Nicole Owren-Wiest

Partner | She/Her/Hers

Overview

Nicole is nationally recognized in two of the most complex areas of government contracting: cost and pricing and intellectual property/data rights. She has been named by Chambers USA as one of the top lawyers nationwide in government contracting (Band 2) and is one of only three lawyers recognized by Chambers USA in the “Cost Dispute Spotlight” (Band 1) for her depth of experience in cost accounting litigation and dispute resolution. According to Chambers USA, Nicole is “noted by wider market sources as being ‘probably the most active’ lawyer in the complex and specialized area of costs disputes, and is praised for her ‘broad cost experience.’” 

Government contractors routinely turn to Nicole for strategic advice on high-value disputes and claims, including multibillion-dollar disputes involving compliance with the Cost Accounting Standards (CAS), cost allowability under the FAR Part 31 cost principles, and defective pricing claims under the Truth in Negotiations/Truthful Cost or Pricing Data Act.

While she is an accomplished litigator, Nicole’s main strength is her ability to combine thoughtful legal analysis with real-world practical advice. Clients turn to her as a trusted advisor and for her collaborative approach to resolving complex challenges, avoiding costly litigation, and being “really effective…very experienced…and very strategic.” Clients have commended Nicole for providing “phenomenal customer service,” her sensitivity to business priorities, including “seeing beyond our immediate needs to help us address issues before they become risks or concerns, and for her ability to combine scholarly legal analysis with practical, solution-focused insight.”  “She understands how to put the most arcane government rules into a simple and digestible way for everyone in the business. She's extremely practical and has seen everything. She has been just amazing.”

Nicole regularly publishes and is a frequent speaker at government and industry events around the country on government contracts legal developments. She is also frequently called upon to provide on-site training for legal and executive teams on a range of government contract topics.

Career & Education

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    • Minnesota State University, B.S.
    • Willamette University College of Law, J.D.
    • Minnesota State University, B.S.
    • Willamette University College of Law, J.D.
    • District of Columbia
    • Washington State
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. District Court for the Western District of Washington
    • U.S. Court of Federal Claims
    • District of Columbia
    • Washington State
    • U.S. Court of Appeals for the Ninth Circuit
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. District Court for the Western District of Washington
    • U.S. Court of Federal Claims
  • Professional Activities and Memberships

    U.S. Chamber of Commerce, Procurement Council, 2013-Present

    National Defense Industrial Association (NDIA), Procurement Division

    • Contract Finance Committee

    American Bar Association, Section of Public Contract Law

    • Vice-Chair, 2022-Present, Acquisition Reform and Emerging Issues Committee
    • Program Co-Chair, Annual Meeting, 2022 
    • Former Co-Chair, 2008-2012; Vice-Chair, 2012-Present; Accounting, Cost and Pricing Committee
    • Former Co-Chair, 2013-2016; Former Vice-Chair, 2016-2022; Research & Development and Intellectual Property Committee 
    • Editor-in-Chief, 2011-2019; The Procurement Lawyer

    Professional Activities and Memberships

    U.S. Chamber of Commerce, Procurement Council, 2013-Present

    National Defense Industrial Association (NDIA), Procurement Division

    • Contract Finance Committee

    American Bar Association, Section of Public Contract Law

    • Vice-Chair, 2022-Present, Acquisition Reform and Emerging Issues Committee
    • Program Co-Chair, Annual Meeting, 2022 
    • Former Co-Chair, 2008-2012; Vice-Chair, 2012-Present; Accounting, Cost and Pricing Committee
    • Former Co-Chair, 2013-2016; Former Vice-Chair, 2016-2022; Research & Development and Intellectual Property Committee 
    • Editor-in-Chief, 2011-2019; The Procurement Lawyer
Nicole is really special. She’s really effective, understands government disputes, and is very practical. She is very experienced and very strategic. She is very smart and knowledgeable. She provides phenomenal customer service and has been a great quarterback for our team. She has the highest legal skills … Nicole is a terrific [government contracts] lawyer. I’ve had the pleasure of working with and against her. She is a top-notch lawyer, and I highly respect her. When I see her on the other side, I know I have to bring my A game.

Chambers USA, 2022

Nicole's Insights

Client Alert | 3 min read | 10.08.24

Third Time’s A Charm? Federal Circuit Once Again Sends CAS Dispute Back to the Court of Federal Claims

The U.S. Court of Appeals for the Federal Circuit has confirmed that the Court of Federal Claims (COFC) has jurisdiction to decide whether contractors may offset cost impacts from multiple, simultaneous cost accounting changes when some changes increase costs to the Government, and other changes decrease costs to the Government....

Representative Matters

Nicole’s counseling and litigation/dispute-resolution practice broadly includes Contract Disputes Act claims, REAs, DCAA cost and pricing audits, DCAA and DCMA business system reviews, TINA compliance and defective pricing audits and investigations, False Claims Act investigations and litigation, data rights disputes, and general contract compliance. Nicole and her teams have a busy docket of matters at the Boards of Contract Appeals and the COFC, and advise contractors of all sizes across numerous industry segments, including many of the top government defense contractors and small businesses preparing to perform their first federal contract. A sample of Nicole’s recent matters includes:

  • Ongoing representation of a major aerospace and defense contractor in an appeal before the Armed Services Board of Contract Appeals (ASBCA) of a government claim seeking over $2 billion for alleged noncompliance with Cost Accounting Standard 420 due to its method of allocating independent research and development costs to government contracts (ASBCA No. 62094).
  • Ongoing representation of a major defense contractor in an appeal at the Court of Federal Claims involving the government’s rights in contractor technical data and computer software, including successful opposition to government motion for partial dismissal (Case No. 1:23-cv-01090)
  • Ongoing representation of a major aerospace and defense contractor in appeal before the ASBCA involving the government's rights in contractor technical data (ASBCA No. 62496).
  • Ongoing representation of major defense contractor in investigations of TINA compliance, post-award DCAA TINA audits, and to provide advice and training on TINA compliance.
  • Advising several different defense contractors in connection with separate multi-million pension segment closing adjustments under CAS 413, and successful settlement and full payment of the government’s share of a major contractor’s CAS 413 closing adjustment (totaling ~$16 million).
  • Advising multiple defense contractors in pre- and post-COFD disputes involving allowability of costs under FAR Part 31 and in connection with pre-COFD allegations of noncompliance with CAS 403, 405, 410, and 418.
  • Successful zero-dollar resolution of a major defense contractor in an ASBCA appeal of a government claim seeking recovery of allegedly unallowable costs incurred to continue contract performance during the COVID-19 pandemic (ASBCA No. 63233)
  • Successful zero-dollar resolution of a threatened government claim for $500 million for alleged noncompliance with CAS 410.
  • Successful settlement and resolution of appeal before the ASBCA involving the government's rights in contractor technical data and computer software following successful opposition of government’s motion for summary judgment (ASBCA Nos. 62249, 62727).
  • Successful, zero-dollar resolution of a pre-COFD $52 million government claim under a special “price reopener” clause.
  • Successful ASBCA appeal of a $24 million government defective pricing claim for major defense contractor (government withdrew the claim).

Nicole's Insights

Client Alert | 3 min read | 10.08.24

Third Time’s A Charm? Federal Circuit Once Again Sends CAS Dispute Back to the Court of Federal Claims

The U.S. Court of Appeals for the Federal Circuit has confirmed that the Court of Federal Claims (COFC) has jurisdiction to decide whether contractors may offset cost impacts from multiple, simultaneous cost accounting changes when some changes increase costs to the Government, and other changes decrease costs to the Government....

Recognition

  • Chambers USA: Leading lawyer, Government Contracts (Band 2), 2014–2024
  • Chambers USA: Special Recognition, Cost Accounting, 2021–2024
  • Legal 500 United States: Leading Lawyer, Government Contracts, 2021–2024
  • Acritas Stars Independently Rated Lawyers: Acritas Star, 2019, 2021–2024

Nicole's Insights

Client Alert | 3 min read | 10.08.24

Third Time’s A Charm? Federal Circuit Once Again Sends CAS Dispute Back to the Court of Federal Claims

The U.S. Court of Appeals for the Federal Circuit has confirmed that the Court of Federal Claims (COFC) has jurisdiction to decide whether contractors may offset cost impacts from multiple, simultaneous cost accounting changes when some changes increase costs to the Government, and other changes decrease costs to the Government....

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