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Lombardo Law

Specializing in U.S. Export Controls 

& Government Contracts

 

Kevin Lombardo

Kevin has over 20 years of experience in U.S. export controls and government contract law, practicing for much of his career as a partner at Dentons U.S LLP (formerly McKenna Long & Aldridge) and Bryan Cave (now Bryan Cave Leighton Paisner).  He works closely with clients on a wide-range of matters related to these areas, including complex international investigations for multi-national corporations, as well as daily counseling issues for small businesses.

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Kevin focuses his practice on international trade regulations.  He counsels U.S. and non-U.S. clients regarding matters involving the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), the regulations enforced by the Office of Foreign Assets Control (OFAC), the U.S. anti-boycott regulations and the Foreign Corrupt Practices Act (FCPA).  With respect to these areas, Kevin designs and implements compliance programs, provides training sessions and handles daily counseling questions.  He also conducts audits of export compliance programs for both domestic and international operations, including audits directed by the Directorate of Defense Trade Controls (DDTC) and due diligence reviews in furtherance of a merger or acquisition (M&A). Kevin has worked closely with clients to determine the proper jurisdiction and classification of technology under the export laws, including--if necessary--submitting Commodity Jurisdiction (CJ) requests to DDTC or Commodity Classification Requests to the Bureau of Industry and Security (BIS).  He assists clients in various industries with obtaining the proper export authorizations from the relevant government agency.  Routinely, Kevin conducts internal investigations and advises clients regarding alleged violations of U.S. export controls, including counseling clients on disclosures and representing clients in enforcement proceedings before the relevant U.S. government agency.

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In addition to counseling clients on export control matters, Kevin advises companies on foreign investment in the U.S. that could implicate the regulations imposed by the Committee on Foreign Investment in the U.S. (CFIUS), including implementing solutions to limit Foreign Ownership, Control or Influence (FOCI).

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Kevin also has experience in federal government contracting, including handling issues related to contract formation, compliance, disputes, terminations and investigating allegations of fraud.  He has investigated, prepared and litigated numerous successful contract claims against the government.  Kevin regularly counsels clients on government contract compliance issues (including designing and implementing government contract ethics and compliance programs), prime contractor and subcontractor negotiations/disputes (including FAR/DFARS flowdowns), and managing internal investigations.  He has defended cases brought under the False Claims Act (FCA), and helped manage litigation in several FCA cases, including representation of one of the defendants in Allison Engine Co. v. United States ex rel. Sanders, a qui tam case heard before the United States Supreme Court.

 

Honors

Super Lawyers, “Rising Star,” 2009-2015

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Los Angeles Daily Journal 2011: Selected as one of the “Top 20 Under 40” California Lawyers

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Member of the Order of the Coif, Loyola Law School, 2001

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Education

Kevin received his JD, cum laude, from Loyola Law School in 2001.  During law school he served as a judicial extern for the Honorable Stephen J. Hillman, U.S. Magistrate Court. He also studied abroad, taking courses in international law at Trinity College of Law in Dublin, Ireland.

 

Kevin received his Bachelor’s degree, with honors, from the University of Washington in 1997.

 

Previous Experience

Kevin started as an associate at McKenna & Cuneo in 2001, which later became McKenna Long &Aldridge LLP.  In 2010, he was elevated to partner at McKenna in the firm’s government contracts department.  Kevin was also a partner at Bryan Cave LLP (2013-2015) and Dentons US LLP (2015-2018).

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Prior to attending law school, he worked for The Boeing Company in Seattle, Washington.

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​  Articles/Publications​

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  • Co-author, “Government Contracts Legislative and Regulatory Update,” Dentons Monthly Government Contracts Newsletter, June 2015 – January 2018

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  • Co-author, “International Supply Chain Risks and Challenges for U.S. Government Contractors,” The Government Contractor, April 12, 2017 

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  • Co-author, “Federal Contracting: What Tech Companies Need to Know,” Silicon Valley Institute on Government and Technology, July 2016

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  • Contributing author, Government Contracts Compliance, 2015 ed.: Leading Lawyers on Understanding Enforcement Trends and Updating Compliance Programs (Inside the Minds), author of chapter entitled, “Government Contract Compliance: An Overview for Companies New to Government Contracts,” Aspatore Books, 2015

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  • Co-author, “Eleventh Circuit Holds that Affiliates of Indicted Contractor May Be Suspended from Government Contracting Indefinitely, Despite No Wrongdoing,” January 2014

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  • Co-author, “Export Compliance in Tough Times: There Is No Magic Bullet,” BNA’s Federal Contracts Report, 28 Int’l Trade Rep. 798, 799 (2011)

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  • Co-author, “Anti-Corruption Compliance Programs Are Critical for All Companies Doing Business Internationally,” WestLaw Expert Commentary Series: INTERNATIONAL BRIBERY: FCPA UPDATE 2011

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  • Co-author, “Mergers & Acquisitions: Companies Must Conduct Anti-Corruption Due Diligence,” 2010

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  • Co-author, “Export Control Reform - At Last?,” 2010

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  • “United Kingdom Enacts New Bribery Act,” 2010

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  • Co-author, “Want A Smooth Transition? Plan Your Acquisition Carefully,” BNA’s International Trade Reporter, 2010

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  • Co-author, “Is It ITAR? Practical Tips For Submitting Commodity Jurisdiction Requests," 2010

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  • “The Art Of The Voluntary Disclosure In A Stepped-Up Enforcement Environment,” 2009

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Presentations

  • Guest speaker, “Enforcement of U.S. Export Controls,” University of Liverpool, London Campus, January 25, 2017

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  • Co-presenter, “Intellectual Property in Government Contracts: Patents, copyrights, trademarks, and data rights,” San Diego, CA and Palo Alto, CA, September 21-22, 2016

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  • Panel moderator, “Expanding Presence in Silicon Valley: DHS Office Pushing for Deeper Access to Technology,” Dentons Silicon Valley Institute on Government and Technology, June 9, 2016

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  • Co-presenter, “International Trade Update: OFAC, Export Control Reform, Foreign Corrupt Practices Act,” 2016 Dentons Government Contracts Briefing, Denver, CO, May 10, 2016

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  • Co-presenter, “Key Issues in the Business Planning, Sale and Acquisition of a Government Contractor,” Dentons Silicon Valley Institute on Government and Technology, November 10, 2015

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  • Co-presenter, “Defense Trade: Current Players, Policies and Processes in the Context of Export Control Reform,” US Commercial Service’s “Defense Trade Essentials,” Los Angeles, CA, December 9, 2014

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  • Co-presenter, “Academia and Related Export Controls: The Impact & Implications of Compliance and Non-Compliance,” Long Beach, CA, December 8, 2014

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  • Presenter, “The Foreign Corrupt Practices Act: Strategies for Compliance,” University of Southern California, Marshall School of Business, Los Angeles, CA, November 18, 2014

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  • Presenter, “A Complete Guide to New Definitions, Re- Classification, and the Impact of ECR on Your Technology Transfers under the EAR and ITAR: How to Identify and Resolve New, Evolving Compliance Challenges Affecting Your Bottom Line,” American Conference Institute’s 8th Export Controls Forum on International Technology Transfers and Deemed Export Compliance, San Francisco, CA, September 15-16, 2014

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  • Presenter, “Basics of Global Trade for the Defense/Aerospace Client,” State Bar of California, Annual Meeting, San Diego, CA, September 11, 2014

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  • Co-presenter, “The Foreign Corrupt Practices Act: Top 5 Practice Tips & Strategies for Compliance,” Asian/Pacific Business Outlook, University of Southern California Marshall School of Business, Los Angeles, CA, April 8, 2014

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  • Panel moderator, “How Much an Export Violation Could Cost Your Company: Recent Cases, Investigations, and Penalties that Will Grab Your Senior Management’s Attention,” American Conference Institute’s 2014 ITAR Boot Camp, San Diego, CA, February 28, 2014

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  • Co-presenter, “How to Identify Which Items, Technology and Services are Still ITAR-Controlled: The Nuts and Bolts of Determining ITAR Jurisdiction,” American Conference Institute’s 2014 ITAR Boot Camp, San Diego, CA, February 27, 2014

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  • Presenter, “Export Control Reform: 10 Unexpected Effects,” American Association of Exporters & Importers 2014 Western Regional Seminar, Los Angeles, CA, February 6, 2014

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  • Co-presenter, “Legal Implications, Including Interactive Case Studies, Consequences of Non-Compliance and Lessons Learned,” U.S. Commercial Service’s Hot Topics for Export Compliance Professionals, Los Angeles and San Diego, CA, December 3 & 5, 2013Co-presenter, “Harmonized Core Best Practices: Top Ten Essentials or Consolidating the Relevant Standards in One Source,” US Commercial Service’s Hot Topics for Export Compliance Professionals, Los Angeles and San Diego, CA, December 3 & 5, 2013

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  • Co-presenter, “Academia and Related Export Controls: The Impact & Implications of Compliance and Non-Compliance,” Counterintelligence Strategic Partnership Academic Alliance Seminar, Los Angeles, CA, December 2, 2013

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  • Co-presenter, “The Pratt & Whitney Canada Settlement and Other Recent US Export Enforcement Cases: What They Reveal about New Penalty Risks and Compliance Requirements for Large and Smaller Canadian Companies,” American Conference Institute’s US Export & Re-Export Compliance Seminar for Canadian Operations, Toronto, ON, January 23-24, 2013

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  • Presenter, “Staying Out of Trouble: Crucial Enforcement, Legal and Regulatory Perspectives,” US Commercial Service’s Workshop for Export Compliance Professionals, Los Angeles and San Diego, CA, December 4 & 6, 2012

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  • Presenter, “Jurisdiction & Classification: The Critical Importance of Getting Them Right,” US Commercial Service’s Workshop for Export Compliance Professionals, Los Angeles and San Diego, CA, December 4 & 6, 2012

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  • Co-presenter, “Export Reform—What To Do To Prepare for Ongoing & Upcoming Changes,” US Commercial Service’s Workshop for Export Compliance Professionals, Los Angeles and San Diego, CA, December 4 & 6, 2012

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  • Presenter, “Is ITAR Changing? An Insight Into Compliance,” Tijuana EDC Defense Compliance Workshop, San Diego, CA, October 10, 2012

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  • Co-presenter, “Classifying Your Articles, Technology and Services: How to Determine ITAR Jurisdiction over Defense, Commercial and ‘Dual-Use’ Items, Plus Tips For Submitting Commodity Jurisdiction Requests,” American Conference Institute’s 8th annual ITAR Boot Camp West, San Diego, CA, February 28-29, 2012

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  • Presenter, “Securing Technical Assistance Agreements and Manufacturing License Agreements: How To Meet DDTC and DTSA Expectations,” American Conference Institute’s 8th annual ITAR Boot Camp West, San Diego, CA, February 28-29, 2012

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  • Co-presenter, “Designing US Export Compliance Programs for Canadian Operations: Core Elements to Include in Your Compliance and Training Manuals, Policies and Procedures,” Toronto, ON, January 31-February 1, 2012

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  • Co-presenter, “Minimizing The Risk Of Technical Data And Defense Services Export Violations,” American Conference Institute’s 6th National Forum on ITAR Compliance, Washington, DC, July 13-14, 2011

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  • Co-presenter, “Doing Business With The Government: How to Make It A Painless & Profitable Experience,” Association of Corporate Counsel (San Diego Chapter) Government Contracts Workshop, San Diego, CA, June 15, 2011

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  • Presenter, “Export Compliance Training, Updates & Trends: How To Set-up A Successful Compliance Program,” Orange County Bar Association Corporate Counsel Section Export Workshop, Irvine, CA, March 8, 2011

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  • Presenter, “Limitation Of Liability In Government And Commercial Contracting,” NCMA South Bay Chapter’s Government Contracts Workshop, Los Angeles, CA, February 17, 2011

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  • Presenter, “Export Compliance Reform: The Way Ahead,” Knowledge Congress Webinar, February 9, 2011

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  • Presenter, “Export Administration Regulations and the International Traffic in Arms Regulations: Compliance Concerns,” US Commercial Service’s Workshop for Challenges Facing Empowered Officials, Los Angeles, CA, November 8, 2010

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  • Presenter, “Enforcement Trends & Concerns, Including Best Practices for Submitting Voluntary Disclosures: Hands-on, Interactive Case Studies,” US Commercial Service’s Workshop for Challenges Facing Empowered Officials, Los Angeles and San Diego, CA, November 8 & 10, 2010

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  • Co-presenter, “Export Control Reform: Impact & Implications,” US Commercial Service’s Workshop for Challenges Facing Empowered Officials, Los Angeles, CA, November 8 & 10, 2010

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  • Presenter, “Changes & Equitable Adjustments in Government Contracts,” Federal Publication Seminars, China Lake, CA, July 14-15, 2010

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  • Presenter, “Export Control Reform,” Trade Compliance Group Seminar, San Diego, CA, July 8, 2010

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  • Co-presenter, “Doing Business Globally: Rewards and Risk Factors,” Ignite Export Conference, San Diego, CA, June 10, 2010

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  • Presenter, “Foreign Corrupt Practices Act And The UK Bribery Act: Staying Compliant In The Era Of Aggressive Enforcement,” NCMA South Bay Chapter Workshop, Los Angeles, CA, May 18, 2010

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  • Presenter, “Understanding Export Controls: ITAR, EAR, And The OFAC Regulations,” District Export Council’s World Trade Forum, Riverside, CA, May 5, 2010
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  • Presenter, “The Deemed Export Rule,” Foreign Trade Association Webinar, September 16, 2009

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  • Presenter, “Export Compliance In Tough Times,” NCMA South Bay Chapter Workshop, Los Angeles, CA, December 9, 2008

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  • Presenter, “Complying With The International Traffic in Arms Regulations: Changes and Trends at the State Department,” US Commercial Service’s Export Compliance Workshop, Los Angeles, CA, July 30, 2008

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  • Presenter, “Award Fee Contracting: The Basics And Pitfalls,” NCMA San Fernando Valley Chapter’s Government Contracts Workshop, March 15, 2007

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  • Presenter, “Contract Claims and Equitable Adjustments,” NCMA San Fernando Valley Chapter’s Government Contracts Workshop, March 15, 2007

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