Robert Nichols is a partner in Crowell & Moring's Government Contracts and International Dispute Resolution groups. He represents U.S. and foreign contractors to the U.S. Government, foreign governments, and international NGOs such as the World Bank, NATO, and the United Nations. Although his practice has encompassed clients from five continents, he has particular geographic specialization in the Middle East and North Africa, where he spends considerable time.
Robert has successfully represented defense and civilian contractors in significant claims against the U.S. Government, prime contractors, and subcontractors at the Boards of Contract Appeals, the U.S. Court of Federal Claims, and in arbitrations in the U.S. and overseas. He also has a wide-ranging counseling practice that includes negotiating contract terms, defending against investigations by Inspectors General and Congress, defending against suspension and debarment actions, as well as advising on legal and regulatory compliance, "battlefield contracting," foreign military sales, domestic content restrictions, cost accounting, due diligence reviews to support mergers and acquisitions, risk mitigation techniques for contractors working transnationally, and security clearance issues.
Robert serves as outside General Counsel to the international advisory firm Khalilzad Associates, with which Crowell & Moring has a strategic alliance (www.khalilzadassociates.com).
Robert is an active lecturer and author. He taught the course on international government and commercial contracts for Federal Publications Seminars for several years, and he guest lectured at the Georgetown University Law Center on international contracting issues. He also taught a transnational litigation and arbitration course to practicing attorneys in the LL.M. program at the Stetson University College of Law, both in Florida and in Grenada, Spain. He is the founder and advisory board chair of the International Government Contractor, a Thomson West publication.
Robert has held leadership roles in the American Bar Association as a chair of the International Procurement Committee of the Section of Public Contract Law and as a vice-chair of the International Procurement Committee of the Section of International Law. He is a member of the American Society of International Law and the International Peace Operations Association. His pro bono work includes being outside general counsel to the Army Engineer Association.
Robert began his career as an active-duty military officer serving as a Judge Advocate General in the Honors Program of the U.S. Army Corps of Engineers, with a part-time assignment to the White House. He then clerked for the Honorable Raymond L. Finch, Chief Judge of the U.S. District Court for the U.S. Virgin Islands. He also served as a Congressional Fellow for the U.S. Senate Commerce Committee.
Robert obtained an LL.M. degree in international and comparative law from the Georgetown University Law Center, graduating with Distinction. He obtained a juris doctor degree from the Arizona State University College of Law, where he graduated cum laude and was a member of the Law Review and the Order of the Coif. He also earned a Bachelor of Science degree in Business Administration (Finance) from Northern Arizona University, where he graduated summa cum laude and as the top graduate of his college.
Education
Northern Arizona University, B.S., 1991
- Business Administration (Finance)
Arizona State University School of Law, J.D., 1994
Georgetown University Law Center, LL.M., 1997
Affiliations
Admitted to practice: District of Columbia, Arizona, U.S. Virgin Islands
Publications
"New U.S.-Iraq SOFA Lifts Contractor Immunity," International Government Contractor, Vol. 5, No. 12
(December 2008).
Author: Robert Nichols.
"Iraq Reconstruction: Political Situations Creating Legal Risks for Contractors," International Government Contractor, Vol. 5, No. 8
(August 2008).
Author: Robert Nichols.
"Flowing Down Clauses To Non-U.S. Subcontractors: An Approach For Ensuring A Meeting Of The Minds," International Government Contractor, Vol. 5, No. 4
(April 2008).
Author: Robert Nichols.
"Iraq Reconstruction Contracting: Widespread Difficulties In Record-Keeping And The Contractor’s Burden Of Proof," International Government Contractor, Vol. 2, No. 5
(May 2005).
Author: Robert Nichols.
Analysis: "Public-Private Partnerships: Evolutions In The U.S. Public Procurement System And Lessons Learned From The UK And The EU," International Government Contractor, Vol. 2, No. 3
(March 2005).
Co-Authors: Kathy Sharp, Lauren Randall and Robert Nichols.
"Iraq Reconstruction: Key Procurement Issues," Briefing Papers, No. 05-3
(February 2005).
Author: Robert Nichols.
"Europe’s Movement Toward A More Competitive Market For Defense Procurement," International Government Contractor, Vol. 1, No. 6
(November 2004).
Author: Robert Nichols.
"Iraq Reconstruction: Government Contracts Year In Review," Year In Review Conference Briefs
(2004).
Author: Robert Nichols.
"GAO And CPA Continue To Find Numerous Setbacks Affecting Iraq Reconstruction Work," The Government Contractor, Vol. 46, No. 26
(July 2004).
Author: Robert Nichols.
"Iraq Reconstruction: Legal Issues In Subcontracting," International Government Contractor, Vol. 1, No. 1
(June 2004).
Author: Robert Nichols.
Feature Comment: "Emerging Issues In Iraq Reconstruction Contracting — Audits, Investigations, And The Transition Of Sovereignty," The Government Contractor, Vol. 46, No. 18
(May 2004).
Author: Robert Nichols.
"Iraq Reconstruction: US Government Procurement Practices in a Coalition Environment," Public Procurement Law Review
(2004).
Author: Robert Nichols.
Feature Comment: "Iraq Reconstruction — Significant Contracting And Legal Issues," The Government Contractor, Vol. 46, No. 4
(January 2004).
Author: Robert Nichols.
"Iraq Reconstruction: Needs, Opportunities, and the Contracting Environment," BNA's Federal Contracts Report, Vol. 80, No. 15
(October 2003).
Author: Robert Nichols.
"Issues in Developing Breach Claims: Under the General Dynamics Compensation Cap Decision," BNA's Federal Contracts Report
(April 2002).
Co-Authors: Richard C. Johnson and Robert Nichols.
Speeches & Presentations
"Continuing Opportunities and Challenges in Afghanistan, Iraq, and Pakistan Contracting," Caught in the Federal Procurement Fish Bowl, 26th Annual Ounce of Prevention Seminar (OOPS), Crowell & Moring, Washington, D.C.
(May 26-27, 2010).
Presenters: David C. Hammond, Robert S. Nichols and Christopher E. Gagne.