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Nicholas A. Leibham

Partner
+1.202.778.9284
Fax +1.202.778.9100
+1.949.253.0900
Fax +1.949.253.0902

Nick Leibham is a partner in the firm’s Washington, D.C. and Orange County offices. Mr. Leibham is part of the innovation law and policy group and spearheads the emerging technologies practice within the group, which includes a multi-disciplinary portfolio of clients and matters. He principally advises clients that have a substantial interest in the federal government as a market place. This includes aspects of federal funding and business development initiatives, procurement, public-private partnerships, regulatory matters and rule makings, tax issues, and company wind-downs where the federal government is a creditor/stakeholder. Mr. Leibham also acts as outside general counsel to several start-up companies and trade associations where his work runs the gamut from board room governance and vendor agreements to HR matters. Mr. Leibham is also a core part of the firm’s political law group where he brings two decades of policy/political experience to the table on behalf of his clients.

Before joining the firm, Mr. Leibham was a prosecutor on behalf of the State of California and was also in private practice where he counseled small business clients on a wide range of matters (e.g., HR, tax/audit reporting, real/personal property, general corporate, among other matters). Mr. Leibham worked as a senior aide to Rep. Gary Ackerman (NY) and Rep. Neil Abercrombie (HI) in the U.S. House of Representatives and was also a Western Regional Director for the Democratic National Committee in the late ‘90s and early ‘00s.

Representational matters on which Mr. Leibham has advised:
  • Legislative Counsel with respect to enabling and appropriations legislation creating a $30 million public-private partnership with the Department of Energy for a shared-services platform in the solar sector. Transaction counsel was also provided with respect to the contract negotiations and IP terms for the P3 agreement.
  • Government contracts counsel for a consortium of traditional and non-traditional defense contractors respecting a $100 million sole source 10 U.S.C. §2371, Section 845 Other Transaction Authority (OTA), contract vehicle issued by the Department of Defense (“DoD”).
  • Site selection counsel for a nano-technology company looking to stand-up its first commercial manufacturing facility that focused on investments by local, state, and federal stakeholders. The engagement resulted in identifying three suitable jurisdictions, an ensuing “bake-off” of incentive packages (e.g., direct funding, tax incentives, work force development funds, land grants), a down selection process, and final negotiation of award.
  • Business development counsel on behalf of an ad hoc consortium of domestic semi-conductor companies seeking to reform the DoD/NSA Trusted Foundry Program in anticipation of unlocking hundreds-of-millions of dollars of government procurement opportunities for the consortium members.
  • Legislative counsel on behalf of several clients looking to access various measures within the Energy Tax Code (e.g., PTC, ITC, MLP) to which they were not entitled because they did not meet the technical requirements of the Energy Tax Code. Successful stand-alone legislation and amendment adoption have been resultant outcomes.
  • Counselor and advisor with respect to several campaigns regarding election disputes (e.g., Presidential contest recounts) and ballot access (e.g., ballot eligibility). Advising congressional candidates on statutory disclosures/reporting as well as seeking exemptions before relevant congressional committees and agencies.
  • Advisor and counselor to clients testifying/appearing before various congressional committees, including committees with jurisdiction over tax, appropriations, science & technology and financial services.
  • Legislative and regulatory counsel for an international fiber-optic cable company where various federal agencies were placing the company’s assets in harms-way due to policy/regulatory decision making. Congressional and inter-industry negotiations successfully addressed the issue within congressional legislation.
  • Counsel to a client company’s directors and officers during a wind down and asset disposition of a major federal contracting award, where D&O exposure and government “claw-back” became a significant impediment to the transaction. Liability and adverse public exposure on behalf of the D&O was successfully averted.