Fernand A.Lavallee (Fern)

担当案件

The following represents experience acquired prior to joining Jones Day.

Counseled major provider of computer-assisted business and legal research services regarding cybersecurity-related risk management, compliance requirements, and incident notification under contracts with a major civilian federal agency.

Represented commercial item manufacturer regarding incident notification, risk management and compliance as the result of a state-sponsored cyber breach of the contractor's information technology system.

Represented enterprise software manufacturer with respect to efficient and effective risk management and compliance with U.S. Department of Defense cybersecurity requirements.

Represented individual employee of a government contractor in opposition to a Show Cause for Suspension/Debarment issued by the U.S. Air Force. Succeeded in securing a "No Further Action" letter for the client.

Obtained a U.S. Customs and Border Protection (CBP) advisory ruling regarding country of origin of imported software involving substantial transformation (under the Trade Agreements Act of 1979 [TAA]) of computer software with source code written in a nondesignated country (China) is "substantially transformed" in the country where the software was compiled (or "built") and converted into object code. This was the first CBP advisory ruling addressing where downloaded software is "substantially transformed" under the TAA.

Represented several clients before the Department of Homeland Security (DHS) to obtain SAFETY Act liability protection through the Designation or Certification of the client's Qualified Anti-Terrorism Technologies (QATTs).

Obtained a temporary restraining order (TRO) preventing the U.S. Army Corps of Engineers from issuing any task orders and requiring suspension of performance of the contract until resolution of a Court of Federal Claims post-award protest. This action was after the client's protest before the Government Accountability Office (GAO) was denied. The TRO facilitated the negotiation of a favorable resolution that included contract and task order awards to the client.

Protest sustained in challenge to the Army's improper limitation of discussions during implementation of corrective action in a protest.

Successfully opposed an application for a temporary restraining order (TRO) and permanent injunction seeking to nullify the Army's override of the statutory stay of contract performance in a GAO protest against the award of the contract to the client.

Successfully intervened to defend the award by the Veterans Administration of a bridge contract to client for an electronic commerce and acquisition system.

Successfully intervened to defend the award to the client of a blanket purchase agreement (BPA) to provide government-wide delivery services.

Defended a government contractor and manufacturer of defense articles in an action brought in the U.S. Federal Court for the Eastern District of Virginia against claims of copyright infringement with respect to software that was developed and delivered by another contractor under a federal government contract.

Won costs of pursuing a protest before the GAO after the Navy took corrective action following an outcome predictive ADR but refused to pay the building services client's legal fees.

Protest sustained in challenge to the exclusion of a government contractor from the competitive range in a solicitation seeking services for the Internal Revenue Service.

Successfully defended the award of an other transaction agreement (OTA) by the Defense Advanced Research Projects Agency (DARPA) to a consortium in the first reported GAO protest decision challenging the award of an OTA.

Successfully resolved a dispute between two federal contractors arising from a teaming agreement, following the failure of the parties to negotiate a subcontract.

Testified at trial before a jury as an expert witness on intellectual property and small business issues in federal government contracts (called by the defense) in a dispute between two federal contractors that was heard in state court in Maryland. The jury found in favor of the defense on all nine counts in the trial.