 2022,
Thompson Hine Newsletter
, May 12, 2022 - SBA Revises Small Business Size Standards for 229 Industries,
Government Contracts Update
, April 29, 2022 - Out With DUNS, In With UEI: New Unique Entity Identifier Is Here,
Government Contracts Update
, April 7, 2022 - Final Rule Amends FAR Part 25 Domestic Content Threshold Under Buy American Act,
Government Contracts Update
, March 14, 2022 - Update on Federal Contractor and Subcontractor Vaccine Mandate,
Government Contracts Update
, February 17, 2022 - Federal Court Issues Nationwide Injunction Against Federal Contractor Vaccination Mandate,
Government Contracts/Labor & Employment Update
, December 8, 2021 - Federal Court Enjoins Enforcement of Federal Contractor Vaccination Mandate in Ohio, Kentucky and Tennessee,
Government Contracts Update
, December 3, 2021