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Morrison & Foerster’s Rick Vacura and Charles Capito will provide participants a synopsis of the issues arising in the context of mergers and acquisitions of government contractors with security clearances or with access to export controlled information.

The presentation will cover briefly the basics of government contracts due diligence, including novation, small business issues, and compliance. Rick and Charles will focus, however, on the nuanced and potentially delicate questions arising when acquiring companies with sensitive government customers. These are especially important questions when the acquiring party is foreign or is under foreign ownership or control. Parties to such transactions will understand how these factors can affect the deal timetable, and the parties’ expectations concerning the viability of the transaction and risks posed by the government’s potential efforts to mitigate the acquirer’s involvement in the U.S. business.

The intended audience for this presentation includes inside counsel and executives of government contractors and subcontractors, and counsel or executives at strategic or financial investors. 
About Our Presenter...
Richard Vacura, Attorney
Morrison & Foerster

Richard Vacura is Co-Chair of the firm's Government Contracts Practice.  Mr. Vacura is an experienced trial lawyer who has litigated cases involving major weapons and space systems, software development, communications systems, prime/subcontract disputes, bid protests, injunctive suits, procurement fraud, FOIA actions, and the Federal Tort Claims Act. He has in-depth experience conducting internal investigations involving false claims and Foreign Corrupt Practices Act violations, and defending suspension and debarment actions.
Mr. Vacura regularly serves as the primary government contracts counsel and transactional attorney to clients that range from start-ups to major public companies, providing due diligence reviews for domestic and foreign acquisitions, drafting and negotiating teaming and joint venture agreements, counseling on novation and assignment issues, technical data and nondisclosure agreements, export control, small business, international anti-corruption, national security, and standard domestic and international solicitations and contract/subcontract terms and conditions.
Mr. Vacura has lectured and conducted seminars on a variety of federal procurement topics for eGov, Federal Publications, the Contract Services Association of America, the Council of Defense & Space Industry Associations, the National Contract Management Association and various Department of Defense organizations.

Mr. Vacura has held leadership positions in the American Bar Association's Public Contract Law Section, including the Contract Claims and Disputes Resolution Committee and the International Procurement Committee. He was named a Top Government Contracts Lawyer by the Washington Business Journal and is recommended as a leading lawyer by Chambers USA and Best Lawyers in America.

Mr. Vacura entered private practice after serving as a major in the U.S. Air Force Judge Advocate General's Department. 
About Our Presenter ...
Charles Capito, Attorney
Morrison & Foerster

Charles Capito assists Government Contractors with a variety of litigation issues, with a focus on pre- and post-award bid protests, and contract claims and disputes. He has extensive experience at the Government Accountability Office, the Court of Federal Claims, the boards of contract appeals, and other judicial and administrative tribunals. Charles counsels clients on a variety of Government Contract issues, including prime- and subcontractor disputes, organizational conflicts of interest, small business issues, and compliance with federal procurement regulations. 

Charles assists the national security and transactional practices with issues concerning various compliance regimes, including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), the Committee on Foreign Investment in the United States (CFIUS), sanctions administered by the Office of Foreign Assets Control (OFAC), and issues concerning Foreign Ownership, Control, or Influence (FOCI). He has experience in many facets of government contracts mergers and acquisitions.

Charles graduated cum laude from Washington & Lee University School of Law, where he served as senior articles editor of the Washington & Lee Law Review and received an award for Outstanding Student Note for his piece on the ITAR’s registration requirements. He received his Bachelor of Arts degree from Duke University.

Prior to joining the firm, Charles served as a law clerk to the Honorable Mary Ellen Coster Williams at the United States Court of Federal Claims and worked as an associate at Jenner & Block LLP