Recent Publications

Supplementing a Bid Protest Record in a Post-Axiom World

Many practitioners believe that the Federal Circuit’s recent decision in Axiom Resource Mgmt., Inc. v. United States, 564 F.3d 1374 (Fed. Cir. 2009), greatly restricted the ability of courts to supplement an administrative record in a bid protest action. The court held in that case that “supplementation of the record should be limited to cases in which ‘the omission of extra-record evidence precludes effective judicial review.’” >>

Proposed Legislation Alters Amount of Federal Contractor Pay Reimbursed by Government

President Obama recently sent to Congress proposed legislative language and analyses of his proposed deficit-reduction plan. Among the proposed legislative changes is a change to the formula used for calculating the cap on the amount that the federal government will reimburse federal contractors for executive compensation. >>



Paul W. Searles

Senior Counsel

Silicon Valley


525 University Avenue
Suite 400
Palo Alto, California 94301-1918
T +1 650.687.8897
F +1 650.687.8797

Areas of Practice

Education

  • J.D., Southern Methodist University Dedman School of Law, 1989, Order of the Coif; Leading Articles Editor, Journal of Air Law and Commerce, 1987-1989
  • M.B.A., Western New England College, 1982
  • B.A., Catholic University of America, 1972

Bar Admissions

  • Texas
  • California

Court Admissions

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. Court of Appeals for Veterans Claims
Paul W. Searles

Paul Searles has 25 years of experience focused on government contract law, counseling and representing clients on a wide variety of complex business and litigation matters involving their contracts with the Department of Defense, the General Services Administration, and other federal and state government agencies.  He has represented government contractors and subcontractors in matters involving:

  • Competitive bids and proposals, including bid protests
  • Contract drafting, negotiation, and interpretation
  • Contract disputes, changes claims, and requests for equitable adjustment
  • Teaming agreements, joint ventures, contract novations, and mergers and acquisitions
  • Rights in technical data, trade secrets, and other intellectual property
  • Internal investigations of contract fraud and criminal activities
  • Cooperative research and development agreements (CRADAs)
  • Suspension and debarment matters
  • Regulatory compliance and audits
  • Commercial item contracting
  • Freedom of Information Act (FOIA) issues
  • Classified industrial security personnel and facility clearances
  • Exon-Florio filings and Foreign Ownership, Control, and Influence (FOCI) issues

As lead counsel, Paul has handled numerous bid protests before the Government Accountability Office and the Court of Federal Claims, and government contract claims, appeals, and litigation in U.S. District Courts, the Court of Federal Claims, the Court of Appeals for the Federal Circuit, and federal boards of contract appeals involving breach of contract, delay and disruption, and terminations for convenience and default.

Paul is AV® Peer Review Rated Preeminent by Martindale-Hubbell® Law Directory.

Paul has spoken at seminars and workshops on a variety of public procurement law topics and as a guest lecturer on Government Contract Law at the Cox School of Business at Southern Methodist University. Paul presented "The Art of Successful Claim Preparation" at the National Contract Management Association's 2011 World Congress in Denver and "The 100 Worst Mistakes in Government Contracting" in Las Vegas and in Sacramento, Riverside and Santa Barbara, California in 2012. His most recent publication is "Supplementing a Bid Protest Record in a Post-Axiom World," published in The Procurement Lawyer.

Paul's recent experience includes:

  • Successful litigation of a construction contractor's claims and counter-claims in a $1.5 billion international arbitration proceeding.
  • Successful bid protest of aircraft modernization contract awards tainted by bias of defense agency's senior source selection official in one of the largest procurement scandals in U.S. history.
  • Successful defense against bid protest of the award of a $250 million aircraft maintenance and logistics contract.
  • Successful defense in whistleblower litigation under the False Claims Act.
  • Successful negotiation of cooperative agreement, protecting client's intellectual property rights.
  • Successful litigation of a constructive-change claim, resulting in the award of a multi-million dollar recovery for a defense electronics contractor.
  • Successful settlement of contract termination claims by a military supply contractor and a military aircraft services provider.
  • Successful resolution for clients of a variety of investigations involving federal government oversight agencies.

Prior to joining Haynes and Boone, Paul served in the United States Air Force as a senior pilot, a space operations officer, and a procurement officer for military aircraft electronics and computer systems.

Selected Representative Experience


ICC International Arbitration, situs of arbitration Mexico City
Representation of a European multinational contractor in a $1.5 billion ICC construction law arbitration proceeding with a national petroleum company arising from the modernization and expansion of an oil refinery and pipelines.

Lockheed Martin Aeronautics Company; L-3 Communications Integrated Systems L.P.; BAE Systems Integrated Defense Solutions, Inc., B-295401, B-293401.2, B-295401.3, B-295401.4, B-295401.5, B-295401. (Governmental Accountability Office)
In one of the largest procurement scandals in United States history, obtained grant of a bid protest concerning an aircraft modernization contract award that was tainted by the bias of a defense agency’s senior source selection official.

United States ex rel. Guzder v. MKM Engineers, Inc., et al.
Representation of an environmental and munitions consulting and remediation firm, in United States ex rel. Guzder v. MKM Engineers, Inc., et al. (S.D. Tex.), a False Claims Act qui tam suit involving allegations concerning eligibility to participate in the Small Business Administration’s 8(a) program.

DOD False Claims Act and Anti-Kickback Investigation
Representation of major global freight forwarder in qui tam lawsuit and associated False Claims Act and Anti-Kickback Act investigation by Department of Defense Office of Inspector General Defense Criminal Investigative Service into the company’s logistics services in Iraq and elsewhere as subcontractor under the Logistics Civil Augmentation Program (“LOGCAP”) for the DoD.

United States ex rel. Poisson v. Red River Service Corp.
Representation of Red River Service Corp., a telecommunications company, in United States ex rel. Poisson v. Red River Service Corp. (W.D. Okla.), a False Claims Act qui tam case involving allegations of false claims for payment in connection with contracts to provide telecommunication services to Tinker Air Force Base. Obtained favorable summary judgment ruling.

United States ex rel. Graves v. ITT Educ. Services, Inc.
Representation of ITT, a for-profit vocational school, in a qui tam action brought by former employees involving allegations that ITT violated provisions of Title IV of the Higher Education Act by providing its admissions/recruitment personnel prohibited incentive compensation. Obtained a dismissal at the district court and an affirmance of the dismissal at the Fifth Circuit Court of Appeals.

Memberships

  • American Bar Association (Public Contract Law and Litigation Sections)
  • Federal Bar Association
  • State Bar of Texas
  • State Bar of California
  • Dallas Bar Association
  • Texas Bar Foundation Fellows
  • National Contract Management Association Fellows

Online Publications

10/20/2011 - Supplementing a Bid Protest Record in a Post-Axiom World
Many practitioners believe that the Federal Circuit’s recent decision in Axiom Resource Mgmt., Inc. v. United States, 564 F.3d 1374 (Fed. Cir. 2009), greatly restricted the ability of courts to supplement an administrative record in a bid protest action. The court held in that case that “supplementation of the record should be limited to cases in which ‘the omission of extra-record evidence precludes effective judicial review.’”

10/04/2011 - Proposed Legislation Alters Amount of Federal Contractor Pay Reimbursed by Government
President Obama recently sent to Congress proposed legislative language and analyses of his proposed deficit-reduction plan. Among the proposed legislative changes is a change to the formula used for calculating the cap on the amount that the federal government will reimburse federal contractors for executive compensation.

01/05/2010 - Texas Government Contracts: New Year, New Rules
Seeking a state purchasing contract? You may now be required to register as a lobbyist. Some independent contractors who help vendors secure procurement contracts in Texas are now required to register with the Texas Ethics Commission. House Bill 3445, which the Texas Legislature passed last spring during the 81st Texas Legislative Session, established new guidelines for lobbying activities related to state procurement contracts.

07/13/2009 - Obama Administration Renews Support of Mandatory E-Verify Use for Federal Contractors
Reinforcing the federal government policy of only doing business with companies that have a legal workforce, the Department of Homeland Security (DHS) announced that it supports a regulation that awards federal contracts only to those entities enrolled in E-Verify.

05/27/2009 - Fraud Enforcement and Recovery Act Expands Liability Under the False Claims Act and Criminal Fraud Provisions
On May 20, 2009, President Obama signed into law the Fraud Enforcement and Recovery Act (“FERA”). This comprehensive legislation expands the reach of federal law and increases funding for federal agencies to combat financial fraud. The most dramatic changes affecting government contractors and organizations participating in federally-funded programs are found in FERA’s expansion of the False Claims Act (“FCA”).

04/23/2009 - False Claims Act: New Rules for Pleading?
In a case that will undoubtedly be embraced by relators, the United States Court of Appeals for the Fifth Circuit recently allowed a lawsuit brought under the False Claims Act (“FCA”) to proceed even though the relator did not know certain details about the invoices he alleged were fraudulently submitted to the government. In United States ex rel. Grubbs v. Kanneganti, the Fifth Circuit reversed a district court’s decision to dismiss an FCA claim for failure to allege fraud in sufficient detail. Although relators will argue that the decision opens the door for many more FCA lawsuits to survive early dismissal, the decision does not signal—as relators hope—that courts are abandoning heightened scrutiny.

12/18/2008 - Siemens AG Concludes FCPA Investigations with Record-Setting Criminal Penalty
On Monday, December 15, 2008, Siemens AG entered comprehensive settlements in the United States and Germany related to charges of widespread bribery of foreign officials from 2001 through 2007. Siemens agreed to pay a record-setting $1.6 billion to resolve charges asserted under the Foreign Corrupt Practices Act ("FCPA"). This alert digests this landmark case and provides observations relevant to companies' FCPA compliance efforts.

11/25/2008 - Ready or Not, Here They Come — The Government’s Game of Hide and Seek is Over
Nowhere it seems is corporate compliance getting more attention these days than in the Federal government contracts arena.

Government contractors are being barraged with regulations regarding business conduct, ethics and integrity, including rules mandating, among other things, the timely reporting of violations of law followed by full cooperation with government investigators. Haynes and Boone’s Government Contracts practice prepared the attached Alert to highlight recent changes (effective on December 12) to the Federal Acquisition Regulation in this area, several of which are likely to become controversial during the foreseeable future.

09/12/2008 - Criminal Prosecution of the FCPA
The Foreign Corrupt Practices Act ("FCPA") has provided the basis for an increasing number of criminal prosecutions during recent years. For example, The Department of Justice initiated more individual prosecutions on FCPA charges than in any other year since the FCPA was enacted, and twice as many as in 2006. The Department of Justice recently obtained a guilty plea in one of its highest profile FCPA cases in the history of the Act. While Albert "Jack" Stanley's plea has garnered significant media attention, significant events during the first two weeks of September in two other cases provide additional insight into FCPA criminal enforcement activity.  The attached alert discusses the developments in these three cases.

09/05/2008 - Recent SEC Action Reinforces Principles of Compliance with the Foreign Corrupt Practices Act
This alert digests the Con-way case and highlights four principles of FCPA compliance that are reinforced by this SEC enforcement action.

08/13/2008 - Government Contracts News Alert: Heads-Up For Government Contractors
It’s a popular myth that an ostrich will bury its head in the sand when faced with an attack by predators. Under the Defense Department’s Voluntary Disclosure Program, defense contractors can opt to voluntarily report potential criminal or civil fraud matters identified through their self-governance efforts. Or they can leave their heads in the sand, at their peril of course.

06/27/2008 - Foreign Corrupt Practices Act (“FCPA”)
The United States government’s increase in enforcement of the Foreign Corrupt Practices Act (“FCPA”) during the past five years has raised awareness of domestic and foreign corporations to the Act’s requirements. Still, violations continue to make headlines. The latest news came from Houston May 14, when an oil and gas services company agreed to pay $32 million in sanctions for FCPA violations in connection with international contracting activities.

07/12/2007 - When is a Convenience Termination of a Government Contract not a Termination?
The Federal Circuit, in an opinion written by Judge Rader and joined by Judges Lourie and Prost, has determined that a termination of a contract for the government’s convenience does not terminate obligations to perform warranty and software upgrade services under the contract. The Court of Federal Claims, in a well-reasoned opinion by Judge Miller, had determined otherwise.

09/24/2001 - The SBIR Program: Venture Capital That's Still Available