Managing Member: Edmund M. Amorosi
Founding Member: John S Pachter
Senior Counsel: Val S McWhorter; Richard F Smith Number of Members: 17 Number of other Attorneys: 15 Languages: English; Spanish; German; French, Portuguese
Smith Pachter McWhorter PLC practices in the area of construction, government contracts, and white collar defense. The firm uses its in-depth knowledge to respond efficiently to a broad range of counseling, compliance, investigations, and litigation matters. Founded in 1986, the firm’s attorneys are pre-eminent in their fields of practice, receiving recognition from peers, legal and industry associations, and clients for their quality of work and contribution to their fields. The firm has particular expertise in large, complex industrial and infrastructure projects, the whole spectrum of government contract issues, white collar matters, and alternative dispute resolution.
Main Areas of Practice:
The firm represents clients in all phases of the engineering and construction process, including design, contract drafting, bidding, negotiation, and risk assessment; on-site identification and analysis of geotechnical, engineering, specification, and other contract-related problems; and claims and litigation. The firm has prepared, litigated, and resolved complex engineering and construction claims and disputes including increased work requirements, delay, disruption, acceleration, and inefficiency. Attorneys in the construction law practice excel before courts, arbitration panels, and in alternative dispute resolution settings. The firm is particularly well known for litigating complex, fact-intensive disputes in heavy civil, power, light-rail, transportation, industrial, and process plant projects. The engineering and construction practice is both national and international in scope, involving litigation across the United States and extending to arbitration in the Middle East and Europe. The firm’s clients are a mix of large general contractors, including many firms in the Engineering News-Record Top 500, as well as public and private owners, specialty contractors, subcontractors, and architects and engineers.
The firm assists clients in navigating the maze of statutes and regulations characteristic of United States public procurement. The firm is highly experienced in defending and challenging contract awards in bid protests; intellectual property licensing and data rights; cost accounting issues; terminations, suspension and debarment; compliance audits and procurement integrity investigations including the False Claims Act; claims and litigation; independent monitor assignments; and expert witness appearances. The firm’s attorneys represent clients before federal courts, boards of contact appeals and agencies, including the Government Accountability Office. Clients include major defense contractors and civilian agency contractors who sell goods and provide services across all industries. Smith Pachter’s government contracts clients comprise large, medium, and small companies based in the United States, Europe, and the Middle East.
White Collar Practice:
The firm provides a full service white collar practice, from counseling on corporate compliance programs, policies and procedures, to conducting internal investigations, handling matters before the Department of Justice, Securities and Exchange Commission, Office of the Inspector General, and other regulatory agencies, and defending civil and criminal matters in federal court. The firm’s white collar attorneys have represented Fortune 100 corporations, as well as smaller companies and individuals facing potential liability under laws such as the False Claims Act, the Foreign Corrupt Practices Act, and the Anti-Kickback Act. Practice leader Joseph P. Covington has over 35 years experience, including serving as the head of DOJ’s FCPA prosecution unit. The group’s FCPA investigation and counseling expertise has included matters involving Albania, Algeria, Bolivia, Brazil, China, Colombia, Croatia, the Czech Republic, Ecuador, Equatorial Guinea, Egypt, Gabon, Germany, India, Indonesia, Iraq, Japan, Kuwait, India, Mexico, Nepal, Nigeria, Peru, Romania, the Russian Federation, Saudi Arabia, Taiwan, Thailand, Uzbekistan and Venezuela. Bilingual capabilities allow SPM attorneys to conduct investigations in Spanish. The firm also regularly counsels clients on discrete compliance issues; interactions with government officials while conducting business abroad; due diligence on third-party intermediaries, JV partners, and acquisition targets; and compliance audits. In addition, Mr Covington has been appointed by the World Bank as Independent Compliance Monitor to SNC-Lavalin Group, Inc. to evaluate that company’s global anti-corruption compliance program. The firm’s white collar attorneys have published extensively including a treatise entitled Practicing Under the U.S. Anticorruption Laws (Aspen 2010 and suppl.).
The firm has arbitrated disputes in Europe and the Middle East for clients in large-scale construction projects and other contract disputes. The firm’s experience includes representing clients before the International Chamber of Commerce’s International Court of Arbitration, the Cairo Regional Centre for International Commercial Arbitration, and the American Arbitration Association’s International Centre for Dispute Resolution. The firm also assists European and Middle Eastern companies in compliance with the myriad regulations applicable to foreign companies performing work for the United States Government in the United States and overseas, as well as resolution of claims and disputes arising from those contracts.
Alternative Dispute Resolution:
The firm has successfully resolved large, complex disputes through alternative dispute resolution, including mediation and arbitration. The firm’s members have assisted many clients resolve complex claims out-ofcourt in a favorable and economical manner. Founding members Richard F. Smith and Val S. McWhorter, both of whom are Senior Counsel to the firm, are experienced construction litigators who also serve as mediators and arbitrators in construction disputes in Virginia and across the nation.