Noah M. "Chip” Hicks II
Chip’s experience spans the representation of Fortune 100 companies, closely held companies, and startups alike, thereby informing his understanding of how business risk must shape legal strategy. His ability to communicate legal risk in a practical manner in turn allows business decision-makers to factor legal analysis into their business decisions to minimize risk and protect profit.
Chip’s experience includes several years spent in-house as a senior managing attorney with a diverse responsibility portfolio for a Fortune 100 EPCM company designing, procuring, and constructing some of the world’s largest construction projects. He also served as outside trial counsel advising and representing businesses in both complex and simple arbitration, litigation, and other disputes. He has represented companies in single and panel arbitration, bench and jury trials in federal and state courts, administrative law court matters, and taken appeals to both federal and state appellate courts.
The combination of in-house experience and outside counsel experience ensures that Chip will diligently maintain alignment between legal and business strategy, while guarding against unexpected legal cost growth and profit erosion. Moreover, Chip appreciates that legal persuasion requires dauntless advocacy with the effective communication of both simple and complex facts, while also ensuring that useful legal counsel consist of direct and open communication between attorney and client.
Chip’s in-house and outside experience solving government contracting problems for prime contractors and subcontractors provides him with a proficient, creative and practical skill set. He has had to resolve “one-off” government contract issues while also supporting a contractor going through “run-of-the-mill” audits, contract formation, disputes, and inquiries. Additionally, Chip has provided legal support for prime contractors and subcontractors in the preparation of proposals and bid protests, as well as rendered legal support for the negotiation of all types of government contracts (IDIQ, CPFF, FFP, T&M, etc.) and commercial contracts. His experience includes the preparation of contract disputes for consideration by the government contracting officer and the representation of contractors before the Civilian Board of Contract Appeals and the United States Court of Federal Claims. He has ample experience both conducting and managing internal and external investigations into regulatory compliance issues, employment issues, false claims, and other internal control issues. In short, Chip’s experience allows him to provide practical and efficient legal support at all stages of government contract administration and representation.
- Representation of a prime contractor (EPCM) design-building a complex nuclear facility under a cost reimbursable fixed fee plus award fee contract before the Civilian Board of Contract Appeals and Court of Federal Claims in claims concerning the recovery of withheld fee and disallowed costs.
- Representation of prime contractor before the United States District Court in connection with a multimillion-dollar false claim civil claim arising from a sub-contractor’s alleged conduct.
- Extensive experience providing legal support and counsel across all aspects of government contract administration – both resolving potential disputes with the contracting officer and also protecting the contractor’s position in the event of a contract dispute.
- Providing legal support and strategy in response to cost and performance audits.
- Leading and conducting investigations in response to Inspector General, Department of Justice, or agency inquiries; supporting a robust compliance function.
- Providing support across all aspects of a complex government contract/project – including labor & employment, procurement/supply chain, security/cybersecurity, construction, and project management.
- Successful resolution of numerous contractual disputes, including both resolution via requests for equitable adjustment and via the contractual dispute process.
- Defense of false claims allegations and support of internal investigations into same, including representation of a contractor in an indemnification action to offset potential government claims.
- Negotiation of all government contract types on behalf of a robust government contractor, including a top-to-bottom review and drafting of all contract/procurement policies, procedures and contract documents.
- Support of information control, technology control, and trade controls on behalf of a classified project including EAR, ITAR, DOE Part 810, cybersecurity (NIST and DOD), and others.
Chip served as the senior managing attorney for a Fortune 100 EPCM contractor. In that role, he developed an expertise providing legal support throughout all phases of a construction project – from Front End Engineering & Design to Contract Wind-Down and Termination. Chip has ample experience providing legal support for contract administration and dispute or claim representation.
- Provided legal support for construction/project management including preparation and defense of disputes/claims.
- Prosecution and negotiation of claims for owners, contractors and subcontractors.
- Legal support of robust project management function including claim defense and development, change orders, bid and proposal preparation, and all other aspects of complex project management.
Chip has represented a multitude of business types (partnerships, LLCs, publically-held and privately-held corporations, and sole-proprietorships) at all stages of litigation. From simple contractual disputes to trial counsel in multidistrict or class action litigation, Chip has significant depth and breadth of experience before state and federal courts, regulatory bodies, administrative law courts or in arbitration.
- Representation of numerous business clients in all facets of contract litigation, labor and employment, broker-dealer, business tort litigation, arbitration and alternative dispute resolution.
- Significant defense and prosecution of general liability claims and all manner of claims and disputes that arise from the operation of a project or business.
Energy & Natural Resources
Chip has represented regulated utilities before state rate-making bodies, as well as represented contractors regulated by and doing business with the Department of Energy, the National Nuclear Security Administration, and the Nuclear Regulatory Commission.
- DOE Part 708 and associated DOE/NRC employee protection/whistleblower experience including investigation of claims and representation of the regulated contractor in same.
- Successful representation of a regulated power utility in a complex land-use class action.
- Representation of utilities in general liability claims arising from day-to-day operation.
- Experience providing legal support of energy client’s interaction with state and federal regulators (Public Service Commissions, NRC, DOE, NNSA, OSHA and others), including representation of the regulated entity before those regulatory bodies.
- Experience in all stages of project development and implementation in the energy sector.