Alexander B. Hastings

Alex counsels government contractors on all aspects of working with government entities at the federal, state, and local levels. In this role, he advises on legal and compliance matters that impact clients’ businesses—from proposal submission through performance—including intellectual property, supply chain sourcing and prohibition, cybersecurity, small business status, and conflicts of interest matters.

Alex guides clients through the myriad compliance requirements that accompany sales to or collaborations with the US government, including those under the Federal Acquisition Regulation (FAR) as well as agency-level supplements such as the Defense Federal Acquisition Regulation Supplement (DFARS) and HHS Acquisition Regulation (HHSAR). He also routinely advises transaction teams on both the buy and sell sides involving government contractor due diligence reviews and transaction document negotiations.

Companies that pursue and perform nonprocurement contracts—including grants, Cooperative Research and Development Agreements (CRADAs), and Other Transaction Authority (OTA) agreements—seek out Alex for tactical guidance aligned to their business objectives. Alex advises them on protecting intellectual property and ensuring compliance with a host of regulatory requirements that accompany collaborations with the US government or federally funded research organizations.

Alex also maintains an active pro bono practice. He has represented veterans seeking upgrades to military discharge status before the Air Force and Army discharge review boards. He has also represented a housing tenant in record-sealing efforts and an Arizona death row inmate in postconviction relief proceedings.

Prior to joining Morgan Lewis, Alex was based for over a decade in the Washington, DC office of another international law firm.

• Advised an American national security company in its acquisitions of multiple information technology companies
• Guided large and small companies concerning compliance requirements when launching a government contracting business with federal, state, and local agencies
• Advised defense contractors, commercial companies, and research organizations in the negotiation and performance of nontraditional agreements with the US government, including grants, CRADAs, and OTAs
• Advised several energy companies on compliance with US government cybersecurity requirements, including implementation of forthcoming Cybersecurity Maturity Model Certification (CMMC) requirements
• Represented several pharmaceutical companies in assessing substantial domestic manufacturing obligations under the Bayh-Dole Act and obtaining waivers of such requirements
• Provided government contracts due diligence advice to a private equity firm in numerous transactions, including its acquisitions of multiple national security and technology companies
• Represented utility and energy companies in securing and performing on grants and OTAs related to clean energy projects
• Represented pharmaceutical manufacturers in assessing march-in risks under the Bayh-Dole Act and other efforts related to government price controls
• Advised companies regarding supply chain restrictions, including domestic sourcing requirements and semiconductor and telecommunications prohibitions in US government contracting
• Provided due diligence advice regarding intellectual property and government funding considerations to a multinational pharmaceutical company in its acquisition of a biopharmaceutical company
• Represented civilian and defense contractors in assessing compliance concerns under US government contracts, disclosing violations when necessary, and negotiating favorable outcomes
• Advised several multinational commercial companies in establishing a US government contracting business, including by creating an initial compliance structure and assisting with General Services Administration schedule contracting matters
• Represented manufacturers of components for Department of Defense applications in compliance with MIL-SPEC requirements and subsequent investigation by the Department of Justice