The Rise of OTAs in Defense Contracting: Opportunities, Risks, and What Contractors Need to Know
Podcast - Navigating the Updated SF-328 Form
Podcast - A Comparative Guide to Obtaining an FCL: DCSA vs. the Intelligence Community
Diversifying Your Contract Pipeline by Maximizing Opportunities through the DOD’s Mentor Protégé Program
A Comprehensive Overview of FOCI Mitigation
Podcast - Defense Dynamics: Navigating the Post-Election Landscape for the National Security Sector, Part 2
Mitigating FOCI Under Section 847
Episode 345 -- Raytheon Pays $950 Million to Resolve Fraud, FCPA, ITAR and False Claims Act Violations
Everyone Come to Play: Exploring FOCI Mitigation Instruments
Defense Dynamics: Navigating the Post-Election Landscape for the National Security Sector
Podcast - Navigating M&A Due Diligence: Safeguarding Security Clearances
Podcast - Change Condition Packages: Tips for Cleared Contractors
Podcast - Corporate Documents in the Context of Clearances
Navigating Personnel Security Clearances (PCLs)
Cybersecurity Insights: Updates on CMMC Implementation and CUI Identification
What Is an FCL and How Do I Obtain One?
Protecting Our Nation’s Data: Cybersecurity Compliance for Government Contractors
Intellectual Property In Department of Defense Contracting
The When, Where, Why and How of CMMC with Fernando Machado
Closing an aerospace or defense M&A deal is only the beginning. Successful integration requires careful planning to ensure compliance, operational continuity, and the retention of key personnel....more
On June 17, 2025, Raft announced its acquisition of N3bula Systems. Raft is a defense technology company that specializes in delivering autonomous data fusion, AI/ML, and data solutions tailored for U.S. military and...more
Mergers and acquisitions (M&A) involving government contractors present unique challenges and considerations that require meticulous due diligence. Unlike purely commercial deals, government contracts introduce layers of...more
The defense technology sector (“defense tech”) has experienced remarkable growth in recent years, with projections indicating continued expansion in the near future. This surge is largely driven by increased global defense...more
SBA’s 180-Day Recertification Rule: Clarifying the Meaning of “Offer” in Size Determinations - In a recent decision by the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA), the Size Appeal of...more
For defense technology companies contemplating a sale, understanding how to maximize value while navigating complex regulatory and compliance requirements is crucial for a successful transaction....more
The Department of Defense (DOD) has finally promulgated its Final Rule (Rule) implementing the Cybersecurity Maturity Model Certification (CMMC) program, which goes ‘live’ on December 16th. There is plenty of content...more
Merger and acquisition (M&A) activity is often the lifeblood of corporate growth. While whole treatises can be, and have been, written on cybersecurity and legal challenges during M&A activity, the following are a few key...more
The U.S. Department of Defense (DOD) has long questioned whether contractors and their supply chains have been fully compliant with existing cybersecurity requirements aimed at protecting Controlled Unclassified Information...more
In the ninth episode of "Are We All Clear? Facilitating Security Clearances," host Molly O'Casey and International Trade attorney Antonia Tzinova delve into the critical aspects of due diligence for facility and personnel...more
The Department of Defense assessed an average of about 40 defense-related mergers and acquisitions each year from 2018 to 2022, a small portion of the roughly 400 defense mergers estimated to occur annually, according to a...more
Mergers and acquisitions involving companies that conduct business with the federal government present a unique set of challenges. Several statutes and regulations are implicated in such corporate transactions, whether the...more
The U.S. Government Accountability Office (GAO) has published a report focusing on the risks associated with mergers and acquisitions (M&A) in the defense space and concluded that the U.S. Department of Defense's (DOD)...more
The foreign ownership, control or influence ("FOCI") program administered by the Department of Defense's ("DoD") Defense Counterintelligence and Security Agency ("DCSA"), which is by far the largest US FOCI program, continues...more
The Department of Justice recently filed a complaint to prevent Booz Allen Hamilton’s $440 million acquisition of “agile and innovative” competitor EverWatch, Inc. Among the notable aspects of the complaint is its definition...more
Intellectual property (“IP”) rights can be one of the most valuable assets of a government contractor. There are several factors potential buyers can use to properly evaluate a government contractor’s IP in mergers and...more
BUSINESS & TRANSACTIONS - Federal Trade Commission Updates HSR Thresholds - The Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR) requires that certain mergers, acquisitions, and joint ventures be...more
BUSINESS & CORPORATE - BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: Post-Transaction Pitfalls—Part 3 of a 3-Part Series - M&A transactions involving government contractors...more
GOVERNMENT CONTRACTS - BLOG: Important Considerations When Structuring M&A Transactions for Government Contractors: OCI, Reps and Warranties, and Assignment of Receivables - Our three-part series on government...more
It is time for a top-to-bottom review of the acquisition process. I take no joy in writing this article, but it is a desperate plea for improvement. From 1995-2001, I worked for the Department of the Army as a contract...more
Now that DOD has released the final version of the Cybersecurity Maturity Model Certification (CMMC) guidelines, all contractors that work directly or indirectly on Department of Defense (DOD) contracts should be preparing to...more
Comments to Proposed Rule on Consolidation of Mentor Protégé Programs and Other Government Contracting Amendments, February 7, 2020 - In its role as advocate to small businesses operating in the government contracting...more
If you’re thinking about lending to a firearms industry member, you need to take special precautions. Firearms laws are complex, and impact multiple aspects in transactions. This podcast touches upon major areas of which you...more
SMALL BUSINESS PROGRAMS & ADVISORY SERVICES - CLIENT ALERT: SBA to Increase Size Standards with Inflationary Adjustment, July 17, 2019 - On July 18, 2019, SBA issued an interim final rule increasing the receipts-based...more
On September 21, 2017, the Committee on Foreign Investment in the United States (“CFIUS”) issued a public version of its most recent classified annual report to Congress on covered transactions for CY 2015. CFIUS is the...more