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In Brief: A Digest of Government Solutions Projects

 

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Government Solutions
 
Client Success
  • Represented a Fortune 5 company in negotiation of state and local economic development and related incentives for its acquisition of a 450-acre site; deconstruction of existing 1.7 million-square-foot facility; and due diligence, zoning and entitlements for development of a 2.5 million-square-foot corporate campus.
  • Represented Express Scripts Inc. in planning, acquisition and development of 300,000-square-foot headquarters on the campus of the University of Missouri-St. Louis;
  • Advised City of St. Louis on legal structuring and public financing of the $420 million ballpark for the St. Louis Cardinals and multimillion-dollar Ballpark Village project.
  • Represented county in financing and redevelopment of a 550-acre industrial development next to an international airport. Negotiations encompassed four cities, the state government and private developers, resulting in formation of a collaborative public and private redevelopment entity.
  • Represented nonprofit organization on an $8.2 million scattered site affordable housing project utilizing 9 percent federal and state Low Income Housing Tax Credits, along with Port Authority funds.
  • Represented McGowan Brothers Development Corp. in $25 million residential redevelopment of vacant building in downtown St. Louis, as well as capitalization of two new businesses in that building. Wide variety of public and private financing sources analyzed and secured for project.
  • Counseled EM Properties on securing first-ever historic tax credit issued by the State of Illinois for restoration of historic Hotel Pere Marquette in Peoria.
  • Represented City of St. Louis as special counsel in tax increment financing redevelopment project involving nearly 1,100 acres on city’s north side.
  • Represented a Fortune 500 company in negotiation of economic development incentives from state and local governments for the construction of a major industrial facility.
  • Advised an international developer on 5,000-acre mixed-use development with public financing.
  • Represented a Fortune 500 company in negotiation of economic development incentives from state and local governments for the construction of a major industrial facility.
  • Advised an international developer on 5,000-acre mixed-use development with public financing.
  • Served as Illinois counsel for FutureGen 2.0 clean coal project sponsored by U.S. Department of Energy.
  • Obtained Office of the Comptroller of the Currency declination of enforcement against bank director in connection with investigation into oversight of banking practices and fiduciary duty.
  • Resolved grand jury criminal investigation against company president prior to indictment and without a conviction.
  • Successfully represented employees of Major League Baseball team in data breach and corporate espionage matter.
  • Represented Fortune 500 company in high-profile corporate espionage and deceptive trade secrets case.
  • Counseled Big Four accounting firm on potential criminal exposure, regulatory scrutiny and shareholder communications during crisis that began when receiver for a bankrupt former client questioned auditor’s statement of certain financial transactions;
  • Defended executive against allegations by the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) in securities fraud matter related to expert network and hedge fund trading on New York Stock Exchange;
  • Served as lead counsel in employment tax refund suit brought by accountant assessed trust fund recovery penalties. Obtained jury verdict against accountant for full amount of assessment.
  • Served as co-counsel in first-ever injunction action referred by Large Business and International Division of the IRS. The case concerned promotion of distressed asset debt, distressed asset trust and 743(f) tax shelters, which allegedly resulted in taxpayers claiming more than $370 million in fictitious losses, and involved hundreds of taxpayers and witnesses in the United States, Brazil and Switzerland. Full concession by all defendants.
  • Served as co-counsel in first-ever injunction action brought under the Internal Revenue Code against a real estate appraiser. Case involved appraisal of historic-preservation easements on landmark properties. Full concession by all defendants.
  • Obtained motion to dismiss in representation of healthcare facility in a qui tam matter before U.S. District Court, District of Colorado.
  • Resolved criminal charges against a doctor and his practice. Handled all phases of investigation, including criminal and civil litigation, and favorably resolved Centers for Medicare Medicaid Services (CMS) exclusion litigation.
  • Represented variety of individuals and entities in insider trading enforcement actions brought by Financial Industry Regulatory Authority (FINRA) and SEC.
  • Successfully resolved tax controversy issues (civil fraud penalty), saving client more than $2 million.
  • Favorably resolved Clean Water Act violation and DOJ environmental criminal investigation and prosecution.
  • Advised pharmacist and pharmacy corporation on federal criminal prosecution and related resolution of civil False Claims Act lawsuit.
  • Represented durable medical equipment provider in federal whistleblower matter alleging fraudulent billing practices.
  • Represented a variety of individuals and entities in investigations involving Drug Enforcement Administration (DEA) diversion;
  • Defended pharmaceutical manufacturer in criminal Food and Drug Administration (FDA) investigation regarding quality controls, validation of manufacturing protocols and timeliness and accuracy of field alert submissions.
  • Brought protest challenging U.S. Postal Service (USPS) transportation contract, resulting in agency terminating the challenged contract and awarding contract to client.
  • Advised solar developer on compliance issues arising under power purchase agreement with government agency for soon-to-be-constructed solar project.
  • Represented global renewable energy developer in multimillion-dollar arbitration in New York on alleged breaches of warranties in long-term service and maintenance agreement.
  • Advised wind energy developers in warranty disputes involving alleged blade and gearbox defects in wind turbines at facilities in seven states.
  • Obtained dismissal of a lawsuit challenging award of the largest contract in Missouri history. Defended award of the Privatization of Army Lodging (Group A) Project against two separate Government Accountability Office (GAO) bid protests;
  • Prepared and litigated claim involving deductive modification on U.S. Army Corps of Engineers contract for construction of military family housing at Fort Wainwright, Alaska. Matter settled at full claim value, including statutory interest, following submission of motion for summary judgment at Armed Services Board of Contract Appeals.
  • Represented electrical subcontractor in Miller Act lawsuit against Prime Construction Management and its surety arising out of Department of Homeland Security renovation project in downtown Chicago. Developed and presented complex labor inefficiency claim and defeated efforts to stay the federal court proceedings. Negotiated favorable pass-through agreement.
  • Represented steel manufacturers (foreign and domestic) in application of Buy American rules to their products.
  • Represented major defense contractor in default termination of Navy contract for aircraft radar.
  • Counseled international energy company on proposed debarment by U.S. Department of Energy and Overseas Private Investment Corporation.
  • Represented international manufacturer of pressurized tanks in obtaining hazmat special permit from Pipeline and Hazardous Materials Safety Administration.
  • Represented pharmaceutical startup companies in FDA New Drug Application (NDA) fee waiver cases.
  • Conducted investigations and responded to Defense Contract Audit Agency audits (DCAA).
  • Represented national real estate developer in contract administration, compliance and audit issues arising from cost-reimbursement design-build contract for construction of $1 billion Department of Defense office building.
  • Represented global engineering and construction management firm in federal court litigation of claims arising from multimillion-dollar contract for construction of Southwest Airlines terminal at Baltimore-Washington International Airport.
  • Counseled Fortune 100 company on contract interpretation and compliance matters arising from procurement, award and administration of a multiyear Department of Defense contract for administration of healthcare benefits to TRICARE beneficiaries.
  • Represented national healthcare industry contractor in the preparation and submission of competitive proposals and compliance with requirements of Office of Personnel Management contracts for delivery of healthcare benefits to federal employees through Federal Employees Health Benefits Program.
  • Advised healthcare industry clients on statutory and regulatory requirements governing healthcare exchanges established under the Affordable Care Act.
  • Advised private health insurers and benefits administrators on the scope of private insurer liability for healthcare services delivered through the Veterans Administration and Military Treatment Facilities, as well as the Indian Health Service, Indian Tribes and Urban Indian organizations.
  • Represented Department of Defense logistics contractor in reverse Freedom of Information Act litigation seeking to prevent disclosure of unit pricing and other proprietary information reflected in successful proposal.
  • Represented major American defense contractor in defending action by Israeli contractor seeking to collect commissions due in connection with military contracts awarded by the governments of Australia, South Korea and Israel.
  • Counseled IT service contractor in protesting award of software support services contract issued by Defense Health Information Management System.
  • Represented military software development contractor in defending $10 million action for breach of contract, civil conspiracy and copyright infringement initiated by software developer. Case was resolved by summary judgment.
  • Counseled major business and software consulting firm in state and federal court litigation over development and installation of software for Baltimore City Public Schools. The case settled while client's motion for summary judgment was pending.
  • Convinced U.S. International Trade Commission (ITC) to renew decades-old antidumping duty finding;
  • Represented a major Latin American country’s industry in obtaining exclusion from worldwide quotas and duties imposed by the United States on steel products under a safeguard case.
  • Obtained lowest dumping margin for any Chinese company in diamond sawblades investigation, as well as findings of no or minimal dumping for companies in Japan, China and Mexico in dumping reviews.
  • Obtained findings of no injury in multiple representations of Chinese companies before ITC involving citric acid, steel wire rope and blast furnace coke.
  • Defended and appealed issues before NAFTA binational panels.
  • Obtained relief against much larger company for U.S. company in the tool industry in a patent-based section 337 case at the ITC.
  • Represented clients before Office of Foreign Assets Control (OFAC) on sanctioned country issues, including those related to Iran, Syria, Sudan, North Korea and Burma.
  • Represented shipyard and other interests before Maritime Administration, Military Sealift Command, Department of Defense and other federal agencies.
  • Advised U.S.-domiciled multinationals on obtaining facility and staff security clearances from Department of Defense (DOD) for handling classified defense articles and on countering issues with Foreign Ownership, Control or Influence program.
  • Counseled U.S. logistics companies on FCPA and Civil Reserve Air Fleet program.
  • Advised U.S. oilfield services company and European affiliates on U.S. sanctions and export control implications associated with proposed multimillion-dollar contract to provide offshore geotechnical services related to natural gas pipeline evaluation and construction in Russia, Eastern Europe and the Black Sea.
  • Assisted non-U.S. energy services company in evaluation of proposed joint project with another non-U.S. company, for seismic exploration in the Arctic on behalf of a Russian oil company, in connection with the U.S./Ukraine-related sanctions.
  • Obtained favorable rulings from U.S. Customs and Border Protection (CBP) with substantial duty savings for pharmaceutical and chemical industry clients concerning country of origin marking and preferential duty qualifications.
  • Provided counseling and assistance in connection with voluntary and directed disclosures to BIS, Directorate of Defense Trade Controls (DDTC) and U.S. Census Bureau regarding compliance issues, including unlicensed exports of goods and technical data.
  • Advised large pharmaceutical and biotechnology companies on transfer pricing and customs valuations issues and establishing value reconciliation programs.
  • Advised global consumer products company on all phases of CBP Focused Assessment audit.
  • Assisted startup medical device manufacturer with registration and approval of device with Food and Drug Administration (FDA).
  • Represented one of the nation’s largest qualified intermediaries for like-kind exchanges in securing provision in Dodd-Frank law on consumer protections.
  • Obtained dismissal of lawsuit that challenged the awarding of Missouri’s Medicaid managed-care contract, worth more than $1 billion annually.
  • Defended initiative petition by Missourians for Health and Education against two challenges that sought to prevent initiative from appearing on general election ballot. Circuit Court of Cole County ruled in favor of client on all claims; Missouri Supreme Court affirmed lower court and certified initiative for the ballot;
  • Represented national nonprofit trade association comprising transmission providers and customers before Federal Energy Regulatory Commission (FERC), U.S. Department of Energy and Congress in contested and generic rulemaking matters, policy-making and legislation.
  • Successfully brought suit against Federal Emergency Management Agency (FEMA) to invalidate its proposed maps decertifying one of the major levee systems in the country.
  • Prepared levee system improvement plan in accordance with U.S. Army Corps of Engineers systemwide improvement framework (SWIF) policy that led to reinstatement in PL84-99 and federal repair of flood-damaged levees.
  • Led lobby efforts of coalition to pass Wisconsin’s first Venture Capital Fund, a $90 million fund to help startup companies succeed in Wisconsin.
  • Led lobby efforts to pass Wisconsin bill legalizing medical marijuana (CBD oil) for children with illnesses and seizures who would benefit from the medication.
  • Negotiated resolution of state and local tax audit with state Department of Revenue for a leading producer of metal products; advised on tax policy.
  • Served as principal lobbyist for Fortune 100 technology solutions company.
  • Negotiated $8 million excise tax settlement matter with Department of Revenue on behalf of tribal government.
  • Served as principal outside lobbyist supporting Capitol Hill efforts to enact a moratorium on online casino gaming.
  • Managed election law compliance work for major publicly traded telecommunications company.
  • Assisted in formation and maintenance of federally established political action committees (PACs) on behalf of several public and private clients.
  • Represented major motion picture theater chain in protracted settlement negotiations with U.S. Department of Justice over high-profile Americans with Disabilities Act (ADA) litigation.
  • Organized coalition and represented technical service providers, including Nelnet Inc., TD Ameritrade, U.S. Assets, Home Instead, Nanonation, Hudl and Nebraska Global, to achieve passage of corporate apportionment formula and sourcing rules for sales of intangibles and services.
  • Represented wholesale electricity supplier NextEra Energy Resources and Invenergy, a developer and operator of renewable energy products, in promoting legislation that would provide wind energy tax incentives and credits.
  • Won approval from Missouri Health Facilities Review Committee for nursing services company to move forward on $35.7 million senior housing project.
  • Successfully defended owner and operator of adult day-care center facing loss of more than $500,000 in dispute with Missouri Department of Social Services and Missouri Department of Health and Senior Services.
  • Counseled a national real estate investment trust (REIT) on entitlement matters.
  • Represented a property owner association in the negotiation of entitlements with a national developer for a $100 million development project.
  • Served as outside general counsel to major regional construction company in its corporate, construction, development and P3 concession projects.
  • Represented developer in its structuring, negotiation, development, tax-exempt financing, construction and operation of a 750-bed student housing project for a tax-exempt, university-related real estate foundation owner. This project utilized a P3-like delivery model prior to the passage of Colorado’s P3 authorizing legislation.
  • Assisted in drafting and reviewing Colorado transportation funding legislation (FASTER bill) and advised on establishing High Performance Transportation Enterprise (HPTE) using P3s as financing mechanism and delivery model.
  • Selected as preferred developer for $500 million-plus redevelopment of the Denver airport terminal to incorporate a mixed-use retail and entertainment facility, utilizing unique P3 delivery model involving substantial vertical and horizontal infrastructure in a mixed-revenue model.
  • Crafted P3 structure on behalf of master developer of a 55-acre expansion project at the University of Kansas, including an academic integrated science facility, student union, student housing in three buildings, dining center and parking spaces.
  • Represented Garney Construction, owner of $3.4 billion San Antonio Water System Vista Ridge water supply project. The 142-mile Vista Ridge pipeline is the first-of-its-kind, large-scale P3 in the U.S. water industry.
  • Represented developer of first-of-its-kind $62 million Passive House-certified residential development in securing Chapter 353 property tax abatement from the City of Kansas City, Missouri, and tax-exempt bond financings from U.S. Department of Housing and Urban Development.
  • Represented Texas Infrastructure Council in drafting legislation to create P3 Center of Excellence, which provides best-practice processes for procurement of infrastructure through P3s and development of strategic pipeline of infrastructure projects.
  • Crafted P3 structure on behalf of Kauffman Center for the Performing Arts for multiuse parking facility that allowed for development of the $400 million nationally recognized performing arts center;
  • On behalf of developer, led formation of P3 focused on redeveloping dilapidated medical campus in the heart of a Kansas City residential community. Partnership included a large hospital operator, two private development groups and the city, and it used multiple tax credits, tax increment financing and tax abatement to reintroduce senior housing, assisted living and retail availability to the area, as well as preserving emergency medical services on site.