Acquiring a Company with Government Contracts: A Checklist of Unique Issues and Considerations

Date: May 19, 2009, 11:00 am EST

Description (Print)

Course Materials: Download Course Material

Acquisitions involving government contracts - whether the seller is a full-time government contractor or a commercial company with just a few government contracts - present unique issues. These issues must be properly examined during the due diligence process and carefully considered when structuring the purchase agreement. Failure to identify and address unique government contract issues can result in unwelcome and costly surprises after the acquisition closes, e.g., premature termination of the seller's key government contracts, inability to restrict competitors fromusing the seller's key intellectual property assets or assessment of large fines for the seller's pre-close compliance violations. This webinar will address the key issues to consider when acquiring a company with government contracts, including:

  • Asset Purchase vs. Stock Purchase
  • "Small Business" Contracts
  • Special GSA Schedule Contract Considerations
  • Intellectual Property Rights
  • Organizational Conflicts of Interest
  • Foreign Ownership
  • Compliance Risks and Extraordinary Penalties
  • Government Assignment/Novation Process

Bill Shook, Kelley Doran and Matt Koehl will present at this complimentary webcast. Bill Shook is co-author of Government Contract Law 2 ed. and has over 30 years of government contracts experience, including over 20 years as the Chair of the Government Contracts Group at Preston Gates (now K&L Gates). Kelley Doran has been counseling government contractors since 1995 and prior to forming Shook Doran Koehl LLP had been a partner at K&L Gates LLP since 2002. Matt Koehl was also previously a partner at K&L Gates LLP and, before that, Vice President, General Counsel for MicronPC Government, then a Top 5 GSA Schedule contractor.

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