Hilary S. Cairnie
Washington, D.C. Office
Mr. Cairnie is of counsel in the Vorys Washington, D.C. office and a member of the corporate and finance group. Mr. Cairnie specializes his practice in public contract law and his experience encompasses virtually all aspects of government contract law, including contract formation, performance, administration and enforcement controversies at the federal and state level. With degrees in engineering and several years of experience working as an engineer for various companies, Mr. Cairnie uses his unique technical background to represent clients involved in aerospace, automotive, shipbuilding, transportation, construction, software, medical and healthcare fields, engineering, and research and development activities.
In addition, Mr. Cairnie negotiates and prepares technology licensing agreements involving patents and trade secrets, copyrights and trademarks. He counsels clients on the unique issues associated with conceptualization and reduction to practice of inventions developed under federally funded procurement contracts and other agreements, including ownership, licensing and government rights in subject inventions, technical data, computer software and other works. Mr. Cairnie advises clients on the pro’s and con’s of using existing patents and inventions in connection with performance of government contracts, and negotiates terms and conditions for the use thereof.
Career highlights include:
- Advising and representing clients in numerous contract negotiations involving subcontractor agreements, agency level claims and adjustments
- Litigating many contract claim appeals and arguing contract controversies before the U. S. Courts of Appeals for the Federal and Fourth Circuits
- Obtaining favorable rulings in connection with pre-award and post-award protests filed with the U.S. Government Accountability Office (GAO) and the U.S. Court of Claims (COFC) on behalf of large and small businesses
- Representing clients in contract administrative proceedings involving reconstruction efforts in regions of the country most affected by Hurricane Katrina, as well as Iraq, Afghanistan, and other Mid-Eastern countries
- Effectively representing clients in connection with criminal, civil and administrative investigations and proceedings involving false claims, statements and certifications allegedly presented in connection with performance and administration of federally funded contracts
Mr. Cairnie is a member of the Virginia State Bar, the Federal Circuit Bar Association, the Federal Bar Association, and the National Contract Management Association (NCMA). Mr. Cairnie is admitted to practice in the District of Columbia.
Mr. Cairnie is a frequent public speaker on topics and new developments of interest to the government contracting community, including intellectual property licensing, data rights, patent rights, cost and pricing issues, cost accounting rules and regulations, audit procedures, changes, construction topics, and protests and claim appeals decisions. Mr. Cairnie has regularly appeared before various local, regional and national chapters of the National Contract Management Association (NCMA), and other trade associations.
Mr. Cairnie received his J.D. from the Catholic University of America, Columbus School of Law and his S.M. from the Massachusetts Institute of Technology, where he was a member of Sigma Xi. He received his B.S. from Purdue University where he was a member of Alpha Sigma Mu.
Mr. Cairnie served as lead intern for the Honorable Roger B. Andewelt, U.S. Court of Claims (COFC), 1988-1989.
Publications
- “Intellectual Property Rights Under Government Contracts,” November 7, 2000 (North Central Regional Counsel for Small Business Education and Advocacy Training publication)
- “Claims and Requests for Equitable Adjustments,” September 27, 2000 (St. Louis Chapter of the National Contract Management Association publication)
- “Workshop on Intellectual Property Issues Under SBIR Contracts,” September 20, 2000 (Small Business Administration publication)
- “Procurement of Rights in Software and Databases, and Government Contract Compliance,” April 2000 (2000 Update to Government Contracts Procurement Seminar, Dykema Gossett PLLC publication)
- Hilary S. Cairnie & Peter H. Jost, “An Imperfect Shield: How Private Parties Can Attack and Defeat The Executive Privilege For Deliberative Processes in Government Procurement Litigation,” National Law Journal, February 1999
- Hilary S. Cairnie & Peter H. Jost, “Reforms May Increase Contractors' Liability Risks,” National Law Journal, May 19, 1997
- “Acquisition of Contract Claims From The Estate Of A Bankrupt Federal Contractor: Lender Beware,” Banking Law Journal, 1997 (114 Banking L.J. 124)
- “Recent Changes In Quality Assurance Requirements Open The Federal Marketplace To Commercial Contractors,” Outside Counsel, Winter 1997 (co-authored)
- “Procurement Reforms Place Business Ethics In The Spotlight, Taking Center Stage In The Theater Of Suspension And Debarment Proceedings,” Outside Counsel, Winter 1997 (co-authored, Vol. 4)
- “Rights In Technical Data And Computer Software,” Intellectual Property Today, December 1996
- “Ethics And Self-Governance In The Era Of Procurement Reform,” Corporate Counsel Magazine, December 1996
Professional and Community Activities
- Court Appointed Special Advocates (CASA) of Fairfax, Director; member of CASA’s Fundraising Committee, 2004-2005
Honors and Awards
- Legal Services Award, 2000
- Washington Area Lawyers for the Arts, November 2000