Lawyer Bio : James K. Kearney

James K. Kearney

Tysons Corner

Mr. Kearney has over twenty-five years’ experience representing clients in matters involving government and international contracting, regulatory compliance, internal investigations, and enforcement proceedings. His practice focuses on helping clients assess and manage the unique risks involved in global marketplaces and supply chains, and with selling to government entities. He is a member of the Firm’s Economic Stability and Solutions Team, advising clients regarding the U.S. Government’s implementation of the Emergency Economic Stability Act and the Troubled Asset Relief Program. Mr. Kearney represents regulated entities in the public procurement, export/import, financial, pharmaceutical, life sciences, defense, electronics, technology, and university/research sectors. His experience includes:

  • Counseling clients on government contract bids and proposals, and contract drafting, negotiation and interpretation. 
  • Advising clients on teaming agreements, joint ventures, mergers and acquisitions, and novations. 
  • Representing clients with respect to government contract disputes, including bid protests, termination disputes, subcontractor disputes, and inspector general and grand jury investigations of false claims allegations. 
  • Assisting clients’ development of internal compliance programs, policies and procedures, and conducting internal investigations, compliance audits, and training.
  • Representing clients in administrative rulemaking, licensing, and enforcement proceedings involving export controls, economic sanctions and embargoes, anti-boycott laws and Foreign Corrupt Practices Act. 
  • Advising clients on rights in technical data, trade secrets and other intellectual property under government contracting. 
  • Advising foreign clients on Exon-Florio; foreign ownership, control and influence; and the classified industrial security clearance program.
  • Representing clients in proceedings before the International Trade Commission, the U.S. Trade Representative, U.S. Departments of Commerce and State, U.S. Customs and Border Patrol, the U.S. Court of International Trade, and the U.S. Court of Appeals for the Federal Circuit. 
  • Advising companies regarding regulatory compliance for global supply chains, including customs and trade regulations.

Admitted to Practice
Admitted to the bar, 1976, Virginia; 1976, District of Columbia. Admitted to practice before the U.S. Supreme Court; U.S. Court of Appeals, D.C. and Federal Circuit; U.S. Court of Federal Claims; U.S. Court of International Trade; U.S. District Court, District of Columbia; Virginia Supreme Court; D.C. Court of Appeals.

Selected Professional Activities
Vice Chair, ABA Section of International Law, Defense & Aerospace Committee, 2004-present; Arbitrator for the Arbitration Institute of the Stockholm Chamber of Commerce, 2001; Adjunct Professor of Law, International Dispute Resolution, George Mason University Law School, 1994-2000.

Additional Biography Info

Click on the headings below to view details

Close

Education

J.D., University of Virginia, 1976; B.A., University of Pittsburgh, 1973.

Prior Legal Experience

Partner, 1985-2004, Associate, 1976-1984, Reed Smith, Washington, DC.

Additional Information

Recent Presentations/Publications
  • Is Your Company Unknowingly an Exporter?, Association of Corporate Counsel (2008).
  • The National Defense Authorization Act’s Green Procurement Policy: The “Greening” of the Defense Supply Chain, ABA Aerospace & Defense Industries Committee, Paper No. 02/2008.
  • Your Role in the Life of Government Funding Agreements, Womble Carlyle Seminar Series (2007-2008).
  • International Business Compliance Issues, Northern Virginia Technology Council (2007).
  • Preparing Your Company for Federal Spin In: The Practitioner's Perspective, Virginia Center for Innovation Technology (2005).
  • International Public Procurement--Legal and Practical Insights for Investors, ABA Section of International Law (2004).
  • Export Control Regulations and Foreign Nationals in University Research, National Association of College & University Attorneys (2004).
  • Do You Need Export Licenses for Your Employees?, Information Technology Association of America (2004).
  • Do Due Diligence for Acquisitions: Don't Buy an Enforcement Action, The Export Practitioner (September 2003).
  • Procurement Law & Compliance: The Rules of the Road, U.S. Department of Energy, Small Business Conference (2002).
  • Where the Bodies Lie Buried: Updating Your Compliance Program after Enron, National Contract Management Association (2002).
  • Benchmark Compliance Practices to Ensure Conformity with Updated Trade Regulations, World Research Group (2002).
  • International Contracting Law, International Development Law Institute, Rome, Italy (2001).

Areas of Proficiency

  • Public Contract Law
  • Government Contracts Litigation
  • Emergency Economic Stabilization Act
  • Homeland Security
  • International Trade
  • Customs
  • Global Supply Chains
  • Export Controls
  • Economic Sanctions
  • Antiboycott
  • FCPA
  • Internal Investigations
  • Government Investigations
  • Enforcement Proceedings
  • Internal Compliance Programs