Brett Johnson represents businesses and individuals in government relations matters. His practice includes international transactions and compliance, export, government contracting and health care matters, including professional liability defense and commercial litigation. Brett regularly represents parties and witnesses involved with governmental investigations, including export control, False Claims Act, Foreign Corrupt Practices Act, and government procurement compliance laws and regulations. He has experience handling internal investigations and compliance audits for clients on a wide range of matters. Brett also provides training to businesses and governmental agencies concerning compliance matters and the drafting of related corporate policies.
Brett advises and represents businesses in relation to negotiating and complying with government contracts. He negotiates and drafts government subcontracts and compliance programs related to, among others, the Buy American Act, Small Business Subcontracting Plans and Ethics policies. Brett also represents businesses before the Court of Federal Claims, Government Accountability Office, Boards of Contract Appeals, Small Business Administration, state, county, city, and other judicial bodies in regard to government procurement bid protests, claims, equitable adjustments, small business size determinations, certifications challenges and other disputes related to complying with government acquisition laws and regulations.
Brett also advises clients in regard to litigation subpoenas, Grand Jury Subpoenas, governmental administrative subpoenas, and other government requests for information. He regularly handles Freedom of Information Act and Privacy Act requests and defends against competitors who seek proprietary information through such authorities. Prior to joining the firm, Brett was a judge advocate with the United States Navy, regularly appearing in state and federal courts throughout the nation on behalf of the Department of Defense.
In addition to representing large and small businesses, individuals and pro bono clients, he is the co-chair of the firm's International Industry Group and the editor of the firm's International Industry Group's Global Connection newsletter. Brett also serves on the firm's Attorney Development Committee.
Representative Transactions
· Advised pharmaceutical company on obtaining $56 million federal government contract
· Advised emergency services company in regard to $350 million federal government contract
· Advised pharmaceutical company regarding developing government contract mandated subcontracting plan
· Advised multiple companies regarding developing government Teaming Agreement
· Advised multiple companies in regard to government subcontracting compliance issues
· Advised multiple companies in regard to export licensing issues involving multiple federal and foreign government agencies
· Developed multiple multi-national companies foreign transaction and export compliance programs
· Advised multiple companies in regard to voluntary self-disclosures and responding to governmental requests for information concerning export control violations
· Advised multiple companies and their senior executives in regard to complying with governmental subpoenas and trial preparation
· Advised multiple multi-national companies in developing international sales, distribution, and commercial agency agreements
Professional Memberships & Activities
· Judge Pro Tem, Maricopa County Superior Court (2011-present)
· Arizona Health Care Lawyers Association
· State Bar of Arizona
- International Law Section, Chair (2008-2009); Executive Committee (2008-present)
- Professionalism Committee
- 2008 State Bar of Arizona Convention, International Law Section Seminar, Co-Chair
· Maricopa County Bar Association
· American Bar Association
Representative Presentations & Publications
· Lessons Learned from Sequestration Phase I: Preparing for Government Contract Terminations, Author, Bloomberg BNA's Federal Contracts Report (March 26, 2013)
· US Department of Justice targets gaming: beyond Las Vegas Sands FCPA disclosure, Co-Author, European Gaming Lawyer (Spring 2013)
· The Dos and Don'ts of a Foreign Trade Zone, Author, Law 360 (August 24, 2012)
· Export Controls Update: Understanding the Basics and Exploring Future Trends, Presenter (Jun. 13, 2012)
· ITAR & The Supply Chain: Getting "Stuck" in the Middle, Speaker, ERAI Executive Conference, Electronic Resellers Association International, Las Vegas, NV (May 17, 2012)
· Foreign Corrupt Practices Act Seminar, Presenter (Apr. 11, 2012)
· Government Contracting: Protection through Proper Documentation and Recordkeeping, Co-Author, Under Construction (Mar. 12, 2012)
· Largest Indictment for an FCPA Case is Dismissed, Co-Author, Global Connection (Feb. 27, 2012)
· Foreign Corrupt Practices Act Update: The Government Finds It Tough To Obtain Criminal Convictions, Co-Author, Global Connection (Feb. 2012)
· World Trade Forum IV, Moderator (2012)
· Update International Trade Compliance for 2012, Author, Global Connection (Jan. 2012)
· When the Government Breaks the Rules: The Feeling of Helplessness When the Government Investigates Violations of International Trade Laws, Co-Author, Global Connection (Jan. 2012)
· International "Force Multipliers": Utilizing Government Programs to Maximize Returns When Entering the Global Marketplace, Author, Global Connection (Jan. 2012)
· 8(a) Joint Ventures on Federal Construction Projects: More Work, More Hurdles and Likely Less Use, Co-Author, Under Construction (Sep. 2011)
· Never Too Late: Leveraging the Chinese Economic Opportunity, Author, Global Connection (Sep. 2011)
· Legal Alert - "BIS" Issues Final Rule Amending Export Control List, Co-Author, Global Connection (May 2011)
· Developing Foreign Markets from the U.S., Presenter, Indo-American Chamber of Commerce (Apr. 12, 2011)
· National Export Initiative? What Does This Initiative Really Mean for Global Business Operations, Author, Global Connection (Feb. 2011)
· Global Business Operations and Preparing for Civil Unrest (Round III), Author, Global Connection (Feb. 2011)
· INCOTERMS 2010 - Does My Business Have to Follow Them?, Author, Global Connection (Feb. 2011)
· World Trade Forum III, Moderator (2011)
· What Corporate Counsel Should Know About Inspectors General Investigations, Co-Author, Washington Legal Foundation, Vol. 25, No. 24 (June 18, 2010)
· More Small Business Preferences in Government Contracts on The Way: President Obama's Executive Order, Author, Under Construction (May 2010)
· To Team or Not To Team, That Is The Question, Co-Author, Under Construction (May 2010)
· Searching Out Those Federal Government Opportunities: Be Prepared, Author, Under Construction (Feb. 2010)
· World Trade Forum II, Moderator (2010)
· DOJ Steps Up FCPA Enforcement, Author, Global Connection (Feb. 2010)
· Avoid the International Sting Operation, Author, Global Connection (Feb. 2010)
· So, You Want to Go Global: Developing International Markets from the U.S., Presenter, U.S. Asia Expo Arizona (Sept. 17, 2009)
· The Foreign Corrupt Practices Act: The Fine Line Between Ethical Business Practices and Prosecutable Conduct in International Business, Presenter, Global Connect Series (Aug. 18, 2009)
· Complying with U.S. Export Control Laws in a Global Environment, Presenter, U.S. Department of Commerce (2009)
· International Agency and Distributor Agreements: Export Controls, INCOTERMS 2000, and Drafting Considerations for the Middle East, Presenter, U.S. Department of Commerce (2009)
· Information Security in the Age of the USA PATRIOT Act, Presenter, Arizona Technology Council (2009)
· Controlling Global Financial Transfers: Understanding the Foreign Asset Control Regulations, Author, Global Connection (May 2009)
· Ethics Abroad: Minding the Foreign Corrupt Practices Act, Author, Arizona Attorney (Feb. 2009)
· U.S. Export Controls, Embargoes, & Economic Sanctions Regulations, Guest Lecturer, Thunderbird School of Global Management (2009)
· Protected Health Information and Law Enforcement Disclosures, Presenter (2008-2009)
· Litigation in the Healthcare Industry: Can I Limit Risk? Presenter (2006-2008)
· New CDC Warnings Prompt Global Businesses to Review Emergency Policies and Procedures, Author, Global Connection (Jan. 2008)
· Understanding the Foreign Corrupt Practices Act, Presenter, State Bar of Arizona Convention (2008)
· Panel Discussion on SBIR Funding, Moderator and Panelist, Third Annual Nanotechnology Symposium (2008)
· Pandemic Legal Issues, Presenter (2008)
· Compliance with United States Export Laws when Trading with Mexico, Author, Global Connection (Nov. 2008)
· Entering Global Markets Without Violating U.S. Law, Author, Global Connection (Aug. 2007)
· Understanding Cross-Border Cultural Issues in Dispute Resolutions, Presenter, Lex Mundi North America Conference (2007)
· Medical Ethics: The Difficult Choices, Presenter (2007)
· The Future Constitutional Battle If The United States Ratifies The International Criminal Court Treaty, Author, Chicago-Kent Journal of International and Comparative Law (Vol. 3, Spring 2003)
Professional Recognition & Awards
· Southwest Super Lawyers® - Rising Stars Edition, Government Contracts (2013), Civil Litigation Defense (2012)
Other Professional Experience
· United States District Court, Northern District of California, Judicial Extern to Hon. Jeremy Fogel
· Liccardo, Rossi, Sturges & McNeil, Law Clerk, San Jose, California
Military Service
· U.S. Navy, Judge Advocate General's Corps Headquarters, Washington, D.C. (2004-2006)
· Naval Legal Service Office, Europe and Southwest Asia, Rota, Spain (2002-2004)
· Commander, Navy Region Southwest, San Diego, CA (1999-2002)
News & Events
04/15/2013, Southwest Super Lawyers Recognizes 53 Snell & Wilmer Attorneys in Phoenix and Tucson
Also Names 24 Attorneys to the 2012 Rising Stars List
04/01/2013, US Department of Justice targets gaming: beyond the Las Vegas Sands FCPA disclosure
European Gaming Lawyer
03/26/2013, Lessons Learned from Sequestration Phase I: Preparing for Government Contract Terminations
08/24/2012, The Dos and Don'ts of a Foreign Trade Zone
06/27/2012, Super Lawyers 2012 Recognizes 80 Snell & Wilmer Attorneys
05/11/2012, Snell & Wilmer Team to Present Throughout ERAI Executive Conference
01/11/2010, Snell & Wilmer Adds Eight New Partners
10/23/2009, Snell & Wilmer Attorney Brett Johnson Certified as International Traffic in Arms Regulations Professional
04/17/2009, Export Controls Briefing in Tucson
Event to be Held on Tuesday, May 19 at Pima Community College
Publications
03/15/2013, Under Construction - March 2013
03/05/2013, Legal Alert - Sands' Casinos Report of "Possible" FCPA Violations Will Draw Scrutiny to the Gaming Industry
02/27/2013, Legal Alert - SEQUESTRATION: Preparing Government Contractors for Uncertainty, Cut-Backs and Contract Terminations
02/08/2013, Global Connection - February 2013
01/02/2013, Health Law Checkup - January 2013
Trends to Watch in 2013: Physician-Owned Distributors
12/13/2012, Global Connection - December 2012
Reviewing DOJ's Guidance in Regard to the FCPA
11/30/2012, Health Law Checkup - November 2012
HHS Office for Civil Rights Releases Guidance on De-Identification of Health Information
11/08/2012, Global Connection - November 2012
09/28/2012, Health Law Checkup - September 2012
Government Warns Hospitals on Using Electronic Medical Records to Engage in Fraudulent Billing
08/13/2012, Global Connection - August 2012
07/31/2012, Health Law Checkup - July 2012
Enforceability and Interpretation of Agreements Prohibiting "Direct and Indirect" Solicitation of Health Care Employees
05/31/2012, Health Law Checkup - May 2012
Physicians Required to Provide Interpretive Services to Non-English Speaking Patients
04/23/2012, Health Law Checkup - April 2012
Fourth Circuit Discusses Stark Issues in Remand of Tuomey $45 Million Stark Verdict
04/11/2012, Global Connection - April 2012
03/13/2012, Under Construction - March 2012
03/09/2012, Health Law Checkup - March 2012
No Free Lunch for Physicians: OIG Issues Alert on Obligation of Physicians to Monitor Reassignment of Medicare Payments
02/27/2012, Global Connection - February 27, 2012
Largest Indictment for an FCPA Case is Dismissed
02/03/2012, Global Connection - February 2012
Foreign Corrupt Practices Act Update: The Government Finds It Tough To Obtain Criminal Convictions
01/13/2012, Global Connection - January 2012
11/04/2011, Health Law Checkup - November 2011
What's Up With the Individual Mandate in the Health Care Reform Act?
10/26/2011, Global Connection - October 2011
10/14/2011, Health Law Checkup - October 14, 2011
CMS Issues New Guidance for Medicare Secondary Payor Reporting
09/27/2011, Under Construction - September 2011
09/06/2011, Global Connection - September 2011
08/17/2011, Health Law Checkup - August 2011 ACOs: Big Deal or Big Mistake?
05/26/2011, Global Connection - May 2011
02/15/2011, Global Connection - February 2011
10/12/2010, Global Connection - October 2010
06/16/2010, Global Connection - June 2010
06/15/2010, White Collar Compliance Update - June 2010
Government Investigations and White Collar Criminal Defense
05/24/2010, Health Law Checkup - May 2010
FY 2011 Proposed Rule, Inpatient Prospective Payment System and Long-Term Care Hospital Prospective Payment System
05/21/2010, Under Construction - May 2010
04/01/2010, Health Law Checkup - April 2010
CMS Action Regarding April 1, 2010 Physician Fee Schedule Cuts and National Healthcare Decisions Day
03/18/2010, Health Law Checkup - March 2010
CMS Announces Proposed "Meaningful Use" Regulations for Adoption of Electronic Health Records
02/25/2010, Under Construction - February 2010
02/15/2010, Health Law Checkup - February 2010
HITECH Act Changes Are Effective This Month
02/11/2010, Global Connection - February 2010
01/29/2010, Health Law Checkup - January 2010
Mandatory Medicare Secondary Payer Reporting Requirements
12/18/2009, Health Law Checkup - December 2009
CMS Issues Final 2010 Supervision Requirements for Hospital Outpatient Therapeutic Services
11/10/2009, Health Law Checkup - November 2009
Recent HHS OIG Opinions Permit Certain Hospital and Physician Group Joint Ventures
10/20/2009, Health Law Checkup - October 2009
Stark Regulation Eliminates Most Under Arrangements Relationships as of October 1, 2009
09/30/2009, Global Connection - September 2009
09/28/2009, Health Law Checkup - September 2009 FERA Significantly Broadens Liability Under False Claims Act
09/02/2009, Legal Alert: Global Business Operations and Preparing for the Swine Flu Pandemic (Round II)
07/06/2009, Global Connection - July 2009
11/21/2008, Global Connection - November 2008
Snell & Wilmer Opens Office in Mexico
05/13/2008, Global Connection - May 2008
01/09/2008, Global Connection - January 2008
08/21/2007, Global Connection - August 2007
06/01/2007, Legal Alert: Custom Orders That Are More Than You Bargained For
05/01/2007, Legal Alert: Five Million Dollar Penalty May Be for Real