A partner in the firm’s Government Contracts and Global practice groups, Jim brings years of experience to the task of helping clients who transact business with government entities and across borders make sense of the extensive government regulation of their businesses. His clients range from commercial businesses, both large and small, to universities and non-profits. Jim also regularly advises clients in merger and acquisition transactions requiring often complex government-related due diligence and risk assessment.

His clients include government contractors, both prime contractors and subcontractors, who sell products and services to federal, state, local, and even foreign governments. Jim advises these clients on complying with all aspects of regulatory requirements under government contracts, grants and other funding agreements, including the Federal Acquisition Regulations rights in technical data and trade secrets, teaming agreements and joint ventures, subcontracting, protests, false claim allegations, policies and procedures, internal audits and investigations, security clearance requirements, voluntary disclosures, and agency enforcement actions and dispute resolution.

Similarly, for clients’ cross-border transactions, Jim advises on complying with US export, import and trade controls, structuring internal compliance programs, conducting internal investigations and self-disclosures, and resolving enforcement proceedings. Jim is deeply experienced with issues relating to country of origin determinations and “Made in the USA” claims, foreign ownership and control restrictions, the Committee on Foreign Investment in the United States (CFIUS), and the cross-border transfer of software, hardware, and technical data. Jim’s experience includes advising on compliance with the International Traffic in Arms Regulations, the Export Administration Regulations, the Anti-boycott regulations, the Foreign Assets Controls Regulations, and the US Foreign Corrupt Practices Act.

    Experience

    Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

    • Conducted an internal review of a major US research university’s compliance with federal funding agreement restrictions and export control requirements relating to the publication and use of research relating to the development of undersea communication systems.
    • Represented major non-profit organizations in bid protest proceedings conducted before the Government Accountability Office, the US Court of Federal Claims, and the US Court of Appeals for the Federal Circuit regarding the award of contracts by federal agencies.
    • Represented government contractor client in the technology sector in an internal investigation of serious procurement fraud violations committed by a senior executive, and the resulting voluntary disclosure to the cognizant federal contracting agency.
    • Represented global energy services company in its voluntary disclosure to the Office of Foreign Assets Control of possible violations of the Iran sanctions, and prepared comprehensive internal compliance program as part of follow-on corrective action.
    • Advised U.S. importer of automotive accessories concerning penalty action by US Customs and Border Patrol relating to alleged failure to pay antidumping duties, and related scope proceeding by the US Department of Commerce to determine applicability of the antidumping duties.

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    Contact information

    +1 703.394.2214
    james.kearney@wbd-us.com
    +1 202.857.4514

    Bar admissions

    1976, Virginia

    1976, District of Columbia

    Admitted to practice before:

    • US Supreme Court
    • US Court of Appeals, DC and Federal Circuit
    • US Court of Federal Claims
    • US Court of International Trade
    • US District Court, District of Columbia
    • Virginia Supreme Court
    • DC Court of Appeals
    • Vice Chair, ABA Section of Public Contract Law, International Procurement Committee
    • Arbitrator for the Arbitration Institute of the Stockholm Chamber of Commerce, 2001
    • Adjunct Professor of Law, International Dispute Resolution, George Mason University Law School, 1994-2000

    Education

    • J.D., 1976, University of Virginia
    • B.A., 1973, University of Pittsburgh