Eric Whytsell

Contact Details


Eric is an experienced government contracts lawyer who represents clients' interests through counseling, negotiation, and litigation. His clients include multinational corporations as well as small and mid-sized businesses in a variety of sectors, including technology and IT services, R&D, defense, cybersecurity, transportation, construction, manufacturing, financial services, education, health care, and biotech.


Eric advises on federal, state and local procurement and other complex compliance issues throughout the life cycle of the contracting process. Clients rely on his counsel from pre-proposal  opportunity and risk assessment, through compliance with solicitation requirements, award capture, and contract performance, to termination and close-out. Along the way, he helps clients understand and address a wide variety of issues, including: business ethics and conduct; government contractor-specific employment laws; privacy and data security; sourcing restrictions; M&A due diligence and contract novation; security clearances; cost and pricing; small business and socio-economic programs; and export controls. Eric also supports client success by negotiating contracts, subcontracts, teaming and joint venture agreements, and IP development agreements and licenses with contractors, commercial and non-profit entities, and institutions of higher education. If disputes or potential problems arise, he advocates for his clients in bid and size protests, contractor and government claims, and appeals. In addition, he guides clients through audits and investigations, terminations, and suspension and debarment issues.


Eric recently ended a three-year term on the governing Council of the American Bar Association's Public Contract Law Section. He currently serves as a Vice-Chair of ABA Section of Public Contract Law, State and Local Committee, Intellectual Property Committee, and Strategic Alliances, Teaming and Subcontracting Committee. Eric has co-edited two books on subcontract flow downs and written extensively on other government contract matters. He frequently lectures and conducts training on government contracting, cybersecurity, export controls, and intellectual property issues.


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