Mr. Sherry is a partner in K&L Gates’ Dallas, Texas and San Francisco, California offices. He represents technology and defense/aerospace contractors in litigation, investigations, and contract and counseling matters. His work often focuses on Civil False Claims Act litigation and investigations, as well as contracting with the General Services Administration (GSA) and the Department of Veterans Affairs (VA) under the multiple award schedule (MAS) program. He writes and lectures extensively on commercial products and services procurement, especially in the area of MAS contracting.
Mr. Sherry frequently represents contractors in investigations by agency inspectors general, the Department of Justice, and grand juries, and in litigation proceedings under the Civil False Claims Act. In just the past two years, he was counsel of record in four successful motions to dismiss Civil False Claims Act complaints against two of the federal government’s leading technology contractors. He represented DOD contractors in both the highly publicized “III Wind” and “Operation Uncover” procurement fraud investigations and is assisting several entities engaged in extensive contracting operations in Iraq. He has extensive experience in conducting internal investigations and related disclosures to a variety of federal agency inspectors general, including those at DOD, NSA and GSA.
Another aspect of Mr. Sherry’s practice is the sale of hardware and software, medical devices and pharmaceuticals to federal, state, and local government agencies, including GSA and VA. In this area, Mr. Sherry frequently assists companies in formulating bids or proposals and negotiating contracts with public customers throughout the nation. He counsels them on contract negotiation and interpretation issues, risk reduction procedures, licensing issues, rights in patents, software and technical data, and a variety of other matters. Mr. Sherry also assists technology and defense companies on due diligence and novation issues associated with acquisitions of companies that possess government contracts, as well as securing R&D funding through novel agreements such as “other transactions” and technology investment agreements.
Mr. Sherry also has represented technology and defense companies in numerous bid protests before the United States Government Accountability Office, the United States Court of Claims, and similar state and local bid protest proceedings. In a virtually unprecedented decision, ACS Government Services, Inc., decided in 2004, GAO directed award of a contract to a technology company in a protest. Mr. Sherry represented the protester. Mr. Sherry also represents major systems contractors in claims and litigation in both federal and state courts.
Mr. Sherry designs and implements detailed ethics and corporate compliance programs to demonstrate corporate responsibility and integrity. He works with Fortune 100 clients and small businesses alike in implementing codes of conduct, ethics, and training programs; internal audit programs; and compliance review procedures. He currently assists numerous contractors in implementing protocols to comply with the FAR ethics/disclosure rule.
After law school, Mr. Sherry served as a law clerk to the Honorable Oscar H. Davis, United States Court of Appeals for the Federal Circuit.
Mr. Sherry has long been active in advocating sweeping changes in federal, state and local government policies and regulations for purchasing commercial products and services. During 1992-96, he chaired the Commercial Products and Services Committee of the American Bar Association’s Public Contract Law Section. In that capacity, he was instrumental in the drafting of the ABA’s comments on legislation, regulations, and policies affecting the procurement of technology products and services by the federal government.
Mr. Sherry currently serves a Vice Chair of the Commercial Products and Services Committee and also serves as a Vice Chair of the Procurement Fraud Committee. He also served as an inaugural member of the Law360 Government Contracts Editorial Advisory Board.
Mr. Sherry has published numerous articles in a variety of publications concerning technology contracting with the federal government. He previously served as a regular columnist for Government Computer News on state and local procurement of information technology. In addition, Mr. Sherry co-authored a volume of West's Federal Forms on practice before the United States Court of Appeals for the Federal Circuit and the Court of Federal Claims. Mr. Sherry has also been included as a source in stories on various topics in publications such as The Economist and numerous articles in Law360.
Litigation
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