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dwburgett@hhlaw.com

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David W. Burgett
Partner, Washington, D.C.

David Burgett advises U.S. and international clients with respect to government contracts, technology issues, intellectual property, outsourcing, and international transactions. Dave's experience includes intellectual property under government contracts; application service provider (ASP) contracting; compliance programs and audits; government health care contracting; Federal Supply Schedule contracting; international aspects of procurement; subcontracts and teaming; bid protests; and defective pricing. He is a past Chair of the Government Contracts Section of the Federal Bar Association. 

During a leave of absence beginning in 1988, Dave practiced with a leading German law firm in Stuttgart, concentrating on European Community law, and international acquisitions, licensing, and litigation. He rejoined Hogan & Hartson as a partner two years later. Dave participated in a Hogan & Hartson team that prepared the initial draft of the Polish procurement code for the Council of Ministers of Poland. He has lectured and published on numerous occasions on various areas of practice, including intellectual property under government contracts and grants, international procurement, and health care contracting.

Prior to entering private practice, Dave clerked for The Honorable Theodore R. Newman, Jr., Chief Judge of the D.C. Court of Appeals. 

Hogan & Hartson Publications
04.03.2009 "Administration Publishes Interim Regulations to Implement Buy American Restrictions for Federal Building and Works Projects Funded by the Stimulus Plan." Government Contracts & International Trade Update, Hogan & Hartson LLP

03.30.2009 "European Trading Partners and U.S. Industry Express Concerns Over Implementation of Stimulus Bill Buy America Requirements." Government Contracts & International Trade Update, Hogan & Hartson LLP

03.06.2009 "Stimulus Legislation Update: Issue 4 - New Online Resources for Tracking Stimulus Funds." Stimulus Legislation Update, Hogan & Hartson LLP

02.03.2009 "Obama Executive Orders Change Labor Rules For Federal Contractors." Labor & Employment Update, Hogan & Hartson LLP

01.23.2009 "With a Massive Economic Stimulus Package on the Horizon, Battle Looms Over 'Buy America' Steel Provisions." Government Contracts & International Trade Update, Hogan & Hartson LLP

08.27.2008 "University of Tennessee Professor and Technology Company Face Criminal Charges for Violations of Export Control Laws." Export Controls & Government Contracts Update, Hogan & Hartson LLP

07.29.2008 "Defense Department Publishes an Interim Rule Regarding the Protection of Export-Controlled Items." Export Controls & Government Contracts Update, Hogan & Hartson LLP

12.18.2006 "Government Obtains Perpetual Royalty-free License Merely by Funding First Reduction to Practice of One Element of Claimed Invention." Government Contracts and Grants Update, Hogan & Hartson LLP

08.16.2006 "Take Two: Defense Department Issues a Second Proposed Rule Regarding the Protection of Export-Controlled Information and Technology." Export Controls & Government Contracts Update, Hogan & Hartson LLP

07.20.2006 "Public Procurement Law: Participating in Public Procurement Procedures in Europe and Germany." Government Contracts and Grants Update, Hogan & Hartson LLP

03.08.2006 "Textiles and the 'Berry Amendment' Requirements." Customs and Government Contracts Update, Hogan & Hartson LLP

01.12.2006 "Decision on Accounting for Independent Research and Development Costs Has Important Implications for Intellectual Property Rights of Government Contractors." Intellectual Property and Government Contracts Update, Hogan & Hartson LLP

08.12.2005 "Proposed DFARS Rule on Export Control." Export Controls & Government Contracts Update, Hogan & Hartson LLP

07.01.2005 "Expanded Research Exemption in Merck v. Integra." Pharmaceutical and Biotechnology Update, Hogan & Hartson LLP

04.01.2005 "University Obtains Patent Assignment, Damages, And Attorneys' Fees From Professor Who Circumvented Its Patent Policy." IP Update, Hogan & Hartson LLP

12.30.2004 "Federal Circuit Upholds Patent Forfeiture for Failure to Report Subject Invention Properly." IP & Government Contracts Update, Hogan & Hartson LLP

12.01.2004 "Create Act Removes an Obstacle to Patentability of Inventions Arising From Collaborative Research & Development." IP Update, Hogan & Hartson LLP

Published Works
05.05.2009 "Contrasting CBCA and COFC Decisions Illustrate What 'Disputes' Will Toll the Accrual of Prompt Payment Act Interest." Federal Contracts Report, BNA, Inc.

April 2009 "New Interim Regulation And Agency Guidance Implement Recovery Act Buy American Restriction." International Government Contractor, Vol. 6, No. 4, Thomson Reuters

04.08.2009 "Feature Comment: New Interim Regulation And Agency Guidance Implement Recovery Act Buy American Restriction." Government Contractor, Vol. 51, No. 14, Thomson Reuters

02.18.2009 "Feature Comment: How Will Buy America Restrictions Affect Economic Stimulus Spending?" The Government Contractor, Vol. 51. No. 7, West/Thomson

02.04.2009 "Feature Comment: Executive Orders Change Labor Rules for Government Contractors." The Government Contractor, Vol. 51, No. 5, Thomson Reuters

January 2009 "With A Massive Economic Stimulus Package On The Horizon, Battle Looms Over ‘Buy America’ Steel Provisions—Stimulus Package And Other Bills Would Significantly Expand Steel Source Restrictions." International Government Contractor, Vol. 6, No. 1, Thomson Reuters/West

11.05.2008 "Feature Comment: New EU Legal Framework For The Defense Industry." Government Contractor, Vol. 50, No. 41, Thomson Reuters/West

October 2008 "Feature Comment: New EU Legal Framework For The Defense Industry." International Government Contractor, Vol. 5, No. 10, Thomson Reuters/West

09.10.2008 "What Rule of Origin Will Determine Trade Agreements Act Compliance If Proposed Customs Rule Changes Are Adopted?" The Government Contractor, Vol. 50, No. 33, Thomson Reuters/West

08.31.2008 "What Rule of Origin Will Determine Trade Agreements Act Compliance If Proposed Customs Rule Changes Are Adopted?" International Government Contractor, Vol. 5, No. 8, Thomson Reuters/West

07.09.2008 "GAO And COFC Reach Opposite Conclusions In Determining Product Origin Under The TAA." The Government Contractor

June 2008 "GAO And COFC Reach Opposite Conclusions In Determining Product Origin Under The TAA." International Government Contractor

05.11.2007 "2006 Government Contract Decisions of the Federal Circuit." American University Law Review, Vol. 56, No. 4

11.23.2005 "Feature Comment: DOE Technology Agreements-A New Avenue For Public-Private Research Cooperation." The Government Contractor, Thomson/West

11.24.2004 "FEATURE COMMENT: Federal Circuit Upholds Patent Forfeiture For Failure To Comply Strictly With Reporting Requirement, Despite Lack Of Prejudice." The Government Contractor, Thomson/West

10.01.2000 "Foreign Nationals in U.S. Technology Programs: Complying with Immigration, Export Control, Industrial Security, and Other Requirements." Immigration Briefings, West Group

PRACTICES/INDUSTRIES
Government Contracts
Intellectual Property
International Business Transactions
Technology
Government Services and Homeland Security
IP Government Contracts
Outsourcing
IP Transactions
AREAS OF FOCUS
  • Intellectual Property Under Federal Contracts and Grants
  • International Procurement Issues
  • Subcontracting, Teaming, and Commercial Technology Transactions 
  • Compliance Programs and Investigations
EDUCATION
J.D., Harvard Law School, 1981 M.P.P., Harvard University, John F. Kennedy School of Government, 1981 B.A., University of Michigan, 1977
MEMBERSHIPS
  • Past Chair, Government Contracts Section, Federal Bar Association
  • Chairman, Pro Bono Committee, Public Contract Section, American Bar Association 
  • Member, American Bar Association  
  • Member, American Civil Liberties Union  
  • Member, International Bar Association  
  • Member, Judicial Conference of the District of Columbia  
  • Member, Washington Council of Lawyers
AWARDS/RANKINGS
  • Federal Bar Association Distinguished Service Award, 2002
BAR ADMISSIONS District of Columbia
COURT ADMISSIONS U.S. Court of Appeals, District of Columbia Circuit U.S. Court of Federal Claims U.S. District Court, District of Columbia U.S. Supreme Court
LANGUAGES German French