Barry J. Hurewitz is a partner in the firm's Regulatory and Government Affairs Department, and a member of the Defense, National Security and Government Contracts and Communications, Privacy and Internet Law practice groups. He is also a member of the firm’s Corporate and Transactional Department. He joined the firm in 1994.
Practice
Mr. Hurewitz’s multidisciplinary practice focuses on government transactions and the regulation of technology and information.
Mr. Hurewitz advises for-profit and non-profit clients on government contracts and other funding arrangements, including analysis of funding opportunities; proposal preparation and bid protests; negotiation of contract terms; allocation of government rights in patents, software and technical data; contract administration issues; claims, disputes and terminations; teaming agreements and subcontracting; and audit and enforcement issues. He counsels clients on contract compliance matters such as foreign source restrictions, small business eligibility and preferences, contract financing, federal health care program compliance, most-favored pricing and GSA schedule contract requirements.
Mr. Hurewitz navigates the implications of federal assistance in funding agreements and technical collaborations including Cooperative Research and Development Agreements and “other transactions” such as Technology Investment Agreements, Materials Transfer Agreements, and Space Act Agreements that enable companies to leverage government resources and technologies.
Mr. Hurewitz helps clients with regulated technologies to engage in global markets. This advice encompasses compliance, licensing, voluntary disclosures, and enforcement under Commerce Department and State Department export control regulations, Treasury Department foreign assets control and economic sanctions regulations; and global information security and encryption policies.
Mr. Hurewitz counsels clients on the regulation of information, including industrial security and government security clearances, privacy of personal consumer and health information, online privacy practices, data security and identity theft, and security breach response.
In corporate transactions and public company representations, Mr. Hurewitz advises issuers, underwriters, and buyers and sellers on the special regulatory considerations affecting companies with government funding and sensitive technologies or data. In transactions involving acquisitions by non-U.S. companies, Mr. Hurewitz advises on national security considerations and represents transaction parties before the Committee on Foreign Investment in the United States.
Recent Highlights
- Negotiated teaming agreement and subcontract terms for an information technology contractor under a major multi-year federal information technology upgrade project.
- Advised an early-stage pharmaceutical company on the intellectual property, accounting and regulatory implications of federal government research grant funding.
- Secured clearances from the Committee on Foreign Investment in the United States for acquisitions of US technology companies by foreign-owned buyers.
- Developed export control compliance and technology control plans for companies with classified and ITAR-controlled technologies.
- Advised a non-US information technology outsource service provider on federal contracting policies and the implementation of enhanced export control visa application certifications.
- Advised recipients of American Recovery and Reinvestment Act funding on executive compensation and subcontract reporting, domestic sourcing requirements and audit criteria.
- Represented a non-profit recipient of federal grant funding in an Inspector General investigation.
- Investigated and prepared voluntary self-disclosures of violations of Commerce Department and Treasury Department regulations restricting the availability of commercial encryption-enabled software.
- Advised federal contractors and subcontractors on suspension, debarment and other collateral consequences of negotiated settlements of False Claims Act allegations.
- Managed clients’ responses to breaches of personal data, mandatory notification and reporting to regulatory authorities.
- Represented a Small Business Innovation Research program participant on size determination and administrative appeal.
- Advised GSA schedule contractors on most-favored pricing terms and implementation of small business subcontracting plans.
- Obtained waivers of US Department of Energy patent rights in inventions conceived under a federally funded renewable energy research grant programs.
- Developed framework agreements for a cooperative research collaboration with the Department of Veterans Affairs.
Professional Activities
Mr. Hurewitz is a member of the Advisory Board for the Thomson-Reuters North American Free Trade and Investment Report and participates in the Technology Council of the Washington DC Economic Partnership.
Representative Presentations
- WilmerHale Intellectual Property Conference, New York, NY (October 26, 2011)
- WilmerHale Intellectual Property Primer for Start-Ups and Emerging Companies, Waltham, MA (September 15, 2011)
- The 11th Annual WilmerHale Intellectual Property Conference, Boston, MA (May 24, 2011)
- Washington DC Economic Partnership UK Trade Mission, "The U.S. Federal Government: Unlocking Information Technology Sales Opportunities," Washington, DC (February 17, 2011)
- Legal Issues for Start-Ups: What Every Entrepreneur Should Know, Cambridge, MA (April 29, 2010)
- Washington Metropolitan Area Corporate Counsel Association, "Know Before You Buy – M&A Due Diligence of Government Contractors," Vienna, VA (January 14, 2010)
- Massachusetts Export Center Annual Conference on Export Controls, Boston, MA (Dec. 9, 2009)
- FOSE 2007, "Managing the Top Legal Considerations in Federal Contracting," Washington, DC (March 16, 2007)
- Farnborough International Air Show, "Important Legal Issues in U.S. Defense Trade Alliances," Farnborough, England (July 20, 2006)
- Harvard Information Infrastructure Project, Harvard University Kennedy School of Government, "Current Developments in U.S. Privacy Regulation," Cambridge, MA (November 26, 2001)
