Situated in the heart of the nation’s capital, Holland & Hart’s Washington, D.C. office provides a full range of services for the firm’s Mountain West, national, and international clients seeking advice and representation in connection with federal regulatory and compliance matters, legislative initiatives, and regulatory and criminal enforcement proceedings.
The Office features a collection of highly experienced attorneys and lobbyists with particular expertise in environmental, energy and natural resources matters; trade sanctions and export controls; governmental investigations and white collar defense; and government contracts.
Environment, Energy, and Natural Resources
A key strength of the Washington, D.C. office is its broad and sophisticated environment, energy and natural resources practice. We provide strategic advice and counsel on compliance with federal laws, as well as rulemaking, regulatory and permitting approvals, financing programs, and due diligence of acquisitions in industries regulated by numerous federal agencies, including the Department of the Interior (DOI), the Environmental Protection Agency (EPA), the Department of Energy (DOE), and the Federal Energy Regulatory Commission (FERC).
The matters in which our D.C. team are engaged mirror the issues of concern to our broad client base and include the EPA’s rulemaking under the Clean Air Act, the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Comprehensive Environmental Response, Compensation, and Liability Act, and the Emergency Planning and Community Right-to-Know Act. The Washington, D.C. office regularly counsels our energy infrastructure clients as they navigate the environmental review and permitting process before DOI, FERC, and DOE, with particular experience in the areas of the National Environmental Policy Act, cultural resources, and protected species law and regulation.
When necessary, our team of skilled litigators represents clients before federal district and appellate courts in challenges to agency rulemakings and in enforcement actions under these programs. In addition, with our extensive experience working with federal regulatory agencies and Congress, Holland & Hart can provide clients with a comprehensive lobbying strategy to accomplish their goals. Our team includes many attorneys with senior-level government experience including the former staff counsel to the U.S. Senate Committee on Energy and Natural Resources, the former senior official of the White House Council on Environmental Quality, the former Principal Deputy Assistant Attorney General for the U.S. Department of Justice’s (DOJ[‘s]) Environment and Natural Resources Division (ENRD), a Special Assistant to the Solicitor in the U.S. Department of the Interior, and the former Assistant Attorney General for the ENRD and Solicitor of the DOI.
Trade Sanctions, Export Controls, and White Collar Defense
Holland & Hart’s Washington, D.C. office features attorneys with extensive experience counseling multinational companies and financial institutions with respect to compliance with U.S. and foreign sanctions programs, import and export control compliance under the Arms Export Control Act and Export Administration Act, foreign bribery, anti-boycott laws, and U.S. Customs regulations. Our team regularly interacts with the DOJ, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of State’s Directorate of Defense Trade Controls, and U.S. Department of Commerce’s Bureau of Industry and Security on issues relating to sanctions and export compliance including licensing.
Virtually every domestic and foreign company that does business internationally has to confront issues relating to sanctions and exports control, and the applicable laws and regulations can be extraordinarily complex. The Holland & Hart DC team is among a small group of firms with expertise handling both complex compliance and enforcement matters in these areas.
The Office’s white collar defense practice complements the cross-border nature of our sanctions and export controls practice with a focus on representing companies and individuals in civil and criminal enforcement proceedings arising from potential violations of sanctions and export controls, foreign bribery laws such as the Foreign Corrupt Practices Act and the U.K. Bribery Act, national security matters, cross-border fraud, offshore tax evasion, and the False Claims Act. Our team includes a nationally-recognized expert in the area of export controls, trade sanctions, and anti-corruption compliance, the former lead OFAC investigator responsible for sensitive and complex investigations of Iranian-linked financial institutions, and two former federal prosecutors, including the former Principal Deputy Chief of the Counterespionage Section in the National Security Division of the DOJ who also served as the DOJ’s first ever National Coordinator of Export Control and Embargo Enforcement.
In virtually all white collar defense matters, the best resolutions for our clients are generally achieved outside of a courtroom, either through a declination of prosecution entirely, a non-prosecution agreement, or a deferred-prosecution agreement. Nevertheless, where such a resolution is not possible, our team of attorneys has the experience and willingness to challenge the government at trial when necessary and appropriate. Collectively, our Washington, D.C. attorneys have tried more than 50 federal criminal jury trials to verdict. In contrast to firms that virtually always counsel their clients to relent and cooperate, our trial experience means that we are not afraid to challenge the government’s theory of the case where the circumstances warrant it and help our clients achieve the best possible result.
Holland & Hart’s Government Contracts Practice Group represents clients in all aspects of public procurement. Government contractors are only profitable when they can successfully maneuver through the regulations, statutes, agency guidance, and caselaw that shape all aspects of their business. Contractors rely upon our attorneys’ previous tenure in the U.S. Department of Defense, the U.S. Department of Justice, and the U.S. Department of the Interior and our experience with, among others, the U.S. General Accountability Office (GAO), the U.S. Department of Energy, the Federal Aviation Administration, the U.S. Environmental Protection Agency, and the U.S. Department of Transportation to counsel government contractors throughout the contracting process, from bid preparation to compliance, and when needed, with claims issues.
Our clients rely upon us to provide efficient and effective representation that will protect the larger interests of the company while ensuring the best possible result in conflicts that arise during the contracting life cycle. We represent clients during negotiations with the government – local, state and federal – and assist with interpreting the clauses in these contracts and other funding instruments, such as grants and loans. We routinely represent clients in complex settlement negotiations with government enforcement agencies, and other parties.
We frequently represent clients through dispute proceedings before the U.S. Court of Appeals for the Federal Circuit, U.S. Court of Federal Claims, the Boards of Contract Appeals, and other state and federal courts throughout the United States. Our Washington, D.C. attorneys have tried more than forty jury trials in local, state, and federal courts in the Washington, D.C. area and across the country relating to government contracts.
Integral to our counsel is providing advice regarding the special requirements attendant to government contracts, including labor issues, mergers and acquisitions, and maximizing the benefits of the small and disadvantaged business regulations. Our clients rely upon our mastery of the many statutes, regulations (including the FAR and all agency specific regulations, such as the DFARS), and procurement-specific case law that can trap the unwary government contractor. Our attorneys are fully apprised of the issues that affect our clients throughout the firm.
Holland & Hart’s lawyers guide our clients through all stages of protest and claims litigation, specializing in complex, high-stakes disputes. Our track record establishes that we deftly handle first impression and enterprise-critical bid protests at both the U.S. Government Accountability Office and the U.S. Court of Federal Claims, as well as various state-level procurement agencies. In addition to bid protest litigation and dispute resolution, our government contracts team has handled a wide variety of government contracts matters, including bid and proposal review and advice, mergers and acquisitions, suspension and debarment, compliance counseling, intellectual property counseling, crisis management and internal investigations, False Claims Act investigations, and state and local procurement matters. Our Washington, D.C. presence allows us to remain abreast of procurement policy changes and implementation by staying connected at the agency level.
We assist our clients in designing, implementing, and supporting government contracts compliance programs, as well proactive disclosures to relevant agencies and working with suspension and debarment officials to establish a company’s present responsibility. When necessary, we work with clients as they implement Administrative Agreements and ensure future compliance. We also advise clients anticipating corporate transactions of potential downstream suspension or debarment risk related to civil or criminal fraud matters. Our clients also rely upon our counsel regarding violations of grant or loan obligations and environmental laws, such as the Clean Air Act and the Clean Water Act. Our guidance in working cooperatively with suspension and debarment officials has allowed our clients facing serious criminal and civil liability to avoid debarment, thereby ensuring the possibility of future government contracts, transactions, and leases.