Kevin is a trusted advisor to government contractors of all sizes, helping companies navigate the complex regulatory scheme imposed on contractors and helping contractors defend their rights through the bid protest and claims processes.
Kevin has significant experience litigating bid protests and tailors each bid protest strategy to the case, which has led to victories in agency-level, GAO, Court of Federal Claims and Federal Circuit protests. After award, Kevin has helped contractors respond to performance issues, defend against terminations and assert claims against the government. He has helped file scores of requests for equitable adjustments and helped several clients negotiate terminations for default into terminations for convenience. When agreement cannot be reached, he has extensive experience litigating such matters before the Court of Federal Claims, Civilian Board of Contract Appeals and the Armed Services Board of Contract Appeals.
As a full-service government contracts attorney, Kevin helps companies build the necessary systems and infrastructure to ensure success. He has helped countless companies expand into the federal marketplace with a solid foundation for their compliance obligations. Kevin has also been called on to conduct internal investigations when questions are raised about the adequacy of a company’s existing compliance systems. He has been involved in numerous such investigations ranging from questions about proper time charging and badging disputes to the correct handling of sensitive government information. He has also built ethics and compliance programs for long standing federal contractors who identified gaps in their systems.
More recently, Kevin has spent an increasing amount of time advising contractors on the evolving cybersecurity requirements imposed on government contractors. Beyond merely advising clients on their obligations, Kevin has presented webinars on compliance with DOD’s cybersecurity requirements and the development of its Cybersecurity Maturity Model Certification (“CMMC”) rule as well as the more recent analogs from other federal agencies, like the Department of Veterans Affairs and Department of Homeland Security. He has represented clients in connection with their reporting obligations after data breaches and helped investigate cybersecurity and data handling practices.
Kevin also counsels companies on the Freedom of Information Act (FOIA). He has helped scores of clients file records requests and works with the agency to ensure prompt and complete responses. Kevin has litigated many FOIA cases on both sides. He is a fierce advocate for companies battling the government for records and has used this aggressive approach in parallel to companies involved in or anticipating disputes with the government, such as possible False Claims Act matters or potential claims. These tactics allow companies to build their arguments and affirmative defenses earlier in the litigation process. On the other hand, Kevin has defended companies whose information is being sought. He has successfully intervened in a Ninth Circuit appeal on behalf of a biotechnology trade association and in a district court case for another technology company—in both cases preventing the information from being disclosed. He has also worked behind the scenes with the government to support its case to withhold certain contractor records and defend his client’s interest without becoming a party to the litigation.
In addition, Kevin advises clients on complex attorney-client privilege matters, including the structuring of cross-border investigations to preserve the privilege for a large technology company, ability to assert privilege over forensic investigations accompanying data breaches and the organization of the legal department at a Fortune 10 company. He is a contributing author to the leading treatise on the attorney-client privilege, Attorney-Client Privilege in the United States, which is routinely cited by federal appellate courts and state supreme courts.