Kyle Jefcoat is counsel in the Washington, D.C. office of Latham & Watkins and a member of the firm's Litigation & Trial Department. Mr. Jefcoat is a litigator who practices in the area of government contracts including compliance, bid protests and False Claims Act litigation. Mr. Jefcoat advises clients regarding government contract compliance on issues such as mandatory disclosure and code of business ethics, organizational conflicts of interest (OCI), small business size-status and affiliation, Freedom of Information Act (FOIA) responses and requests, mergers and acquisitions including novations, requirements to provide cost or pricing data, the suspension and debarment process, and potential False Claims Act liability. Moreover, he drafts subcontracts, subgrants, teaming agreements, and licensing agreements with particular attention to flow-down requirements and intellectual property protections.
In bid protest litigation, Mr. Jefcoat has handled a variety of protests ranging from those with a few million dollars at stake to ones with billions of dollars at issue. He has represented clients from the information technology, defense and aviation, and health care industries in protests before individual agencies, the Small Business Administration, the Government Accountability Office, the Court of Federal Claims and the Federal Circuit. His bid protest work was specifically praised by the Court of Federal Claims as consisting of “excellent briefs…[p]articularly given the time constraints that applied to counsels’ work.” (Alabama Aircraft v. United States, 83 Fed. Cl. 666, 703 (2008)).
Mr. Jefcoat has assisted multiple clients with internal investigations into potential issues that raise both False Claims Act and Mandatory Disclosure concerns. These have included reviewing sales practices under clients' GSA Schedule contracts and compliance with the Price Reduction Clause as well as reviewing clients compliance with certifications and representations made in the process of contract award.
Prior to joining Latham, Mr. Jefcoat was a Captain in the United States Air Force Judge-Advocate General (JAG) Corps from 2000 through 2004.
- “The Federal Circuit’s 2014 Government Contract Decisions,” American University Law Review
- “Conditions of Participation’ in False Claims Act Government Procurement Cases,” Pratt’s Government Contracting Law Report
- “False Claims Litigation 2010 - The Enforceability of False Claims Act Releases: Balancing Competing Interests,” Practising Law Institute, Ch. 8