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Hilary S. Cairnie

Hilary Cairnie focuses his practice in public contract law, encompassing virtually all aspects of government contract law, including contract formation, performance, administration and enforcement controversies at the federal and state levels. With two engineering degrees and several years experience working as an engineer for various companies, Mr. Cairnie uses his unique technical background to represent clients involved in aerospace, automotive, shipbuilding, transportation, construction, software, medical and healthcare, engineering and research and development endeavors, among others.

Mr. Cairnie negotiates and prepares technology licensing agreements involving patents and trade secrets, copyrights and trademarks. He counsels clients on the unique issues associated with conceptualization and reduction to practice of inventions developed under publicly funded procurement contracts and other agreements, inventions, technical data, computer software and other works. Mr. Cairnie advises clients on the pros and cons of using existing patents and inventions in connection with performance of government contracts and negotiates terms and conditions for their use in meeting government requirements.

Mr. Cairnie’s career highlights include:

• Advising and representing clients in subcontract contract negotiations and dispute resolutions;
• Litigating contract claim appeals and other controversies before the U.S. Courts of Appeal for the Federal and Fourth Circuits;
• Obtaining favorable rulings in connection with pre-award and post-award protests filed with the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC) on behalf of large and small businesses;
• Representing clients working for the Army Corps of Engineers on post-Katrina reconstruction projects throughout the Gulf-region;
• Advising clients that are working in Iraq, Afghanistan, Pakistan, Jordan, Israel and other Middle Eastern countries on projects with DOD, USAID, State Department and other agencies;
• Conducting internal corporate investigations and representing clients in connection with “hotline” reports, as well as criminal, civil and administrative investigations initiated by federal and state authorities and the concommitant legal proceedings; and
• Representing nonprofit clients in connection with non-procurement programs and agreements.

Mr. Cairnie is a member of the Bars of Virginia and the District of Columbia. He is also a member of the Federal Circuit Bar Association, the Federal Bar Association, the District of Columbia and Virginia Bar Associations and the National Contract Management Association (NCMA). He is a frequent public speaker on topics and new developments of interest to the government contracting community, including intellectual property licensing, data rights, patent rights, cost and pricing issues, cost accounting rules and regulations, audit procedures, changes, construction topics, and protests and claim appeals decisions. Mr. Cairnie has regularly appeared before various local, regional and national chapters of the National Contract Management Association (NCMA) and other trade associations.

Mr. Cairnie served as lead intern for the Honorable Roger B. Andewelt, U.S. Court of Claims (COFC), 1988-1989.