The Mission: To utilize legal skills and business judgment to enable our clients to meet challenges and resolve problems arising in today's changing government contracting environment, and to maximize shareholder value, customer goodwill and profitable new business capture.

 

 

Firm History

James McAleese founded the Government Contracts law firm of McAleese & Associates, P.C., in 1992. The Firm's initial focus was on legal aspects of large-dollar classified and unclassified programs within the defense and intelligence communities. From that foundation, the Firm expanded into all aspects of procurement within the Federal contracting community, including Foreign Military Sales and direct foreign sales, White Collar Criminal Law, and High Technology law in such areas as commercial space and aerospace. Mr. McAleese's directed focus on the capture of major programs and profit maximization has resulted in a practice centered on "cradle-to-grave" preemption and/or mitigation of legal conflicts during performance. Such early involvement is geared toward preclusion of illegitimate risk migration to clients. The most obvious benefit is to preserve entitlement to recoup cost overruns and schedule slippages triggered during performance by the Government and third parties, without loss of customer goodwill.

Practice Areas

GOVERNMENT CONTRACTS:

PROCUREMENT PLANNING & STRATEGY

Acquisition Reform

Provide advice on pre-award contract negotiations, bid preparation and proposal strategies, plus the gamut of statutory and regulatory compliance issues.

GOVERNMENT CONTRACTS: COMPLIANCE/CONTRACT ADMINISTRATION SUPPORT

Provide Counselling and Legal Support such issues as:

GOVERNMENT CONTRACTS: NEGOTIATION AND ALTERNATIVE DISPUTE RESOLUTION

Use of ROMs, REAs and ADR to avoid dissipation of customer goodwill

Some of the issues McAleese & Associates have assisted clients in successfully negotiating, without resorting to litigation, include:

GOVERNMENT CONTRACTS: CLAIM PREPARATION AND ADJUDICATION/LITIGATION

We have successfully resolved through negotiation/ADR, or sustained through adjudication/litigation, claims based on:

GOVERNMENT CONTRACTS: BID PROTESTS

McAleese & Associates assists in protests before the:

We have the clearances to represent you in protests of classified contracts as well.

GOVERNMENT CONTRACTS: SUSPENSION & DEBARMENT ABATEMENT

INTELLECTUAL PROPERTY

McAleese & Associates have assisted clients with the following:

WHITE COLLAR CRIMINAL DEFENSE

With increasing pressure by government, Congress, and the public to curb potential abuses in the private sector, corporations must be informed and concerned about business practices that may be misconstrued as "abusive."

McAleese & Associates have represented corporations and their senior management personnel against allegations of:

We also specialize in the use of nondescript vehicles to inoculate contractors against potential qui tams from reductions in force by compartmentalizing and mediating the root source.

ENVIRONMENTAL

Federal, state and local compliance issues can be detailed and complex. McAleese & Associates have assisted companies in complying with, or defending against actions based on:

McAleese & Associates assists companies in developing strategies to craft beneficial "global indemnification" agreements to avoid unnecessary environmental liability by assessing responsibility to the proper parties for environmental contamination.

Develop innovative and equitable solutions to outsourcing and privatization initiatives to ensure that our clients fully capitalize on the new business opportunities associated with shifting work from the public to private sector.
 

FOREIGN MILITARY SALES, DIRECT SALES, & INTERNATIONAL TEAMING

McAleese & Associates serves as the facilitator for forming successful international teaming agreements, assisting foreign military sales, and direct foreign sales by bringing value-added international experience to the table.

McAleese & Associates recognizes that contractors commit to international strategies when they price full-rate production. Consequently, we have developed a variety of creative risk-management strategies to hedge contractor risk and protect program profit should projected foreign military sales and direct foreign sales fail to fully materialize.

NASA/COMMERCIAL SPACE

Regulatory agencies have sought to control the dynamic advancements of the Information Age by trying to impose boundaries on the evolution of technology. These agencies may strive for fair and just regulations; however, with ever-changing technology, their regulations may become obsolete as soon as they are issued. When it comes to regulated technology issues this fluid, assets need to be wisely allocated. McAleese & Associates have experience dealing with the complexities of commercial space law, in addition to the areas of aerospace, missiles, and orbital satellites.

McAleese & Associates recognizes the booming commercial remote sensing market, and the possible perils contractors may encounter when exploring or transacting business in this market. Issues such as copyright, patent, and trade secret protection, teaming agreements, joint ventures, merger and acquisition, technology licensing, export controls, FCC and spectrum availability, non-competition agreements, and a variety of other contract issues, are all areas that could possibly hinder a company's advancement into this growing commercial market. We have the experience to facilitate growth in the commercial remote sensing market.

MERGERS & ACQUISITIONS

We actively facilitate mergers and acquisitions when at least one of the parties is a government contractor. In doing so, we have addressed such issues as:

FISCAL LAW & LEGISLATIVE AND REGULATORY COUNSELLING

We bring additional value added by crafting creative strategies to exploit Fiscal Law issues, plus Legislative and Regulatory Developments.

For example, we have enabled clients to (1) negotiate a "win/win" resolution of apparent fiscal law limitations by providing the legal analysis to support changing the "color of money"; and (2) dissuade Congress from imposing a retroactive bar on the allowability of defense restructuring costs on the basis of new case law.

 

For More Information, Please Contact:

McAleese & Associates, P.C.

Counsellors in Law and Business

7901 Jones Branch Drive, Suite 310

McLean, Virginia 22102

Tel: (703) 917-8900 | Fax: (703) 917-8911

Disclaimer.
For more information about McAleese & Associates, send mail to Andrea Comes.
If you have any questions or comments about this web site, e-mail acomes@mcaleese.com.
Copyright © 2001 McAleese & Associates.
Last modified: May 2, 2001