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Mark J. Maier

Mark J. Maier

Partner
National Security, Government Contracts & Regulatory Compliance Department

Washington, DC
T: +1 202 682 3589
F: +1 202 682 3580


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Legal Services

Education

  • Suffolk University Law School
    JD, magna cum laude, 2000, with Distinction in High Technology Law, Dean’s List
  • Pennsylvania State University
    BSEE, 1987, Dean’s List, 4 year Army ROTC Scholarship

Bar Admission(s)

  • District of Columbia
  • Massachusetts
  • Virginia

Mark J. Maier applies his US Army, electrical engineering and business background to negotiating contracts, counseling, settling disputes and obtaining regulatory compliance and approvals for government contracts, critical infrastructure and international trade. He concentrates on highly classified government contracts, transactions for telecommunications, technology and energy, and matters subject to the Federal Communications Commission (FCC), Committee on Foreign Investment in the United States (CFIUS) and National Industrial Security Program Operating Manual (NISPOM). Mark is a partner in the firm’s National Security practice which assists clients in growing their government and commercial businesses while protecting assets from foreign, domestic and internal threats. He holds a current security clearance and is CIPP/US, COR and MCSE certified.

In addition to his legal work, Mark is a colonel in the US Army Reserves and the US Army’s emergency preparedness officer for the state of Maryland where he works with FEMA, the National Guard and other agencies to improve homeland security. Previously, Mark was the battalion commander of a tactical line unit and served in special operations, intelligence and conventional units. He has substantial experience creating and operating intelligence community (IC) platforms as a member of a special mission unit (SMU) and special access programs (SAP). While called back to active duty for tours in Afghanistan and Iraq, Mark was the J6 (aka CIO) for his joint interagency task force and responsible for all communication soldiers and systems used to conduct hundreds of successful raids against high-value targets. He has a Bronze Star, is an Airborne Paratrooper and completed SERE Level C high risk training.

Prior to his legal career, Mark was a practicing electrical engineer and business executive. He started his career in charge of telecommunication quality assurance teams evaluating troposcatter and line-of-sight transmission systems for the US Army’s Information Systems Engineering Command–Europe. He also designed networks and configured applications for Aage Hempel International A/S in Denmark and Datacraft Australia Pty Ltd in Australia, and started an early generation systems integration business for Digital Equipment Corporation in Boston.


Government Contracts

  • Negotiated 50 year electricity and gas utility privatization contracts including creating new provisions with DLA governing system disposition and clawing back post termination costs due to a BRAC closure.
  • Successfully intervened in opposition to a protest of a TS/SCI data exploitation contract and prevented additional awardees, reconsideration and any other corrective action.
  • Negotiated for the generation, transmission, distribution and sale of geothermal, bio steam, solar and wind energy to the US Government under Marine Corp energy savings performance contracts (ESPC), Army multiple award task order contracts (MATOC), Navy power purchase agreements (PPA) and GSA areawide contracts.
  • Counseled on energy resiliency, microgrids, security enclaves, proximity based threat prioritization, etc.
  • Unwound a business purchase due to a denial of the novation request, including transferring employees, intellectual property, assigned contracts, ongoing business and capital assets.
  • Successfully protested a DHS sole source purchase of smart phones and obtained the inclusion of the client manufacture back into competitive consideration.
  • Contracted with the DOE’s national labs to conduct research and development of deep geothermal, biothermal and off shore wind energy under agreements for commercializing technology (ACT), cooperative research and development agreements (CRADA), works for others (WFO) agreements and assistance agreements (AA).
  • Counseled intelligence community (IC) and classified government contractors on assessments, valuations, diligence, subcontractor disputes, setting up alliances and developing market strategies.

International Trade

  • Mitigated FOCI risks, negotiated terms and ensured for the ongoing compliance with CFIUS and NISPOM requirements for the US subsidiary of an Asian entity operating under a National Security Agreement (NSA), a Special Security Agreement (SSA) and TS/SCI contracts.
  • Counselled international investment fund with European and Asian members on the acquisition of a US entity potentially subject to CFIUS review.
  • As part of an outsourcing to an offshore provider, conducted highly sensitive TS/SCI national security investigations and remediation of data security issues subject to NISPOM compliance requirements.
  • Counseled M4 machine gun and M203 rocket propelled grenade launcher manufacture on foreign military sales (FMS) requirements, investigations and compliance actions.

Telecom, Tech, IP, Cyber and Transportation

  • Avoided tens of millions of dollars in forfeitures and negotiated a settlement with the FCC in connection with the transfer of spectrum as part of an M&A spin off.
  • Negotiated billion-dollar IT, nuclear, data center and business process outsourcings, including development of customized data security provisions.
  • Contracted for the purchase, transition and certification of a Payment Card Industry Data Security Standard (PCI DSS) compliant system.
  • Conducted parallel negotiations against US and European carriers for voice and data services at hundreds of international locations.
  • Contracted for the designed and implementation of large container port logistics systems using RFID, OCR, GPS and WiFi.
  • Obtained FCC narrowband waivers for, and guided the implementation of, an urban public safety distributed antenna systems (DAS) and an underground SCADA system.
  • Negotiated Oracle, SAP and other ERP systems and cloud services.
  • Implemented wireless broadband service and substantial educational use of licensed frequencies as part of a FCC de facto spectrum transfer lease.
  • Developed options and recommended solutions to implement nationwide e911 services.
  • Acquired voice, video and data services for REITs, including service details, fee structures, specifying demarcations and ensuring for compliance with FCC regulations and ancillary tax requirements.
  • Developed new Department of Transportation compliant truck safety product and services.
  • Created supply chain, manufacturer, reseller, developer and grant agreements for medical analytics, patient-reported outcome and imaging equipment providers.
  • Negotiated terms for the compliance with European Safe Harbor, Standard Contractual Clauses and Binding Corporate Rules for the procurement of cloud based international HR SaaS services and international pharmaceutical products.