Hurewitz, Barry J.

Lawyer Overview

Barry J. Hurewitz is a partner in the firm's Regulatory and Government Affairs Department, and a member of the Defense, National Security and Government Contracts and Communications, Privacy and Internet Law practice groups. He is also a member of the firm’s Corporate and Transactional Department. He joined the firm in 1994.

Practice

Mr. Hurewitz’s multidisciplinary practice focuses on government transactions and the regulation of technology and information.

Mr. Hurewitz advises for-profit and non-profit clients on government contracts and other funding arrangements, including analysis of funding opportunities; proposal preparation and bid protests; negotiation of contract terms; allocation of government rights in patents, software and technical data; contract administration issues; claims, disputes and terminations; teaming agreements and subcontracting; and audit and enforcement issues. He counsels clients on contract compliance matters such as foreign source restrictions, small business eligibility and preferences, contract financing, federal health care program compliance, most-favored pricing and GSA schedule contract requirements.

Mr. Hurewitz navigates the implications of federal assistance in funding agreements and technical collaborations including Cooperative Research and Development Agreements and “other transactions” such as Technology Investment Agreements, Materials Transfer Agreements, and Space Act Agreements that enable companies to leverage government resources and technologies.

Mr. Hurewitz helps clients with regulated technologies to engage in global markets. This advice encompasses compliance, licensing, voluntary disclosures, and enforcement under Commerce Department and State Department export control regulations, Treasury Department foreign assets control and economic sanctions regulations; and global information security and encryption policies.

Mr. Hurewitz counsels clients on the regulation of information, including industrial security and government security clearances, privacy of personal consumer and health information, online privacy practices, data security and identity theft, and security breach response.

In corporate transactions and public company representations, Mr. Hurewitz advises issuers, underwriters, and buyers and sellers on the special regulatory considerations affecting companies with government funding and sensitive technologies or data. In transactions involving acquisitions by non-U.S. companies, Mr. Hurewitz advises on national security considerations and represents transaction parties before the Committee on Foreign Investment in the United States.

Recent Highlights

• Negotiated teaming agreement and subcontract terms for an information technology contractor under a major multi-year federal information technology upgrade project.
• Advised an early-stage pharmaceutical company on the intellectual property, accounting and regulatory implications of federal government research grant funding.
• Secured clearances from the Committee on Foreign Investment in the United States for acquisitions of US technology companies by foreign-owned buyers.
• Developed export control compliance and technology control plans for companies with classified and ITAR-controlled technologies.
• Advised a non-US information technology outsource service provider on federal contracting policies and the implementation of enhanced export control visa application certifications.
• Advised recipients of American Recovery and Reinvestment Act funding on executive compensation and subcontract reporting, domestic sourcing requirements and audit criteria.
• Represented a non-profit recipient of federal grant funding in an Inspector General investigation.
• Investigated and prepared voluntary self-disclosures of violations of Commerce Department and Treasury Department regulations restricting the availability of commercial encryption-enabled software.
• Advised federal contractors and subcontractors on suspension, debarment and other collateral consequences of negotiated settlements of False Claims Act allegations.
• Managed clients’ responses to breaches of personal data, mandatory notification and reporting to regulatory authorities.
• Represented a Small Business Innovation Research program participant on size determination and administrative appeal.
• Advised GSA schedule contractors on most-favored pricing terms and implementation of small business subcontracting plans.
• Obtained waivers of US Department of Energy patent rights in inventions conceived under a federally funded renewable energy research grant programs.
• Developed framework agreements for a cooperative research collaboration with the Department of Veterans Affairs.

Professional Activities

Mr. Hurewitz is a member of the Advisory Board for the Thomson-Reuters North American Free Trade and Investment Report and participates in the Technology Council of the Washington DC Economic Partnership.

Representative Presentations

• WilmerHale Intellectual Property Conference, New York, NY (October 26, 2011)
• WilmerHale Intellectual Property Primer for Start-Ups and Emerging Companies, Waltham, MA (September 15, 2011)
• The 11th Annual WilmerHale Intellectual Property Conference, Boston, MA (May 24, 2011)
• Washington DC Economic Partnership UK Trade Mission, "The U.S. Federal Government: Unlocking Information Technology Sales Opportunities," Washington, DC (February 17, 2011)
• Legal Issues for Start-Ups: What Every Entrepreneur Should Know, Cambridge, MA (April 29, 2010)
• Washington Metropolitan Area Corporate Counsel Association, "Know Before You Buy – M&A Due Diligence of Government Contractors," Vienna, VA (January 14, 2010)
• Massachusetts Export Center Annual Conference on Export Controls, Boston, MA (Dec. 9, 2009)
• FOSE 2007, "Managing the Top Legal Considerations in Federal Contracting," Washington, DC (March 16, 2007)
• Farnborough International Air Show, "Important Legal Issues in U.S. Defense Trade Alliances," Farnborough, England (July 20, 2006)
• Harvard Information Infrastructure Project, Harvard University Kennedy School of Government, "Current Developments in U.S. Privacy Regulation," Cambridge, MA (November 26, 2001)

Areas of Practice

• Communications, Privacy and Internet Law
• Defense, National Security and Government Contracts
• Information Technology
• Internet, E-Commerce and New Media
• Nanotechnology
• Regulatory and Government Affairs
• Export Controls and Economic Sanctions
• Government Contracts and Procurement Counseling
• Foreign Investment in the US (CFIUS)

West Practice Categories

Cable (Broadband), Cellular Communications, Communications & Media Law, Defense Contracts, Digital Communications, Electronic Commerce, FCC, Federal Contracts, Government Contracts, International Telecommunications, Internet, Internet, Science & Technology Law, Telecommunications, Wireless Communications

Bar Admissions

• District of Columbia
• Maryland

Education

• Georgetown University Law Center, 1994
  JD
  Honors: magna cum laude
• Duke University, 1991
  AB
  Honors: cum laude

Published Works

• Tracking EU And Transatlantic Export Controls, 2011
• European and Transatlantic Export Controls: Europe's New Dual-Use Green Paper, 2011
• US, EU and International Sanctions Against Libya, 2011
• President Obama Announces Sweeping Changes in Export Control Regulation, 2010
• U.S. Expands Iran Sanctions Regime and Extends Non-U.S. Company Liability, 2010
• New UN, U.S. and EU Iran Sanctions Announced, 2010
• Administration Unveils Proposal for Export Control Reform, 2010
• OFAC Issues New Rule on Personal Internet-Based Communications Services: Rule Intended to Foster and Support the Free Flow of Information, 2010
• Emerging Consensus Favors Major U.S. Export Control Reform, But Odds for Legislation Remain Unclear, 2010
• Federal Trade Commission Delays Enforcement of Red Flags Rule Again, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Federal Trade Commission Further Delays Enforcement of "Red Flags Rule", 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Red Flag Rules Go into Full Effect on August 1, 2009, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Agencies Release Rules Regulating Furnisher Obligations Under FACT Act Imposing Major New Duties, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• HHS and FTC Issue Guidance on Protection of Health Information, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Recent Renewable Energy and Clean Technology Developments, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Renewable Energy and Clean Technology Funding Opportunities, 2009
• Federal Economic Stimulus Legislation Broadens HIPAA Health Data Privacy and Security Regulations While Boosting Health IT, 2009
• Market Crisis--New Draft Legislation, 2008
• Reacting to the Market Crisis, 2008
• Children's Products Importers Given 60 Days to Submit Unpublished Lead Studies to EPA, 2008
• Transferring HR Data from the European Union to the United States: Binding Corporate Rules Offer Another Compliance Option, 2006
• California Requires Online Privacy Policies, Prompting Changes to Websites, 2004
• Congress Passes First National Spam Law; Critics Question Whether It Will Work, 2003
• High-Tech Industries Face New Immigration and Visa Rules, 2003
• Federal Agencies Mull Changes in Software Licensing, 2003
• Data Security Gains Attention from Regulators and Private Claimants, 2003
• With Fewer, Larger Federal Contracts, Small Companies Await New Government Policies, 2003
• With Investors Sidelined, More Companies Turn To Uncle Sam, 2003
• Health Care Industry Gears Up for a Series of HIPAA Deadlines, 2003
• Homeland Security Bill Holds New Opportunities for Technology Companies, 2002
• Proposed Massachusetts Anti-Spam Law Adds to Debate Over State Regulation, 2002
• Seminar Explores Data Protection Challenges for Companies with U.K. Operations, 2002
• EU Data Protection - Are You Up to Speed? London and Boston, 2002
• Courts Find that Online Profiling Is Legal, 2002
• First HIPAA Compliance Deadline Is October 16; Extension Requests Due October 15, 2002
• New E.U. Spam Restrictions Won't Stop US Marketers, 2002
• Export Compliance and Controls - Massachusetts Export Center Evening Export School, 2002
• US Companies Face Choices on European Data Privacy Regulation, 2001
• Current Developments in U.S. Privacy Regulation, 2001
• Technology Companies Boosted by Government Anti-Terrorist Purchases, 2001
• Technology Companies Affected by Government Responses to Terror Attacks, 2001
• Financial Companies Face July 1 Deadline for Sending Privacy Notices, 2001
• As Bioinformatics Matures, New Laws and Regulations Follow, 2001
• Japanese Proposed Legislation to Protect Personal Data, 2001
• Location-Based Wireless Services Face Privacy Challenges, 2001
• Wireless Privacy: Legal Considerations for Location-Based Wireless Services, 2001
• US - EU Privacy "Safe Harbor" Greeted with Skepticism, 2001
• Courts Declare Two State Anti-Spam Laws Unconstitutional, 2000
• Does Your Web Site Need to Comply with the Americans with Disabilities Act?, 2000
• New Encryption Rules Allow More Exports, 2000
• Privacy Standards Emerge for Online Profiling, 2000
• New "Digital Signature" Law Promotes Electronic Contracting, 2000
• New Encryption Export Regulations May Be Changed Again Soon, 2000
• FTC Calls for Federal Online Privacy Law, 2000
• FTC Raises Its Profile on E-Privacy Issues, 2000
• Regulating Privacy in the Internet Age, 2000
• Effective Date Looms for New Federal Children's Privacy Rules, 2000
• New Law Targets Cybersquatting, 1999
• Clinton Administration Proposes Privacy Safeguards for Electronic Medical Records, 1999
• Lawmakers Seek Crackdown on Spam, 1999
• New Agreement May Save Conflict-plagued Domain Name System, 1999
• Encryption Exports Proposed to Be Deregulated in Policy Shift, 1999
• Encryption Source Code Export Ban Challenged, 1999
• EU-US Negotiate EU Data Privacy Directive, 1999
• Exporting in Cyberspace: Federal Export Controls and the Internet, 1999

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