David Lacker advises defense, aerospace, energy, and technology companies on complex legal and commercial issues arising from federal, state, and local procurements, grants, and alternative acquisition frameworks supporting R&D, prototyping, and deployment scale programs. His practice spans FAR and DFARS based contracts, OTAs, commercial item transactions, and hybrid acquisition structures used by Department of War and civilian agencies.
David focuses on structuring and negotiating intellectual property and data rights frameworks in joint technology development, teaming, and collaboration agreements and other strategic transactions. His work includes delineating and protecting background and foreground IP; allocating technical data and computer software rights (including government purpose and limited rights); preparing and defending data rights assertions; and designing licensing, exclusivity, and transition pathways to support government-funded development, follow on production, sustainment, and commercialization.
David regularly counsels prime contractors, subcontractors, grant recipients, and subrecipients on compliance with the FAR, DFARS, Uniform Grant Guidance, and Small Business Administration regulations, with particular emphasis on domestic preference and supply chain mandates; the Defense Production Act; risk allocation associated with cost allowability, audits, disallowances, and False Claims Act exposure; cybersecurity and information security requirements; export controls and foreign access restrictions; and Service Contract Act and Davis-Bacon Act prevailing wage requirements.
David also represents clients in high stakes bid protests before the U.S. Government Accountability Office and the U.S. Court of Federal Claims, challenging and defending contract awards involving technically complex procurements and mission critical defense programs.
Prior to joining DLA Piper, David was a law clerk to the Honorable Marian Blank Horn of the U.S. Court of Federal Claims, assisting with bid protests and other government contract-related disputes. Prior to entering the legal field, David served in the U.S. Navy as a Nuclear Reactor Operator onboard the USS Enterprise (CVN-65) Aircraft Carrier, serving on the ship's final two deployments to the Persian Gulf prior to her decommissioning.
