Ronald Henry leads the Government Contracts and Export Compliance Practices and focuses on the prevention and early detection of problems.
In matters where litigation involving a contract formation dispute cannot be avoided, Ron brings extensive, successful experience in representing incumbents, challengers, awardees, and disappointed bidders in “bid protest” type litigations. In the area of contract performance, Ron has placed particular emphasis on issues relating to disclosure requirements (e.g., the Truth in Negotiations Act), cost-accounting requirements (FAR cost principles and cost accounting standards), and compliance with contract certifications and specifications. Ron emphasizes early intervention to seek negotiated, rather than litigated, resolutions. He has also successfully litigated contract claims in the United States Court of Appeals for the Federal Circuit, the United States Court of Federal Claims and agency boards of contract appeals.
In matters of export compliance, Ron advises clients on licensing; classification and commodity jurisdiction, including appeals of commodity jurisdiction determinations; compliance; and voluntary disclosures. In the merger and acquisition context, Ron helps clients understand the impact of the multiple regulatory regimes in connection with risk and valuation of targets, and provides due diligence reviews of compliance programs.
Ron regularly advises clients on import and export trade compliance, including US trade sanctions and embargoes, in matters before the US State Department, US Department of Commerce and US Treasury Department Office of Foreign Assets Control. Ron frequently assists clients in conducting and assessing due diligence relating to mergers and acquisitions, joint venture relationships, and other business collaborations. Ron assists clients in quickly determining the nature and scope of the problem, recommend and help implement effective remediation, and evaluate disclosure options or requirements.
Ron has also worked extensively with clients to develop procedures to prevent or detect irregularities, and to represent the interests of clients who have become the subject of an investigation or accusation by an audit agency (e.g., the Defense Contract Audit Agency), an inspector general, the Department of Justice, Department of State, Department of Commerce and Department of Treasury.