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MoFo Advises Sigma Defense on Government Contracts Matters Related to Its Acquisition of EWA Inc.

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Morrison Foerster served as government contracts and national security counsel to Sigma Defense, a Sagewind Capital portfolio company and a leading provider of advanced technology solutions for the defense sector, for its acquisition of EWA, Inc, a prominent player in the field of Electronic Warfare (EW).

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Morrison Foerster served as government contracts and national security counsel to Sigma Defense, a Sagewind Capital portfolio company and a leading provider of advanced technology solutions for the defense sector, for its acquisition of EWA, Inc, a prominent player in the field of Electronic Warfare (EW).EWA’s long history of delivering EW technologies to the DoD and National Security stakeholders aligns with Sigma Defense’s software led approach, augmenting its CJADC2 ecosystem for collecting, analyzing, and distributing data for near real-time intelligence. This strategic move further advances Sigma Defense’s vision enabling the company to provide a comprehensive understanding of evolving threats across the electromagnetic spectrum.MoFo’s Government Contracts & Public Procurement team was led by Washington D.C. partner Damien Specht, together with partners Charles Capito and Locke Bell. The wider team includes associates Lyle Hedgecock, Roke Iko, Narges Kahvazadeh, and Liam Bowers. Read Sigma Defense's <a href="https://sigmadefense.com/press-release/driving-innovation-sigma-defense-expands-cjadc2-capabilities-with-ewa-acquisition/" target="_blank">press release</a>.

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Damien is a partner in the firm’s Government Contracts & Public Procurement practice. Damien represents clients in all facets of government contracts transactions, as well as regulatory counseling, subcontract and teaming agreement negotiations, contract disputes, size protests, and protests. Damien has been recognized as a leading Government Contracts lawyer by various publications. Chambers USA explains that he “is a strong choice for advising government contractors on M&A transactions,” with sources saying that he has “excellent knowledge of government contracts M&A” and that “his biggest strength is that he is very commercial, thinking about both the legal and business side of things.” National Law Journal named him a Trailblazer and found that federal lawmakers turn to him when they “need expert advice about small-business policy.”Damien has played a significant role in more than 200 government contracts transactions, representing industry leaders, private-equity firms and entrepreneurs. He also regularly serves as lead counsel in high-stakes litigation, including pre- and post-award protests at the GAO, the U.S. Court of Federal Claims, and state tribunals, as well as in size protests and appeals.The co-editor of books on small business litigation and government contracts transactions, Damien was a founding member of the ABA Public Contract Law Section Mergers and Acquisitions Committee and serves in the leadership of the American Bar Association Small Business & Other Socioeconomic Programs Committee. Damien has testified about procurement issues before the United States House of Representatives.<h4>GAO PUBLISHED DECISIONS</h4><ul><li>Dawson Solutions, LLC, B-418587, B-418587.2, Jun. 19, 2020, 2020 CPD ¶ 216</li><li>LATA-Atkins Technical Services, LLC, B-418602,B-418602.4, Jun. 10, 2020, 2020 WL 3265159</li><li>Inquiries, Inc., B-418486, B-418486.2, B-418486.3, May 27, 2020, 2020 WL 3034820</li><li>BEAT, LLC, B-418235, B-418235.2, Jan.30, 2020, 2020 CPD ¶ 64</li><li>Battelle Memorial Institute, B-416263.5, Jan. 23, 2020, 2020 WL 508726</li><li>ASRC Federal Data Network Technologies, LLC, B-418028; B-418028.2, Dec. 26, 2019, 2019 WL 7370424</li><li>IPKeys Technologies, LLC, B-416873.2, B-416873.3, Apr. 5, 2019, 2019 CPD ¶138</li><li>ActioNet, Inc., B-416557.4, February 27, 2019, 2019 CPD ¶ 97</li><li>Advanced Software Systems, Inc., B-414892.2, B-414892.3, B-414892.4, B-414892.5, B-414892.6, Jan. 7, 2019, 2019 CPD ¶ 51</li><li>Chenega Healthcare Services, LLC, B-416158, Jun. 4, 2018, 2018 CPD ¶ 200</li><li>Federal Acquisition Services Alliant JV, LLC, B-415406.2, B-415406.3, April 11, 2018, 2018 CPD ¶ 139</li><li>VT Halter Marine, Inc., B-415510.2, B-415510.3, B-415510.4, Jan. 24, 2018, 2018 CPD ¶ 62</li><li>OBXtek, Inc., B-415258, Dec. 12, 2017, 2017 CPD ¶ 381</li><li>Katmai Health Services, LLC, B-413816.3, Jul. 12, 2017, 2017 CPD¶ 220</li><li>Verdi Consulting, Inc., B-414103.2, B-414103.3, B-414103.4, Apr. 26, 2017, 2017 CPD ¶ 136</li><li>Threat Management Group, LLC, B-413729, Dec. 21, 2016, 2017 CPD ¶ 9</li><li>Analytic Strategies LLC; Gemini Industries, Inc.; B-413758.2, B-413758.3, Nov. 28, 2016, 2016 CPD ¶ 340</li><li>Kollsman, Inc., B-413485, B-413485.2, B-413485.3, Nov. 8, 2016, 2016 CPD ¶ 326</li><li>The Boeing Company, B-412441, Feb. 16, 2016, 2016 CPD ¶ 269</li><li>Ball Aerospace & Technologies Corp., B-411359; B-411359.2, Jun. 16, 2015, 2015 CPD¶ 219</li><li>IAP World Services, Inc.; EMCOR Government Services, B-407917.2, B-407917.3, B-407917.4, B-407917.5, B-407917.6, B-407917.7, 2013 CPD ¶ 171</li><li>AT&T Government Solutions, Inc. , B-406926, B-406926.2, B-406926.3, B-406926.4, B-406926.5, B-406926.6, 2013 CPD ¶ 88</li><li>Weibel Equipment, Inc., B-406888, B-406888.2, 2012 CPD ¶ 279</li><li>O'Gara Training and Services, LLC, B-404901.2, 2011 CPD ¶ 171</li><li>Harrington, Moran, Barksdale, Inc., B-401934.2, B-401934.3, 2010 CPD ¶ 231</li><li>CIGNA Government Services, LLC, B-401068.4, B-401068.5, 2010 CPD ¶ 230</li><li>ITT Corporation, Systems Division, B-310102.6, B-310102.7, B-310102.8, B-310102.9, 2010 CPD ¶ 12</li><li>FedSys, Inc., B-401453, 2009 CPD ¶ 181</li><li>Academy Facilities Management, B-401094.3, 2009 CPD ¶ 139</li><li>Honeywell Technology Solutions, Inc., B-400771; B-400771.2, 2009 CPD ¶ 49</li><li>TrailBlazer Health Enterprises, LLC, B-310801.6, B-310801.7, B-310801.10, 2013 CPD ¶ 204</li><li>Evans Security Solutions, Inc. , B-311035, 2008 CPD ¶ 58</li><li>DRS C3 Systems, LLC, B-310825; B-310825.2, 2008 CPD ¶ 103 </li></ul><h4>COFC PUBLISHED DECISIONS</h4><ul><li>HomeSource Real Estate Asset Servs. v. United States, No. 10-416 C, 94 Fed. Cl. 466 (Fed. Cl. 2010)</li><li>ACTA, LLC v. United States, No. 20-356C</li><li>Chenega Healthcare Servs., LLC v. United States, No. 18-861C, 141 Fed. Cl. 254 (Fed. Cl. 2019)</li><li>Trans Digital Techs., LLC v. United States, No. 18-121C, 138 Fed. Cl. 34 (Fed. Cl. 2018)</li><li>Precise Sys. v. United States, No. 14-1174C, 122 Fed. Cl. 263 (Fed. Cl. 2015)</li><li>Palladian Partners, Inc. v. United States, No. 14-317C, 119 Fed. Cl. 417 (Fed. Cl. 2014)</li><li>Pyramid Real Estate Servs., LLC v. United States, No. 10-599 C, 95 Fed. Cl. 613 (Fed. Cl. 2010)</li><li>Acad. Facilities Mgmt. v. United States, No. 09-302C, 87 Fed. Cl. 441 (Fed. Cl. 2009)</li><li>L-3 Communs. EOTech, Inc. v. United States, No. 08-515 C, 83 Fed. Cl. 643 (Fed. Cl. 2008)</li></ul>

Damien C. Specht

Partner

Charles Capito is a partner in both Morrison Foerster’s National Security and Government Contracts + Public Procurement practices.In the National Security space, he has significant experience counseling clients on the complex and evolving considerations related to the Committee on Foreign Investment in the United States (CFIUS). Charles frequently helps investors and U.S. businesses through every aspect of the CFIUS process, from understanding and allocating CFIUS risk on the front end, to presenting cases before the Committee, to negotiating appropriate mitigation measures, and ultimately to implementing and complying with mitigation agreements after the fact. Charles’ experience includes securing clearances for some of the largest and most sensitive cases reviewed by CFIUS, as well as dozens of more discreet transactions and investments.Charles regularly advises clients on critical regulatory regimes in the national security space. Whether in the context of specific transactions or day-to-day counseling, clients rely on Charles to help them comply with and operate under U.S. export controls, in particular, the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR). These regimes, especially the EAR, are undergoing noteworthy and complex changes, and now play key roles in other legal regimes like CFIUS. In addition, government contractors with access to classified information and their investors go to Charles to understand their obligations under the National Industrial Security Program (NISP) and, in particular, the sensitive issues presented by foreign ownership, control, or influence (FOCI) in this space.Companies operating in today’s national security space are wise to take a holistic view of the legal environment incorporating not only their legal obligations today, but also the wider geopolitical landscape to plan for the future. Charles speaks and writes regularly on these and other topics in the national security space, and has been recognized by legal publications like Chambers USA and Best Lawyers for his expertise in these areas.Charles is also a seasoned Government Contracts practitioner, assisting government contractors with a wide variety of compliance and litigation issues. This includes the numerous national security issues government contractors face when they are subject to FOCI, manufacture or export defense articles under the ITAR or sensitive dual-use technology under EAR, or are required to understand and comply with recent compliance regimes like Section 889 of the 2019 National Defense Authorization Act. Charles also has years of experience on pre- and post-award bid protests before the Government Accountability Office and the Court of Federal Claims, and contracts claims and disputes before the boards of contract appeals, and other judicial and administrative tribunals.  Additionally, he counsels clients on prime- and subcontractor disputes, small business issues, compliance with federal procurement regulations, and government contracts mergers and acquisitions.Charles graduated from Washington & Lee University School of Law, where he served as senior articles editor of the Washington & Lee Law Review. He received his Bachelor of Arts degree from Duke University.

Charles Capito

Locke Bell is a partner in the firm’s Government Contracts & Public Procurement practice.Locke is a recognized authority on intellectual property in government contracting, which he teaches as an adjunct professor at the George Washington University Law School. Locke is a trusted counselor, litigator, and strategic partner to technology-driven clients as they engage with the U.S. government and others in the complex landscape of public procurement, grants, and government-sponsored initiatives, including nontraditional acquisition methods such as other transaction agreements (OTs or OTAs), cooperative research and development agreements (CRADAs), and the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. He represents clients across all industries, including aerospace and defense, commercial software and information technology, and healthcare, pharmaceuticals, and biotechnology, on issues that arise throughout the full lifecycle of engagement with federal, state, and local governments.As a litigator, Locke represents clients in data rights challenges and claims related to patent and copyright infringement, trade secrets misappropriation, and reverse-FOIA disputes, as well as complex contract claims, bid protest, and civil fraud and qui tam actions under the False Claims Act. Locke also regularly advises clients on government contracting issues in transactional matters, having guided large and small businesses, private equity firms, and entrepreneurs through more than a hundred mergers and acquisitions. He is a skilled negotiator of commercial and noncommercial licensing agreements, contracts and subcontracts, and teaming agreements, and he is intimately familiar with selling commercial software and other products through the GSA Federal Supply Schedules and other government-wide acquisition vehicles, such as NASA SEWP and DoD ESI, having acted in an in-house capacity on secondment to a large, publicly traded commercial software company.Locke has been recognized as a Rising Star by Law360 and the National Law Journal. Locke is also involved in the American Bar Association, where he formerly served as co-chair for the Intellectual Property Committee of the Section of Public Contract Law.Locke holds a B.S. in mechanical engineering from the University of Virginia and previously worked at the U.S. Patent and Trademark Office as a patent examiner, specializing in mechanical arts. He earned his J.D. with honors from the George Washington University Law School, where he received the Patricia A. Tobin Government Contracts Award for excellence in government contracts law. Locke also clerked for Judge Mary Ellen Coster Williams at the Court of Federal Claims.

Locke Bell

Roke Iko is an associate in the Litigation Department in Morrison & Foerster’s Washington, D.C. office.Roke assists clients in the full range of government contracts litigation and compliance matters.Prior to joining Morrison & Foerster, Roke managed and executed large government contracts and grants for a health and education association based in Washington, D.C. and worked at a consulting firm supporting business development strategy for clients.During law school, Roke worked as a law clerk in Morrison & Foerster’s Government Contracts practice, and participated in the firm’s summer associate program. She is active in pro bono and most recently contributed to a business guide targeted toward minority-owned small businesses interested in federal contracting. Roke received her J.D. from Georgetown University Law Center where she was a senior editor of the Georgetown Journal of International Law, research assistant to Professor Caroline Fredrickson, a RISE Academic Teaching Fellow, and active in the Black Law Students Association and Women of Color Collective.

Roke Iko

Associate

Liam Bowers is an associate in the Government Contracts practice in Morrison Foerster’s Washington, D.C. office.Liam received his J.D. from the George Washington University Law School with high honors and a concentration in Government Procurement Law. He served as a member of the Public Contract Law Journal and was the recipient of the 2022 Murray J. Schooner Scholarship for Government Procurement Law. While in law school, he served as judicial intern to Judge Thompson Michael Dietz in the United States Court of Federal Claims and as a summer law clerk in the Department of the Navy, Office of General Counsel. Before joining the firm, he worked as a transactional associate at a leading law firm in New York.Liam received a B.A. in political science with a minor in environmental systems from the University of California, San Diego.

Liam Bowers

Government Contracts + Public Procurement