Kyle Jefcoat

Kyle Jefcoat is a litigator who advises clients on all facets of government contracts and grants, particularly relating to bid protests, False Claims Act litigation, mergers and acquisitions, and national security clearances.

Kyle combines his business-focused approach and extensive experience to guide clients, including global private equity firms and their portfolio companies, on complex compliance issues relating to:

- Mergers and acquisitions, including novations

- Domestic preference requirements, including the Buy American Act; Build America, Buy America; and Trade Agreements Act

- Foreign Ownership Control and Influence (FOCI) disclosure and mitigation

- Small business size-status and affiliation

- Mandatory disclosure and code of business ethics

- Organizational conflicts of interest (OCI)

- Freedom of Information Act (FOIA) responses and requests

- Requirements to provide cost or pricing data

- The suspension and debarment process

- False Claims Act liability

- The intersection of intellectual property and government contracts

- Subcontracts, subrecipient agreements, teaming agreements, and licensing agreements, with particular attention to contract and grant flow-down requirements

In bid protest litigation, Kyle has handled a wide range of protests, from those with a few million dollars at stake to ones with billions of dollars at issue.

Kyle has assisted multiple clients with internal investigations into potential issues that raise both False Claims Act and mandatory disclosure concerns, including reviewing sales practices under clients’ GSA Schedule contracts and Price Reduction Clause compliance, as well as compliance with certifications and representations made in the process of contract award.

Before joining Latham, Kyle was a Captain in the US Air Force Judge-Advocate General (JAG) Corps from 2000 through 2004. He is also a member, and past global leader, of the firm’s US Military & Veterans Network.

Kyle maintains an active pro bono practice, including veteran benefits appeals cases and advising nonprofit organizations on compliance with government grant obligations.