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VINCENT J. NAPOLEON

Vince Napoleon focuses his practice on corporate transactions, government contracts, mergers and acquisitions and life sciences. He counsels clients on compliance matters as well as litigation and GAO protests.

What do you focus on?

View from inside

I served as general counsel of major divisions of Fortune 100 companies for more than 25 years. In that capacity, I gained valuable insight into the client perspective in corporate transactions and government contracting having guided clients through a number of significant transactions including public finance deals and public-private partnership transactions. I also served as general counsel of two publicly held companies (a pharmaceutical-related company and a biotechnology company) where I was a member of senior leadership teams and advised and counseled boards of directors.

Industry knowledge

As GC, I provided business and legal solutions in various industries, including aerospace, manufacturing, software, professional services and life sciences. This wide ranging industry experience allows me to be a true business advisor.

International

As a private attorney, I represent clients domestically and throughout Europe, Asia, Africa, Latin America and Australia. I counsel clients on SEC-related issues, mergers and acquisitions, cross-border transactions, regulatory compliance (including Sarbanes-Oxley compliance) and corporate governance issues. I’ve also represented clients in litigation involving patents, trademarks, other intellectual property and high technology.

Government contracts

As a retired Air Force Colonel and senior member of the staff of the Air Force’s Deputy Assistant Secretary for Contracting and as the former Senior Contracting Official for the Air Force District of Washington, I help clients address issues related to acquisition planning, source selections, Competition In Contracting Act (CICA), Truth In Negotiations Act (TINA), cost or pricing data, cost contracting, DCAA audits, international contracting, foreign military sales, Foreign Corrupt Practices Act (FCPA) and antibribery compliance and export controls, in addition to issues related to Committee on Foreign Investment in the United States (CFIUS) and foreign ownership, control or influence (FOCI).

What do you see on the horizon?

I see opportunity to assist clients in maximizing economies and efficiencies on myriad corporate and business-related issues. Sequestration and resulting consolidation issues are another area I’m watching, as they affect the businesses of government contractors. And the life sciences industry is facing evolving regulatory landscapes as a result of the growth shift to overseas locations and the increasing competitive pressure from generics.

Publications and presentations

  • United States,” The Franchise Law Review, 2d edition, chapter 46, Law Business Research Ltd., January 2015 (co-author)
  • “Growing potential for P3 infrastructure development in Cuba,” Public-Private Partnership Alert, January 2015
  • “Enhancing competition through new DOD guidelines,” Government Contracts Alert, September 2014
  • “Defense and intelligence contractors need to take these three steps to meet new cybersecurity requirements,” Government Contracts Alert, August 2014
  • “Backlog of business system audits prompts DoD proposed rule for contractor self-assessment,” Government Contracts Alert, August 2014
  • “DoD final rule for the detection and avoidance of counterfeit electronic parts impacts contractors' operations,” Government Contracts Alert, June 2014
  • “Understanding Federal Contract Compliance,” NCMA World Congress, Washington, DC, 2014
  • “‘Reprocessed’ and the Berry Amendment: When Domestic Preference Turns a Blind Eye to Common Usage,” The Procurement Lawyer, Volume 49, Number 3, Spring 2014
  • “Public sector improvements are coming and other key takeaways from the Africa PPP Conference & Showcase,” Africa Alert, January 2014
  • “Investors: prepare now to take advantage of African public-private partnerships in 2014,” Africa Alert, December 2013
  • “Defective Pricing: Truth In Negotiations Act (TINA) Compliance,” NCMA Government Contract Management Symposium, Washington, DC, 2013
  • “DCAA’S Access to Contractor Internal Audit Reports and Related Materials,” NCMA World Congress, Nashville, TN, 2013
  • “Defense Contract Audit Agency’s Access to Contractor Internal Audit Reports: Is Newport News Still the Standard?” Public Contract Law Journal, Volume No. 42, Issue No. 3, Spring 2013.
  • “DCAA Guidance: Access to Internal Audits,” NCMA Audits Virtual Conference, Webinar, 2013.
  • “Understanding Government Contract Audits,” NCMA World Congress, Boston, MA, 2012.
  • “The Impact of Global Patent and Regulatory Reform on Patent Strategies for Biotechnology,” International BIO Forum & BIO Expo, Tokyo, Japan, 2008. (Speaker)
  • “The Impact of Global Patent and Regulatory Reform on Patent Strategies for Biotechnology,” U. Pitt. J. Tech. L. & Pol’y 3, 2008. (Author)
  • “District Court Blocks USPTO’s Bid to Revamp Patent Rule,” Intellectual Property Today, April 2008. (Author)
  • “Patent Rules Would Impede Innovation,” Washington Technology, 10 December 2007. (Author)
  • “IP Protectors, Patents Take Center Stage in Business Litigation and the Global Business Environment,” InsideCounsel, July 2006. (Author)
  • “The 21 st Century GC, Today’s General Counsel Must Strive to Develop C-Suite Skill Sets,” InsideCounsel, March 2006. (Author)
  • “The Government Contractor Defense: Its Implications in the Wake of Boyle v. United Technologies Corporation,” National Contracts Management Journal, Summer 1989. (Author)
  • “An Annotated Bibliography of ‘Lemon’ Law and Other Related Publications,” The Journal of Law and Commerce, 1984. (Author)

Media Clips

  • A Look at IRS Plan for Contracts with Foreign Contractors
    Law360 | May 1, 2015
    Washington, DC, partner and leader of the firm’s Government Contracts team Vince Napoleon and Washington, DC, M&A and Corporate Transactions associate Rob Trott coauthored this article discussing the Internal Revenue Service’s proposed regulations related to the assessment of a foreign contracts excise tax.
  • The Rising Tide of Suspensions and Debarments in Government Contracts
    Government Contracting Law Report | May 1, 2015
    Washington, DC, partner and leader of the firm’s Government Contracts team Vince Napoleon and Rochester Commercial Litigation counsel Kevin Saunders coauthored this column, the first of two in this series, on how the current environment is increasing the number of suspensions and debarments among government contractors.
  • Growing Potential for P3 Infrastructure Development in Cuba
    Law360 | January 30, 2015
    Washington, DC, Commercial Litigation and Government Contracts partner Vince Napoleon and Washington, DC, IP Litigation staff attorney Diana Vilmenay authored this column on the potential impacts of new developments in U.S./Cuba relations on Cuban infrastructure growth.
  • . . . View all . . .
  • Insights on DOD's Final Counterfeit Parts Rule
    Law360 | December 15, 2014
    Washington, DC, Commercial Litigation partner Vince Napoleon and Washington, DC, IP Litigation staff attorney Diana Vilmenay authored this column discussing the Department of Defense’s counterfeit parts rule.
  • Mitigating the Risk of Contractor Ethics and Compliance Violations
    Contract Management | November 14, 2014
    Washington, DC, Commercial Litigation and Government Contracts partner Vince Napoleon authored this article discussing consequences government contractors could face for failing to meet compliance and ethics obligations.
  • DOD Focusing On Competition: What Contractors Should Know
    Law360 | September 8, 2014
    Washington, DC, Government Contacts and Commercial Litigation partner Vince Napoleon and Washington, DC, Commercial Litigation associate Katherine Bastian discuss new Department of Defense guidelines which contain various techniques and examples for developing acquisition strategies that combat constraint on competition.
  • 3 Cybersecurity Steps Defense Contractors Need To Take
    Law360 | August 5, 2014
    Washington, DC, Government Investigations & White Collar Defense partner Grayson Yeargin, Washington, DC, Commercial Litigation and Government Contracts partner Vince Napoleon and Washington, DC, Commercial Litigation associate Katherine Bastian discuss steps companies doing business with the government should take as they are facing new cybersecurity requirements.
  • "Reprocessed" and the Berry Amendment: When Domestic Preference Turns a Blind Eye to Common Usage
    Procurement Lawyer | March 21, 2014
    Washington, DC, Commercial Litigation and Government Contracts partner Vince Napoleon and Washington, DC, Commercial Litigation associate Angela Buckner authored this column discussing the Berry Amendment, which requires the Department of Defense to give preference in procurement to domestically produced, manufactured, or home-grown products.
  • People on the Move
    Washington Business Journal | February 4, 2014
    This coverage notes that Washington, DC, Commercial Litigation & Government Contracts attorney Vince Napoleon has been elected to the firm’s partnership.
  • Policy Change Puts Past Performance in Spotlight
    Washington Post | August 19, 2013

    Washington, DC, Commercial Litigation and Government Contracts counsel Vince Napoleon discusses a new federal policy standardizing past performance information so that agencies can share similar information about how well contractors completed past work.

  • Defense Contract Audit Agency's Access to Contractor Internal Audit Reports
    Public Contract Law Journal | June 1, 2013

    Washington, DC, Government Contracts and Commercial Litigation counsel Vince Napoleon and Washington, DC, Commercial Litigation associate Shanelle Henry authored this column addressing the question of whether United States v. Newport News Shipbuilding & Dry Dock Co. continues to be the standard for guiding the Defense Contract Audit Agency (DCAA) auditors’ access to internal audit materials.

  • Q&A With Nixon Peabody's Vincent Napoleon
    Government Contracts Law360 | March 7, 2013

    This Q&A profiles Washington, D.C. commercial litigation and government contracts counsel Vince Napoleon.

  • Contractors Wary as DCAA Seeks More Internal Documents
    Washington Post | September 10, 2012

    Washington, DC, commercial litigation and government contacts counsel Vince Napoleon provides third-party commentary in this article on the new guidance issued by the Defense Contract Audit Agency (DCAA) meant to help its auditors access contractors’ internal documents.

Ideas

Foreign contractors beware: notice of proposed rulemaking for tax on certain foreign procurement contracts
Government Contracts Alert | April 30, 2015

Growing potential for P3 infrastructure development in Cuba
Public-Private Partnerships Alert | January 28, 2015

. . . View all . . .

Enhancing competition through new DOD guidelines
Government Contracts Alert | September 4, 2014

Defense and intelligence contractors need to take these three steps to meet new cybersecurity requirements
Government Contracts Alert | August 5, 2014

Backlog of business system audits prompts DoD proposed rule for contractor self-assessment
Government Contracts Alert | August 1, 2014

DoD final rule for the detection and avoidance of counterfeit electronic parts impacts contractors' operations
Government Contracts Alert | June 25, 2014

"Reprocessed" and the Berry Amendment: When Domestic Preference Turns a Blind Eye to Common Usage
May 13, 2014

Public sector improvements are coming and other key takeaways from the Africa PPP Conference & Showcase
Africa Alert | January 16, 2014

Investors: prepare now to take advantage of African public-private partnerships in 2014
Africa Alert | December 17, 2013

New SBA contracting regulations expand small businesses' opportunities
Government Contracts Alert | November 27, 2013

Pan-African infrastructure development means future investment opportunities and new public-private partnerships
Africa Alert | November 12, 2013

Defense Contract Audit Agency's Access to Contractor Internal Audit Reports: Is Newport News Still the Standard?
Government Contracts Alert | July 9, 2013

Defense Contract Audit Agency's Access to Contractor Internal Audit Reports: Is Newport News Still the Standard?
June 13, 2013

Continued uncertainties surround sequestration
Government Contracts Alert | February 13, 2013

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