News Article

James Kearney is an experienced government contracts attorney who joined the Northern Virginia office of Womble Carlyle last year after 28 years at Reed Smith. Jim's practice is focused in the areas of government contracts, export controls, and international trade -- all rapidly changing aspects of the law. Jim represents government contractors in all areas of public procurement. Jim is a graduate of the University of Virginia School of Law.

Jim was recently interviewed by Jonathan Groner, senior communications counsel for Womble Carlyle, on the rapidly changing world of government contracts law. The following is a transcript of their interview.

Q: You've practiced government contracts law in the Washington, D.C., area for a couple of decades. What are the most important ways in which your practice has changed in this period? How have changes in the economic, public sector, and business environment affected your practice?

JK: My practice has had to change to accommodate major changes in the government marketplace over the past couple of decades -- from the government's shopping list, to the number and types of companies seeking to sell to the government, to the rules governing the marketplace. The government's needs are many and complex now, and there is a heavy emphasis on research and development of new technologies, not just for the military services but also for infrastructure protection, intelligence, environment management, and space.

This has brought forth a variety of entities to the government marketplace that had never before done business with the government -- universities and research institutions, emerging companies with innovative intellectual property, as well as the traditional companies with defense, electronics and more traditional government products. Also, the federal government has changed its procurement rules, emphasizing where possible commercial acquisition, schedule contracting, and multiple award contracting, and expanding its ability to engage in other transactions not subject to typical procurement regulations.

Q: Now that the government is investing heavily in research and development of new technologies, does a good government contracts lawyer these days have to know a lot about intellectual property -- or does the government contracts lawyer at least need to be able to quickly bring his or her colleagues into a matter as IP specialists?

JK: Being able to assist a government contractor manage and protect its intellectual property when working with the government requires a thorough knowledge of federal procurement regulations and statutes, and how they affect the rights of contractors when using or developing technology under a contract with the government. It is easy to "lose" exclusive rights to intellectual property developed under a government contract and one can sometimes even lose intellectual property developed at private expense but only used in performance of the contract.

Statutory and regulatory provisions create various degrees of government rights in intellectual property depending upon the contract clauses agreed to. Knowing the laws and regulations, and reviewing contract provisions carefully before the contract is executed, is critical to helping clients avoid the unintended loss of exclusive ownership of privately-funded technology and maximize their rights to technology funded under the contract. And there is no doubt that having first-class intellectual property lawyers available is key to effectively working with the government, and with clients, on these issues.

Click here to read part II of Jonathan's interview with Jim Kearney.

If you are interested in discussing government contracts, export controls, international trade or other related issues, please contact Jim at (703) 394-2214 or other members of the Construction and Government Contracts Group at Womble Carlyle.

- By Jonathan Groner