Federal, State and Local Government Law

The team at Birch Horton Bittner & Cherot specializes in advising clients on federal government programs and opportunities for small businesses. Programs exist for individuals and certain entities like Tribes and Alaska Native corporations that are thinking of starting new businesses as well as those running small or disadvantaged businesses. Our clients also include large businesses ready to collaborate, develop joint ventures and subcontract with small businesses on federal government procurements.

We understand that small businesses often have resource constraints, so we provide efficient, targeted services to meet the client’s specific needs. We pride ourselves on offering our clients personal attention, reliable responsiveness and practical legal advice. We strive to assist clients through the evolutionary process, from new and small businesses to more diversified and larger businesses.

Birch Horton Bittner & Cherot’s small business government contracting group is known as one of the best in the country. The leader of this group, Jon M. DeVore, worked for the U.S. Small Business Administration (SBA) as a district counsel for more than 13 years. We counsel clients regarding mentor-protégé relationships, joint ventures, and teaming agreements. We assist clients regarding SBA small business programs, such as the 8(a) Business Development program, HUBZone program, women-owned small businesses (WOSB), service-disabled veteran-owned small businesses (SDVOSB), veteran-owned small businesses (VOSB), and minority-owned businesses. We also counsel clients regarding the Disadvantaged Business Enterprise (DBE) program, which is regulated by the U.S. Department of Transportation and administered by state governments.

Our attorneys also help companies and individuals determine whether they are eligible, how to apply, and what to do if the application is denied. For participants admitted to the 8(a) program, we provide advice about SBA’s continued eligibility requirements and answer questions about various SBA approvals that must be obtained by 8(a) participants.

If bidders believe a federal bid procurement process was handled improperly, they may be able to protest the solicitation parameters or bid outcome contract award. Whether a contractor believes that the bid procurement evaluation process was unfair or that the awardee was not qualified the owner accepts a bid that should have been disqualified for the contract, it’s important that these protests are made quickly after the selection process as issues arise (and protest deadlines pass) within the procurement process.

Birch Horton Bittner & Cherot lawyers have the experience and knowledge necessary to handle these protests efficiently whether it is in the Federal Court of Claims, the Government Accountability Office (GAO), or an agency appeal. We have learned not to rely on government agencies to understand or protect our clients’ unique experiences, needs, or challenges. Our dedicated team has the skills and experience needed to protect your rights and interests to seek a for a successful protest, where successful protesters may be able to obtain reconsideration of an award or recovery of bid protest preparation costs. We also represent prospective contract awardees who can or intervene in bid protests to defend an award and protect their sensitive business information. defending against a protest, where bidders may be able to obtain reconsideration of award or recovery of bid preparation costs. We have learned not to rely on the government agency’s to understand or protect our clients’ unique experiences, needs, or challenges.

Birch Horton Bittner & Cherot attorneys can assist clients in acquiring, retaining, or transferring a variety of concessions contracts, commercial use authorizations, incidental business permits, special use permits, and other forms of federal and state agency authorizations to provide commercial recreational services on public lands.

Our attorneys include former senior federal agency officials and congressional staff who have the invaluable knowledge and experience necessary to successfully navigate the federal system.

We work extensively with the National Park Service (NPS), the U.S. Forest Service and other agencies on matters ranging from contracts for major lodging or transportation to permits for horse packing services.

Many of these issues involve matters affected by Congress as a body and by its members individually. Accordingly, our attorneys maintain strong relationships with key committees, their respective members and staff, including the U.S. Senate Committee on Energy and Natural Resources and the House Committee on Natural Resources.

The federal False Claims Act (FCA) is a very complex area of the law with a number of unique provisions that an inexperienced attorney may overlook or misinterpret. The attorneys at Birch Horton Bittner & Cherot have the backgrounds and experience to assist any company or health care provider in properly defending this type of action.

For instance, the FCA is the primary weapon in combating fraud against the federal government. The FCA covers fraudulent claims made against any federal agency, program, contract or grant. Many states have similar laws to protect themselves against fraud. Under the FCA, whistleblowers are permitted to bring cases on behalf of the federal government to recover damages on its behalf.

The FCA incentivizes whistleblowers to report fraud by offering a percentage of any reward recovered from an ensuing lawsuit, generally in the range of 15% to 25%. Under the FCA, the reporting individual is known as the “relator.” The government has the option to either step in and litigate or decline the case. If the government declines to proceed, the relator may continue on behalf of the government. If the relator succeeds, they are entitled to a larger percentage of the recovery (25% to 30%).

Because of the potential for an award of an enormous amount of damages, it is important to retain the services of an experienced law firm such as Birch Horton Bittner & Cherot.

Government Procurement and Small Business Development

Birch Horton Bittner & Cherot has a uniquely strong small business and small business federal procurement practice that emphasizes the Small Business Administration (SBA) minority and Small Business Development programs and the SBA 8(a) Business Development program.

Our large client base includes Alaska Native Corporations, service-disabled veteran–owned businesses and small and large businesses actively engaged in the federal procurement process. We have also assisted small businesses in obtaining federal grants and loans as well as given assistance in small business development. Jon M. DeVore, a senior attorney at the firm, was a district counsel with the SBA for more than 13 years and has 10 years of experience in policy analysis and statutory drafting and implementation as a congressional staffer.

Land Use Law

BHBC attorneys represent municipalities, landowners and property developers in the full spectrum of local land use matters. BHBC’s land use law practice includes the following:

• Drafting municipal code provisions regarding zoning, subdivisions, environmental protection and land use regulatory procedures.
• Advising municipal land use administrative boards and commissions on adjudicating land use entitlement applications.
• Advising property owners and developers on compliance with land use regulatory requirements and advocating for them before local land use law administrators.
• Representing property owners and developers before municipal land use administrative boards and commissions in support of applications for re-zonings, conditional uses, variances and subdivision plats.
• Litigation challenging and defending local land use administrative decisions.
• Litigation to enforce land use regulations on behalf of municipalities and private landowners.

As members of local planning and zoning boards and commissions, our attorneys have also experienced the land use regulation process from the citizen’s point of view. From drafting and advising to litigation, BHBC attorneys have the experience you need in land use law.

Birch Horton Bittner & Cherot’s government relations practice spans the legislative and executive branches of the federal government and extends to selected state and local agencies. In Alaska, we serve clients on regulatory issues and other matters before municipal and borough governments, state agencies, and the Alaska State Legislature.

At the federal level, we devise comprehensive strategies for our clients to engage in the legislative and regulatory arenas. We have assisted individuals, organizations, municipalities, and corporations of all sizes in solving problems and achieving important federal objectives.

On Capitol Hill, we work closely with individual members of Congress, committees, and key staffers on transportation, energy, natural resources, commerce, defense, homeland security, oversight, and appropriations matters. We monitor, review, analyze, and even draft legislation. We advise on pending congressional activity, arrange and attend meetings with key government officials, represent clients at congressional and agency hearings, and help identify and secure federal funding solutions. Several of our attorneys have extensive, senior-level Capitol Hill and federal agency experience. We know who to talk to and what to say.

We’ve built an extensive network of contacts with federal agencies such as the Federal Communications Commission, the Department of Agriculture, the Department of the Interior, the Department of Transportation and the Department of Homeland Security. This network enables us to keep abreast of the latest regulatory, funding and administrative developments that may impact our clients and provide timely advice.

Our goal is to help clients proactively solve problems and create opportunities wherever their business interacts with the government at any level. We understand the complexities of working with the government, and we help clients navigate the process successfully.

The marijuana industry is complex and continually evolving. While Alaska’s industry is growing daily, the commercial marijuana industry remains federally unlawful, creating a myriad of legal challenges that every industry participant must navigate. As this industry develops in Alaska, there is an increasing need for experienced legal counsel to assist with cannabis-related business and regulatory matters.

The attorneys in Birch Horton Bittner & Cherot’s marijuana law and regulation group combine marijuana industry-specific knowledge with a deep understanding of business law and regulatory compliance. We provide our clients with an unparalleled comprehensive set of services.

In addition to marijuana law and policy, our attorneys have backgrounds in business development, real estate, land use, municipal governance, constitutional law, banking, corporate finance, criminal law, issue advocacy and political campaigns. Birch Horton Bittner & Cherot attorneys can work with private marijuana industry clients on business development and formation, license applications, contract negotiations, commercial real estate transactions, and compliance with state and local regulations. Birch Horton Bittner & Cherot also advises government entities on state and federal marijuana law and helps them craft their own local regulations and policies.

For marijuana businesses and marijuana-related businesses, we offer the following:

• Business consultation
• State applications for marijuana establishment licenses
• Local government applications for marijuana licenses and permits
• Administrative hearings and procedures
• Regulatory compliance
• Corporate formation and structuring
• Contracts
• Commercial transactions
• Labor and employment
• Products liability and personal injury
• Real estate and land use
• Intellectual property
• Dispute resolution
• Litigation

We also offer the following legal services for governments involved in regulating the marijuana industry:

• Advising local officials on state and federal statutes, regulations and policies
• Drafting local ordinances
• Drafting state legislation and regulations
• Public policy analysis

As one of Alaska’s largest and oldest law firms, Birch Horton Bittner & Cherot is uniquely positioned to provide legal services related to the marijuana industry. We believe a firm that can provide comprehensive guidance can best serve participants in this industry.

The attorneys in Birch Horton Bittner & Cherot’s nationally recognized public finance practice have represented issuers, conduit borrowers, underwriters and credit enhancers of tax-exempt obligations of Alaska state agencies and municipalities for over 30 years. As bond counsel for Alaska issuers, we have rendered opinions on more than $3 billion worth of tax-exempt bonds and other obligations. This experience includes the following:

• General obligation bonds for schools, roads, water and sewer facilities, hospitals and other public improvements
• Revenue bonds for water, sewer and electric utilities; docks and wharves; electric generation projects; transportation facilities; and health care facilities
• Special assessment and service area financings
• Lease financings for buildings and equipment

Birch Horton Bittner & Cherot’s public finance practice is focused on creative problem solving. We pioneered collaborations between Alaska municipalities and private sector organizations on economic development projects. We have drafted enabling legislation for state and local financing agencies and have successfully defended litigation challenging the validity of municipal financings. Birch Horton Bittner & Cherot public finance attorneys are listed in The Bond Buyer’s Municipal Marketplace directory.

Birch Horton Bittner & Cherot attorneys have over 30 years of experience representing electric, gas and telecommunications utilities in regulatory proceedings before the Regulatory Commission of Alaska (RCA) and its predecessor, the Alaska Public Utilities Commission. Our specialized knowledge of public utility law, as well as the unique technical, economic and financial aspects of utility operations, enables us to present cases effectively before regulators and achieve desired results. We have particularly strong knowledge in rate, rate design and certification cases, which involve complex financial and accounting issues, cost of service and revenue requirement studies and expert economic testimony. We have successfully represented telecommunications companies in the negotiation and enforcement of interconnection agreements, including arbitrations arising from the agreements.

Representative successes include:

• Negotiated or successfully litigated revenue increases for utilities, providing them financial stability and funds for continued plant development and expansion
• Obtained state certificates for new utilities to provide service, overcoming challenges to the companies’ financial capability and other fitness issues
• Obtained “clean” approvals for certificate transfers related to utility acquisitions and changes in control, avoiding imposition of conditions that would adversely affect ongoing business operations
• Obtained exemption from state utilities regulation for a renewable energy company, allowing it to develop its business without regulatory risk or the administrative costs and burdens of regulation

We also provide a variety of other legal services to utility clients, addressing issues that arise in their day-to-day operations. We serve as general counsel to utilities and provide advice in business areas including labor, land use, zoning, government contracting, environmental and financing issues. For example, we successfully negotiated an agreement with a state environmental agency preventing adverse action on alleged violations of air quality regulations, and we assisted in preventing criminal prosecution of utility executives. We also successfully ended a utility employee labor strike and negotiated labor contract solutions for electric and water and wastewater utilities. In addition, we serve as litigation counsel for utilities, handling cases that arise in business areas related to employment, contracting, acquisitions and other areas.

Regulatory frameworks are constantly evolving across sectors and around the world. As transparency rises in importance and the costs of noncompliance with laws and regulations increase, businesses everywhere strive to adapt to the growing pressure from regulatory bodies.

With our extensive knowledge of local regulations and our multijurisdictional capabilities, Birch Horton Bittner & Cherot attorneys are well-positioned to help clients deal effectively and creatively with regulatory and compliance issues. As business has globalized and transactions have become more complex, the ability to provide appropriate counsel becomes all the more important.

Our clients come to us to understand their responsibilities, manage risks, and lessen the impact of complex regulatory regimes on their transactions or day-to-day operations. Our objective is to create strategies that safeguard our clients’ assets and reputations and enable them to concentrate on pursuing their business objectives with confidence. Our understanding of the various governmental agencies assists us in this process.

We focus on representing clients in five regulated industries: health care, energy and public utility, telecommunications, zoos and aquariums, and government contracts.