M&A Deals Involving Government Contractors: Conducting Due Diligence and Mitigating Risks Under Increased Oversight

Mr. Jorgensen is a recognized thought leader in the area of public procurement law with a particular focus on assisting contractors with M&A transactions, including the evaluation of key compliance considerations and related risks. His practice with regard to government contractor M&A transactions involves drafting and negotiating transaction documents, leading due diligence reviews, assessing the strength of contractor compliance systems and assisting with integration activities. Often in connection with this work, Mr. Jorgensen counsels on national industrial security matters, including strategies for mitigating Foreign Ownership, Control or Influence. Additionally, he regularly litigates high-stakes bid protests before the Government Accountability Office and the Court of Federal Claims. Mr. Jorgensen frequently teaches and publishes on bid protest procedures, theories and strategy.

Ms. Yi represents businesses across a broad range of sectors as they move through the contracting process with federal, state and local governments, and when they engage in international transactions. She counsels public and private companies on day to day compliance challenges, and supports clients in responding to criminal and government investigations. Ms. Yi is a regular contributor to the firm’s Government Contracts & International Trade Blog, where she provides insight on the demanding and ever-changing regulatory environment. She rejoined the firm in 2024 after serving as a Senior Attorney, U.S. Public Sector, with IBM

Mr. Wagman heads the firm’s Government Contracts Practice. For more than 20 years, he has been a trusted advisor to clients of all sizes in a broad range of industries in all facets of conducting business with the government including government contracts, grants, and other federally-funded projects. His experience ranges from representing companies in litigation matters before courts and administrative tribunals to advising clients and corporate counsel in transactional matters and regulatory compliance. Mr. Wagman has deep transactional experience and regularly acts as co-counsel advising clients and transactional attorneys on the unique regulatory requirements and risks applicable to the federal marketplace. He regularly represents buyers, sellers and investors in corporate transactions involving government contractors, including conducting due diligence, advising on appropriate deal terms and addressing statutory and regulatory requirements related to transfers. Mr. Wagman has also advised creditors and borrowers in financing and restructuring transactions. He has represented companies in several transactions involving classified contracts and advised on foreign acquisitions requiring foreign ownership, control or influence  mitigation procedures. Additionally, he regularly counsels companies on day-to-day contract matters including government IP issues and unique corporate compliance requirements.