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.
Presentations and Publications
- Regulatory Compliance Challenge for Multinational Companies Doing Business or Investing in the U.S., The University of Georgia Center for International Trade & Security (2013)
- InfoPAK: Complying with United States Export and Sanctions Laws and Regulations, Association of Corporate Counsel of America (2013)
- InfoPAK: Government Schedule Contracting, Association of Corporate Counsel of America (2012)
- InfoPAK: Complying with United States Export and Sanctions Laws and Regulations, Association of Corporate Counsel of America (2010)
- The National Defense Authorization Act’s Green Procurement Policy: The “Greening” of the Defense Supply Chain, ABA Aerospace & Defense Industries Committee, Paper No. 02/2008
- Accessing the US Market – Are the Rules Changing?, UK Institute of Export (2017)
- Facilitator, Import/Export Roundtable Discussion, Association of Corporate Counsel of America, Annual Meeting (2016)
- Human Trafficking and the New Rules and Regulations, Association of Corporate Counsel of America (2015)
- You Say You Aren’t a Government Contractor - Or Is It Just Wishful Thinking?, Association of Corporate Counsel of America (2014)
- What Every Company Needs to Know About Export Control, Anti-Money Laundering (AML) and Know Your Customer Laws, Association of Corporate Counsel of America, Annual Meeting (2013)
- Cross Border Mergers and Acquisitions: Regulatory Compliance Opportunities, Pitfalls, and Recent Trends, ABA Section of International Law, Spring Meeting (2013)
- Seven Elements of an Effective Compliance & Ethics Program: Oversight, Accountability and Resources, Association of Corporate Council of America (2013)
- Doing Business with Virginia and Uncle Sam: Government Contracting and Procurement Law Overview for Non-defense Companies, 42nd Annual Advanced Business Law Seminar, Virginia Continuing Legal Education (2012)
- The Foreign Corrupt Practices Act, Georgia-China Alliance and The Carter Center (2012)
- Legal Issues for Exporters, South Carolina-Israel Collaboration (2012)
- Made in America Standards, American Home Furnishings Alliance (2012)
- In-house Counsel in the Cross-Hairs – How to Avoid Pitfalls Presented by New and Changing Federal Laws and Regulations, Northern Virginia Technology Counsel General Counsel Committee (2011)
- U.S. Government Business Issues, The Quebec Bureau of Washington (2011)
- A Rule Change a Day: Inside Counsel’s Guide to Government Contracting Under the New Administration, Research Triangle Area Chapter of the Association of Corporate Counsel of America (2010)
- Managing the Growth of Your Company in Today’s Regulatory and Economic Environment, CEO Forum (2010)
- A Rule Change a Day: Inside Counsel’s Guide to Government Contracting Under the New Administration, Washington Metropolitan Area Corporate Counsel Association (2009)
- Is Your Company Unknowingly an Exporter?, Association of Corporate Counsel of America (2008)
- Your Role in the Life of Government Funding Agreements, Womble Carlyle Seminar Series (2007 - 2008)
- International Business Compliance Issues, Northern Virginia Technology Council (2007)
- Preparing Your Company for Federal Spin In: The Practitioner’s Perspective, Virginia Center for Innovation & Technology (2005)
- International Public Procurement—Legal and Practical Insights for Investors, ABA Section of International Law (2004)
- Export Control Regulations and Foreign Nationals in University Research, National Association of College & University Attorneys (2004)
- Do You Need Export Licenses for Your Employees?, Information Technology Association of America (2004)
- Procurement Law & Compliance: The Rules of the Road, U.S. Department of Energy, Small Business Conference (2002)
- Where the Bodies Lie Buried: Updating Your Compliance Program after Enron, National Contract Management Association (2002)
- Benchmark Compliance Practices to Ensure Conformity with Updated Trade Regulations, World Research Group (2002)
- International Contracting Law, International Development Law Institute, Rome, Italy (2001)
Civic and Professional Activities
- Fellow, American Bar Foundation
- Professional Services Council (PSC)
- American Bar Association - Public Contract Law, International Law and Business Law Sections
- 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
- Former Member, Board of Directors, The Highwood Theatre, Silver Spring, MD
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.