Alex Major is an associate in the Government Contracts, Investigations & International Trade Practice Group in the firm's Washington, D.C. office.
Areas of Practice
Mr. Major's focus is on federal procurement and cybersecurity liability and risk management. A prolific author and thought leader in the area of cybersecurity, his professional experience involves a wide variety of litigation and counseling matters dealing with procurement laws and federal regulations and standards. His diverse experience includes complex litigation in federal court under the qui tam provisions of the False Claims Act and bid protest actions. He counsels all sizes of companies on issues relating to compliance with government regulations including, among other things, cybersecurity (NIST, FIPS, and DFARS) requirements, multiple award schedule compliance, Section 508 issues, country of origin requirements under the Buy American and Trade Agreements Acts, cost accounting, and small business requirements. He also regularly conducts internal investigations to assist companies ensure that they are in full compliance with the law.
Currently, Mr. Major is a Major in the U.S. Air Force Reserves where he serves as a U.S. Air Force Academy Admissions Liaison Officer for the state of Maryland.
•Washington D.C. Rising Star, Super Lawyers, 2014, 2015
Mr. Major is a graduate of the National Security Agency's Junior Officer Cryptologic Career Program ( JOCCP ) and served ten years as a U.S. Air Force intelligence officer in the areas of technical intelligence collection and intelligence analysis. He has operational experience employing IMINT, SIGINT and MASINT systems in the CENTCOM and PACOM areas of responsibilities and has been a part of, or interacted directly with, all national-level intelligence agencies, and federal law enforcement, as well as with international intelligence liaisons on every continent. In his final position on active duty, Mr. Major served as an Intelligence Crisis Manager for the Chairman, Joint Chiefs of Staff (J2M), and provided the Chairman and senior DOD officials with daily briefings on South and Southeast Asia, including Afghanistan on the evening of 9/11. Thereafter, Mr. Major was appointed as the mission spokesperson for the Defense Intelligence Agency and as the lead speech writer for the Agency's Director until joining the Air Force Reserves in 2004.
As an attorney, Mr. Major has assisted in identifying and stopping a complex and long-running corporate embezzlement scheme and constructing the culprit's restitution requirement and the company's reporting responsibilities.
Counseled large software manufacturer in country of origin best practices for downloaded software and addressing Section 508 “Compliance.”
Provided aerospace defense firm with advice related to NIST cybersecurity requirements.
Successfully defended the Federal Deposit Insurance Corporation's award of a contract to Staples, Inc. and, in so doing, affirmed the Court of Federal Claims jurisdiction over FDIC bid protests. Office Depot v. United States, 95 Fed. Cl. 517 (2010).
Counseled defense industry client on procurement agreement and negotiations with the Government of Israel.
Counseled defense industry clients on the proper application of Cost Accounting Standards 404, 418, and 419 in response to DCAA audit findings.
Coordinated systematic collections and responses to Government subpoenas on behalf of numerous clients.
Mr. Major has significant litigation experience in the areas of electronic discovery and pre-trial civil procedure having represented and counseled Fortune 500 companies and individuals in diverse state and federal civil and criminal proceedings:
•Counseled U.S. based client on the application of USA PATRIOT Act requirements in relationship to United Kingdom's privacy law concerns.
•Counseled financial client on proper law enforcement and intelligence community reporting requirements under the USA PATRIOT Act.
•Created comprehensive ESI collection plan with relevance and privilege search terms in order to identify, collect, review and produce over nine terabytes of bi-lingual ESI documents in less than six weeks.
•Assisted in discovery matters and attacks against Plaintiffs' novel damages theories in complex civil litigation defending a Fortune 25 client against multi-state and multi-district class-action RICO and design-defect claims.
•Successfully negotiated the extrication of an accounting firm from a third-party subpoena and heated discovery dispute.
•Specially selected to serve on the U.S. District Court for the District of Maryland's Criminal Justice Act Panel as court appointed counsel for indigent federal criminal defendants.
•Successfully represented a client in federal fraud litigation against Defendants running a sophisticated products diversion scam; resulted in a favorable settlement for the client and a pending federal criminal investigation.
Publications & News
•Sequestration: A Tale of Unrequited Patriotism, Law360, November 5, 2012
•Hon Paul W. Grimm, Alexander Major & Michael Ziccardi, “Back to the Future: Loraine v. Markel American Insurance Co. and New Findings of the Admissibility of Electronically Stored Information” 42 Akron Law Review 357 (2009)
•Hon. Paul W. Grimm & Alexander Major, Legal Standards Governing the Collection of Admissible Electronic Evidence in Criminal Cases in the United States: Balancing Privacy Interests with Law Enforcement Interests, 2 Sungkyunkwan University Journal Of Science And Technology Law 1 (2008)
•Editor, Cloud Computing Legal Deskbook, 2015 Edition, Thomson Reuters, June 2015
•Chapter Author, Cloud Computing Legal Deskbook, 2013 Edition, Thomson Reuters, 2013
• Security of Information in the Cloud, 2013, 2014 editions
• An Introduction to Enterprise Cloud Computing, ” 2015 edition
• Cybersecurity and the Cloud, ” 2015 edition
• Government Migration to the Cloud: GSA Procurement and Security Considerations, ” 2015 edition
Fashion & Apparel Law Blog Posts
• FTC v. Wyndham: The Third Circuit Recognizes FTC Authority to Regulate Commercial Cyber Security Practices, September 29, 2015
FCC Law Blog Posts
• The FCC Takes a Seat at the Cyber-Regulation Table, December 1, 2014
Global Trade Law Blog Posts
• The Baby and the Bathwater: The Department of Commerce's Bureau of Industry and Security (BIS) Intrusion and Surveillance Software Export Licensing Proposal, July 17, 2015
Government Contracts, Investigations & International Trade Blog Posts
• Are You Overcomplicating Your Cybersecurity Processes? October 27, 2015
• Have DoD Contractors and Subcontractors Been Drafted? Once Voluntary Defense Industrial Base CS/IA Regulations Now Mandatory and Aligned With New DFARS Cybersecurity Rules, October 5, 2015
• Foggy on the Cloud? September 21, 2015
• DoD Addresses Cybersecurity Preparedness, Incident Reporting, and Cloud Computing Acquisitions with new DFARS interim rule, August 26, 2015
• Ransoming Sensitive Personal Information: Will OPM's Data Breach Trigger Your Insider Threats? June 23, 2015
• ALERT: NIST Issues Final Guidance on Federal Contractor Cybersecurity Standards for Controlled Unclassified Information, June 23, 2015
• Another Prologue to Cybersecurity Regulations: Controlled Unclassified Information (“CUI”) - What Contractors Need to Know and Why They Should Care, May 27, 2015
• Cyber-Breach & NISPOM Conforming Change 2 - It's What's on the Inside That Counts, November 21, 2014
• Shopping for the Cloud Made Easy - GSA's Special Item Number Project for Cloud Computing and Request for Comments, November 21, 2014
• Federal Register Round Up - June/July 2014, July 29, 2014
• 'They're Here' - What You Need to Know Now About the Chilling New DoD Counterfeit Parts Rule... and its NASA 'Spinoff, ' May 20, 2014
• The Cybersecurity Race: Executive Branch Takes The Lead While Congress Watches From The Bleachers, April 18, 2014
• Robert Frost and Cybersecurity - Two Roads Diverging, September 24, 2013
• Details: Highlights from the August & September 2013 Federal Register, September 24, 2013
• New Laws and Firewalls - Summer 2013 Cyber Security Round-up, July 22, 2013
• An FCA Kerfuffle: First Circuit Reaffirms the Intent of the First to File Rule and Deepens Circuit Split, June 26, 2013
• Sequestration: Funding Shortfalls and Unrequited Patriotism, October 24, 2012
• The Government on Combatting Human Trafficking: 'We REALLY, REALLY Mean It, ' October 24, 2012
• MAS March Madness 2012: Final Rule for Increased Competition in MAS/BPA Orders, March 16, 2012
• Penalties for Expressly Unallowable Costs - The ASBCA Reconsiders and Ups the Ante for Contractors, February 13, 2012
• Fisher v. Halliburton: Fifth Circuit Invokes Common Sense To Defend Defense Base Act, February 13, 2012
• MAS March Madness: Increased Competition In Multiple Award Schedule Orders, April 18, 2011
• A Brief Look At United Nations Procurement: Going International... Sort Of, December 17, 2010
• Redefining Cost Or Pricing Data, October 7, 2010
• Can DoD Be The Biggest Loser ? Gates Unveils DoD's New Fiscal Diet Plan, October 7, 2010
• United States District Court For The Southern District Of Texas Deprives Battlefield Contractors Of The Protections Of The Defense Base Act, June 14, 2010
• Cybersecurity and Contracting: Threats, Rules and Compliance Issues, ” Federal Publications Seminar, San Diego, CA, October 6-7, 2015
• Breaking Cybercrime: Real-Life Case Studies from Today's Top Security Experts, International Legal Technology Association (ILTA) webinar, October 13, 2015
• Legal and Compliance Issues Facing Cyber Firms in Today's Business Environment, CyberMaryland, Baltimore, MD, October 30, 2014
• Export Controls and Cloud Computing: Complying with ITAR, EAR and Sanctions Laws, Strafford Publications Webinar, April 23, 2014
• Basics of Multiple Award Scheduling Contracts, Federal Publications Course Instructor (2012-present)
•“E(asy)-Discovery: Practical Advice for Conducting Electronic Discovery, ” Frederick County Maryland Bar Association, May 24, 2011
•Need Solutions to Your Cybersecurity Problems?
•New Cyber Regulations No Longer Voluntary for Contractors
Interview on Federal News Radio's In Depth with Francis Rose
October 15, 2015
•The Cyber Insider Threat - Detecting and Protecting
August 13, 2015
•Discussing a New Era of Cybersecurity Regulations
Guest on Federal News Radio's In Depth
May 28, 2015
•The Cloud from a Contracting Perspective
Federal News Radio's, Off the Shelf, February 3, 2015
• The Exchange Data Privacy and Cyber Security Forum
Hosted by Today's General Counsel Institute
Law Clerk to the Honorable Paul W. Grimm, Chief Magistrate Judge, U.S. District Court for the District of Maryland
Extern to the Honorable H. F. Sparky Gierke, Chief Judge, U.S. Court of Appeals for the Armed Forces