Keith J. Feigenbaum is a government contracts trial lawyer representing federal government contractors in aerospace, national defense, and cybersecurity, export control, international trade and information security matters. Prior to joining Duane Morris, Mr. Feigenbaum served in several capacities with the U.S. Department of Defense, Defense Logistics Agency (DLA) Troop Support, Office of General Counsel, and the U.S. Army Judge Advocate General’s (JAG) Corps. Due to his government-military experience, Mr. Feigenbaum possesses unique insight into the complex government contracting and acquisition processes that allows him to anticipate issues, assess litigation risk, and develop practical solutions.
Mr. Feigenbaum’s experience includes assisting clients with all aspects of the Federal Acquisition Regulations, contract-related statutes and federal agency policies involving services and supplies vital to national defense and supply chain integrity throughout the U.S., Europe, Pacific, and the Middle East. In his career at DLA, Mr. Feigenbaum litigated multi-million-dollar contract claims before the Armed Services Board of Contract Appeals (ASBCA) and the U.S. Court of Federal Claims (COFC), managed the procurement fraud and suspension and debarment programs for a $15 billion-per-year DLA major subordinate command, and served as acquisition counsel for DLA’s pharmaceutical and medical/surgical device supply chain.
On active duty in the Army, Mr. Feigenbaum served as a contract and fiscal law counsel for the procurement of services and supplies throughout the U.S. Central Command (CENTCOM) area of operations and as a trial counsel for U.S. Army NATO units throughout Europe. As an Army Reservist, Mr. Feigenbaum is a lieutenant colonel and has served as an adjunct professor of government contract and fiscal law at the U.S. Army Judge Advocate General’s Legal Center and School in Charlottesville, Virginia, and legal advisor to the Army Reserve’s cyber protection brigade. He currently leads a national security law team of attorneys.
Mr. Feigenbaum earned an LL.M. in Taxation from Villanova University School of Law. He also earned a J.D. from the Widener University School of Law-Delaware, where he was editor-in-chief of The Delaware Journal of Corporate Law, and a B.A. in journalism and French from James Madison University. He is proficient in French.
Areas of Practice
Procurement and Appropriations Law: Antideficiency Act, appropriation acts, national defense authorization acts, the Uniform Guidance, public-private partnerships, Economy Act transactions, property disposition and transfer, federal funding types and sources, funding limits, continuing resolutions and the use of appropriated/non-appropriated funds.
Bid Protests: Requests for proposals, requests for quotations, past performance evaluations, solicitation ambiguities, cost/price evaluations, meaningful discussions, technical evaluations, sole source determinations, Competition in Contracting Act (CICA) performance stays and overrides, organizational conflicts of interest and unduly restrictive statements of work.
Government Contracts Law and Litigation: Contract claims and appeals, suspension and debarment, international trade and export controls, personnel clearances (PCL), facility security clearances (FCL), obtaining contract payment, non-appropriated fund activities, requests for equitable adjustment (REA), contract modifications and extensions, regulatory compliance, research and development agreements, indefinite delivery – indefinite quantity (ID/IQ) award and order issues, engineering and procurement agreements, basic ordering agreement issues (BOA), false claims, security cooperation, changes in work or scope, grants, other transaction authority (OTA), cooperative agreements and subcontractor claims.
Construction Law and Litigation: Protests, claims, project delay/acceleration, environmental compliance, design and fabrication, geotechnical reports, earth moving, construction/direct contract change orders, differing site conditions, defective specifications or drawings, international projects and foreign military sales.
- Represented an aerospace client on compliance with contract terms for a $285 million Department of Defense contract for the transport of goods and a $126 million transportation contract.
- Represented an aerospace client in drafting and implementation of an export control program manual, technology control plan, and related export control and cybersecurity compliance documents.
- Represent an aerospace client on compliance with the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and Office of Foreign Assets Control (OFAC) regulations.
- Obtained a favorable country of origin ruling from U.S. Customs and Border Protection (CBP) for gaming industry client.
- Drafted and implemented a Foreign Corrupt Practices Act (FCPA) compliance policy for a global defense contractor.
- Investigation and representation of a research university in responding to a Government request for information regarding present responsibility as a federal government contractor, and in addressing a multi-agency government investigation into research accounting and compliance matters.
- Obtained a favorable decision on a motion to strike portions of a complaint related to the present responsibility of a contractor and Defense Security Service (DSS) rules for personnel security clearances (PCL) and facility clearances (FCL).
- Advised a defense contractor on application for an FCL.
- Advised on implications of company name change and drafted related documents for defense contractor.
- Drafted commercial agreements between a prime contractor and subcontractor for multimillion-dollar warehousing deal in the Middle East.
- Advised on and drafted notices related to government contracts, export control, and Committee for Foreign Investment in the U.S. (CFIUS) due diligence matters for multimillion-dollar acquisition of client manufacturing company.
- Advised on government contracts, data rights, and export control due diligence matters for multimillion-dollar acquisition of a government contractor.
- Advised on government contracts, small business, and export control due diligence matters for multimillion-dollar acquisition of a government contractor.
- Drafted a joint venture agreement for a Defense Commissary Agency (DeCA) contractor, and advised on terms of a subcontract agreement under a DeCA contract.
- Advised aerospace client on terms of joint venture agreement.
- Assists clients with the implementation of cybersecurity and information security safeguarding processes to protect Controlled Unclassified Information (CUI), Covered Defense Information (CDI), and Sensitive Security Information (SSI).
- Drafted Touhy and Freedom of Information Act (FOIA) requests.
- Obtained remand for pro bono client of case before the Court of Appeals for Veterans Claims (CAVC) based on an improper burden shifting under Veterans Administration laws.
- New Jersey
- U.S. Court of Appeals for Veterans Claims
- Villanova University Charles Widger School of Law, LL.M., Taxation, 2014
- Widener University School of Law, J.D., 2006
- Editor-in-Chief, The Delaware Journal of Corporate Law (Vol. 31)
- James Madison University, B.A., 2001
Duane Morris LLP
- Associate, 2018-present
U.S. Department of Defense, Defense Logistics Agency (DLA), Office of Counsel
- Senior Trial Counsel, 2016-2018
- Senior Procurement Fraud Counsel, 2014-2016
- Assistant Trial Counsel, 2013-2014
- Assistant Counsel, Contracts (Medical Supply Chain), 2011-2013
- U.S. Army Reserve, 153rd Legal Operations Detachment
- National Security Law Team Leader/Army Lieutenant Colonel, 2019-present
U.S. Army Reserve, Cyber Protection Brigade
- Legal Advisor/Army Major, 2016-2019
U.S. Army Reserve, U.S. Army Judge Advocate General’s Legal Center and School
- Adjunct Professor of Contract and Fiscal Law/Army Major, 2014-2016
U.S. Army Reserve, 16th Legal Operations Detachment
- Senior Defense Counsel/Army Major, 2011-2014
U.S. Army, 3rd Army/Army Central
- Contract and Fiscal Law Attorney/Army Captain, 2010-2011
U.S. Army, 21st Theater Sustainment Command
- Trial Counsel/Army Captain, 2008-2010
- Chief, Client Services/Army Captain, 2007-2008
- Diversity Vice Chair, ABA International Law Section, National Security Committee
- Co-author, "Recent Executive Actions by the Biden Administration Create New and Expanded Opportunities for Small and Mid-Sized U.S. Businesses," Duane Morris Alert, February 11, 2021
- Co-author, "Transportation Industry Gets $100 Billion in Aid from CARES Act," Duane Morris Alerts, April 1, 2020
- Co-author, "USTR Announces Increased Duties of 15 Percent on Certain Large Aircraft Imported from EU," Duane Morris Alert, March 11, 2020
- Co-author, "Department of Defense Releases Cybersecurity Maturity Model Certification Framework for DoD Contractors," Duane Morris Alert, February 13, 2020
- Co-author, "U.S. Trade Representative Requests Comments on Section 301 Investigation into the Enforcement of WTO Rights in U.S.-EU Airbus Dispute," Duane Morris Alert, December 17, 2019
- Co-author, "New Cuba Sanctions Include Changes in Aircraft-Lease Licensing Policy, License-Exception Restrictions and a 10 Percent De Minimis Rule," Duane Morris Alert, October 23, 2019
Co-author, "U.S. Department of Treasury Warns Civil Aviation Industry About Iran's Attempts to Procure U.S. Aircraft Parts, Related Goods, Technology or Services," Duane Morris Alert, July 25, 2019
Co-author, “The Assault on Judicial Independence and the Uniquely Delaware Response,” 114 Penn St. L. Rev. 217, 2010
Selected Speaking Engagements
- Presenter, "Implications of the False Claims Act for University Research," Georgia Tech University, Webinar, June 8, 2021
Panelist, "Fiscal Year 2019 National Defense Authorization Act: LPTA v. Best Value Procurements,” Society of American Military Engineers (SAME) 13th Annual Small Business Conference, Philadelphia, PA, March 8, 2019