We help clients protect their business. Our team navigates compliance obligations, delivers clear-eyed risk assessments, and solves problems before they become crises.
Audits
Our attorneys and accounting experts bring a multidisciplinary approach to audits and cost accounting. Our extended team includes former DCAA auditors with insider perspectives on evidentiary standards — perspectives that can often persuade auditors to change findings — and a former Department of Defense Inspector General who understands how to navigate IG audits while minimizing disruption and reputational damage.
When a $60 million NGO working in Pakistan faced a particularly negative USAID OIG audit, our advocacy convinced the auditors to revise their report, sparing the NGO unnecessary reputational damage.
Represented a major NGO operating a worldwide educational program in persuading the agency to disregard an OIG audit finding that would have disallowed $50 million in cost share.
Resolved several hundred cost disallowance issues without the need for claims litigation.
Compliance Programs
We have deep experience assessing ethics and compliance programs, identifying gaps, and guiding clients to programs that are complete, effective, and consistent with industry best practices. Every client is unique, and compliance programs should be right-sized to the business. Our attorneys have served as Chief Compliance Officers at major contractors, bringing practical know-how to building customized compliance roadmaps.
Created and managed the global compliance program for a multinational defense contractor — developing policies and automated controls and designing a multi-tiered, risk-based training program tailored to employees' roles and local laws across Russia, China, India, and NATO countries.
Designed and implemented comprehensive ethics and compliance programs for global publicly traded companies and a privately owned, PE-backed government contractor.
Recommended improvements to a private university's centralized compliance program to align with the Department of Justice's criteria for evaluating corporate compliance programs.
Conducted compliance program assessments at large and small defense contractors to identify gaps against the 18 requirements of FAR 52.203-13, Contractor Code of Business Ethics and Conduct.
Cybersecurity
We advise government contractors at the forefront of the nation’s cybersecurity defenses on regulatory, agency, and contract-specific cybersecurity requirements — including DFARS safeguarding rules and CMMC. We partner with trusted technical experts to bring a complete toolkit to clients’ needs, and we draft cyber policies and procedures to ensure compliance with applicable requirements and certifications.
Led a client's response to a major cyber incident affecting sensitive U.S. government information — conducting the internal investigation, responding to Congressional, agency, and Inspector General inquiries, and advising leadership on strategy and remediation.
Assisted a Top 10 defense contractor in developing internal processes for identifying and analyzing cybersecurity incidents for required disclosures.
Worked hand-in-hand with a technology firm to guide a major government contractor in establishing compliant cybersecurity systems, including DFARS information-safeguarding and supply chain risk requirements.
Enterprise Risk Management
Government contractors face significant strategic, financial, operational, and legal risks. We offer a tailored, disciplined approach to managing the risks most likely to prevent a contractor from achieving its goals: conducting full risk assessments, helping clients prioritize, and developing mitigation plans that reduce likelihood and impact. We also evaluate existing ERM programs against best practices and identify gaps and improvements.
Designed, implemented, and managed enterprise risk assessments for multi-billion-dollar government contractors using the five-step COSO framework: identification, assessment, prioritization, mitigation, and monitoring.
Developed executive 'risk scales' defining risk appetite, convened prioritization workshops, and built board-level reporting to track mitigation plans through completion.
Evaluated a private university's pre-pandemic ERM program and recommended tools to strengthen it.
Export Controls
We advise clients on whether their products and services are controlled under the State Department’s International Traffic in Arms Regulations (ITAR) or the Commerce Department’s Export Administration Regulations (EAR), and we guide them through licensing and approval requirements. Working with lower-cost consultants, we prepare license applications, Technical Assistance Agreements, Manufacturing Agreements, and other approvals — and we negotiate settlements with enforcement officials to resolve alleged violations.
When foreign-national employees stole controlled technical data in violation of ITAR and the Arms Export Control Act — and the State Department initially imposed a multi-million-dollar penalty — we demonstrated that the company's policies, training, firewalls, and automated controls met or exceeded industry standards, and enforcement officials eliminated all fines and penalties.
Resolved allegations of multi-million-dollar violations of ITAR deemed-export rules with no fines or penalties.
Obtained favorable classification rulings that minimized the impact of burdensome regulatory requirements.
Grants and Cooperative Agreements
The U.S. government spends more on grants and cooperative agreements than on procurement contracts. We assist non-profit organizations performing a wide variety of programs — humanitarian assistance and disaster relief, global health, alternative energy R&D, and international education such as the Fulbright Scholar program. We help NGOs comply with the Uniform Guidance, investigate and resolve allegations of wrongdoing, and resolve cost audits and disallowances that could otherwise have devastating impacts.
Represented an international education NGO in responding to an Inspector General audit recommending disallowance of $35+ million in cost share, successfully arguing that the grants officer should disregard the overly restrictive audit report.
Assisted a notable Washington think tank in building the compliance infrastructure to implement the Stevens Initiative, a virtual-exchange grant program co-funded by the U.S. State Department, the Bezos Foundation, and the governments of Morocco and the United Arab Emirates.
Hotline Management
A hallmark of a well-designed compliance program is a mechanism for employees to report misconduct anonymously or confidentially. We assist in the design, implementation, and management of hotline programs and facilitate the timely evaluation, investigation, and escalation of reports. We also consult on hotline investigations, develop policies and procedures, and train or mentor the in-house staff who manage the program.
Established a robust hotline program at a large multinational contractor offering employees a range of reporting channels and methods, with all-employee training on their use.
Developed hotline reporting, anti-retaliation, and investigation policies for a mid-sized government contractor.
Trained and mentored a small company's new Chief Compliance Officer on effective hotline management, including management training on the process and the prohibition against retaliation.
Internal Investigations
When allegations of misconduct surface — through a hotline report, an employee complaint, an audit, or the press — we conduct prompt, credible internal investigations that establish the facts, preserve privilege, and position the organization to make sound decisions about discipline, remediation, and disclosure. Our investigations are so well regarded that inspectors general will often defer to the fact-finding we conduct on behalf of clients. (For defense of government-initiated investigations, see Government Investigations & Enforcement Defense under Disputes & Enforcement.)
Represented a major international humanitarian NGO in addressing front-page allegations of decades-old sexual abuse by its founder — leading the evaluation of the organization's ethics and compliance program and making recommendations that ultimately avoided suspension and debarment.
Conducted an internal investigation of alleged bribery by a multinational's Southeast Asia operation, identified improper payments, and guided immediate disciplinary and corrective action and a voluntary disclosure — resolved with the Department of Justice in a no-cost settlement.
Investigated an anonymous hotline report alleging harassment by a senior leader; the fact-finding substantiated the allegations, the CEO and board were briefed, and appropriate disciplinary and corrective actions were taken.
Mandatory and Voluntary Disclosures
Based on the outcome of internal investigations, we advise clients on whether the facts constitute ‘credible evidence’ of a violation triggering the mandatory disclosure requirements of FAR 52.203-13 — and when a voluntary disclosure makes strategic sense. A cooperative approach to sharing information often leads to faster, better resolutions. We prepare disclosures that minimize follow-on investigation, supported by relationships with inspectors general built over decades.
Filed voluntary disclosures with the Justice Department concerning Foreign Corrupt Practices Act violations and settled them favorably based on immediate corrective action and compliance programs that met or exceeded peer standards.
After an internal investigation substantiated improper payments to a government official, helped the contractor terminate the employee and file a mandatory disclosure documenting the prompt disciplinary and remedial actions; the government declined to take any adverse action.
Compiled disclosure metrics and trend reports for executive teams and boards, benchmarking against peer contractors.
International Compliance
We advise U.S. contractors working overseas on managing the compliance risks of local subcontractors, and we advise foreign contractors on meeting U.S. standards. We help companies navigate U.S. customs and sanctions laws alongside the myriad rules of other jurisdictions, supported by an extensive network of local counsel for in-country requirements — visas, labor laws, tax laws, and registrations. Through our cadre of former ambassadors, we also handle sensitive political issues for contractors operating abroad.
Represented a major international company in gaining the release of its employees from a local jail, using contacts at the U.S. Embassy and foreign political officials.
Developed an international trade compliance program for a large multinational contractor implementing best practices under the FCPA, sanctions laws, and customs laws.
Developed and implemented automated controls and tools for conducting due diligence on proposed foreign agents and consultants.
Security Clearances & FOCI
Our attorneys and subject matter experts hold top secret clearances permitting work on classified programs, including special access programs. We advise clients on obtaining personnel and facility clearances, complying with information controls, mitigating foreign ownership, control, or influence (FOCI), and overcoming eligibility challenges. We maintain deep ties in the U.S. and allied intelligence communities, and our roster of experts includes a former Director of the Defense Counterintelligence and Security Agency.
Advised dozens of companies on the costs and benefits of obtaining personnel and facility clearances and on navigating the administrative processes to obtain them.
Advised an embassy construction contractor on structuring its investments, subcontracting, and supply chain to avoid and mitigate FOCI while operating in sensitive overseas environments.
Represented a large defense and intelligence contractor in classified bid protests.
