KUNIHIKO PHILLIP ISHIKAWA, ESQ.
****@********.*** https://www.linkedin.com/in/kunihiko-ishikawa-14715032 Tel: 301-***-****
Legal & Contracts Leadership & Experience
Accomplished professional with specialized backgrounds in law, contracts, compliance, intellectual property, risk management/mitigation, and science & technology management, applied within dynamic and multi-faceted enterprises of various types, sizes, and industries, including government and non-profit entities. Apt comprehension of legal, audit/compliance, contractual, and risk management regimes with an appreciation of real effect on actual overall operations. Able to process and reconcile often disparate types of requirements, implement process improvements, and interpret results to fully inform highest-level executive decision-making processes. Outstanding verbal and written communication skills, with leadership & experience to excel in a broad spectrum of industries, cultures, and environments, to great and immediate impact.
Legal, Compliance, Contracts, Insurance & Risk Management Intellectual Property, Patenting, and Material & Tech Transfers
Aerospace, Health/Life Sciences, IT, Defense, Nuclear, Tech Corporate Governance, Due Diligence, CPSR, EAR, FCPA
Business/Executive Management, Strategic Direction, M&A Cost Reduction, Process Improvement, Quality Enhancement
Legal Licenses
U.S. Patent & Trademark Office, ID# 61696; District of Columbia Court of Appeals (Government Contracts & Litigation and Intellectual Property Sections), ID# 455618; Appellate Division of the Supreme Court of the State of New York, ID# 2779718; U.S. Court of Appeals for the Federal Circuit; and the U.S. Supreme Court.
Professional Experience
Global Tech, Inc.; Arlington, Virginia 2017 ~ Present
Contracts Manager
Manage day-to-day operations of the Contracts Department, including Prime Contracts, Subcontracts, and the negotiations of business development requirements such as Non-Disclosure and Teaming Agreements.
comScore, Inc.; Reston, Virginia 2017
Contract Attorney, Contract Administration, Compliance, and Corporate Governance:
Handled negotiation and administration of contracts for Government and pharmaceutical sector and related subcontracts, addressing data privacy, indemnification, and intellectual property; negotiated key agreements with major social media networking enterprises.
Responsible for assisting implementation of various forms of compliance such as anti-corruption, OFAC Foreign Corrupt Practices (“FCPA”), insider trading, and additional corporate governance and other compliance conditions, as negotiated and agreed to in the tentative settlement of multiple shareholder derivative action lawsuits and U.S. Securities & Exchange Commission requirements.
Reviewed draft Export Control application for encrypted software as part of proposed Apple iPhone application and ascertained that subject encryption mechanism did not require export licensing. Also completed Microsoft Supplier Data Protection Requirements document to complete and submit comScore’s Microsoft Supplier Security & Privacy Assurance (SSPA) Program response to help maintain comScore’s status as a Microsoft Preferred Supplier.
Tribalco, LLC; Bethesda, Maryland 2017
Director, Contracts & Compliance, and Associate General Counsel:
Manage contracts staff in negotiation & administration of Government prime contracts, related subcontracts, consultant/personal service agreements, and non-disclosure and teaming agreements. Prior to award evaluated proposed subcontractors for past performance, technical capabilities, and financial capacity to avoid/mitigate performance risk.
Handle non-standard and high risk corporate functions, such as cure notices, security breaches, and all insurance needs; also monitor overall corporate compliance in areas of Export Administration Regulations and Foreign Corrupt practices.
Negotiated indemnification against infringement of third party intellectual property rights with software innovators such as Etherstack, ExtraHop Networks, MobileIron, Nutanix, Rubrik, and Ruckus Wireless, and distributors such as the immixGroup.
Advanced BioScience Laboratories, Inc.; Rockville, Maryland 2012 ~ 2017
Senior Manager for Contracts, Intellectual Property, and Technology Transfer:
Led staff in management of all prime contracts, subcontracts, and other agreements, including non-disclosure, material evaluation, material transfer, patent licensing, and cooperative research & development agreements. Contracts Lead in concert with Program Management and Scientific Staff in the evaluation of Subcontract performance risk management and the implementation of mitigation strategies to assure performance. Major clients included the National Institutes of Health and the Biomedical Advanced Research & Development Authority, as well as internationally prominent biotech, life sciences, and pharma commercial entities.
Managed outside counsel in the filing of patent applications for ABL’s gp145 envelope protein, a then-novel, first-in-class product with potential diagnostic, prophylactic, and therapeutic applications in the prevention & treatment of HIV, in 13 jurisdictions, receiving grant of patent in South Africa. Authored & submitted ABL’s Patent License Application to the U.S. Army Medical Research & Materiel Command for exclusive commercial rights to gp145.
As in-house counsel assumed all Government and commercial contracts negotiations and reduced outside legal spend from $250,000 to $50,000 in first full year, 2013; total estimated savings of $800,000 in outside legal spend during overall tenure at ABL.
Researched and established potential reimbursement strategy, which would require engagement with both domestic & international authorities, i.e., the U.S. Center for Medicare & Medicaid Services (“CMS”) and the World Health Organization (“WHO”), to establish rates of reimbursement for treatment, as well as private sector insurers, and then other quasi-official organizations, the medical billing, coding, auditing, and compliance communities, to establish diagnosis groups by which proposed treatments could be prescribed, administered, charged, and then reimbursed.
Ensured ABL compliance with requirements such as Export Controls (“EAR/ITAR”), HIPAA/HITECH ePHI/PHI/PII data privacy, procurement integrity, and biotech/life sciences/pharma GXP (GCP, GLP, and cGMP) standards of performance.
Prepared & submitted documentation to obtain government approval to consummate ABL’s sale of its in vivo animal services division to BIOQUAL, Inc. in 2014 and structured all insurance and risk management coverages to support acquisition of foreign entities in 2016.
Handled leasing, recruiting contracts, and worldwide risk management & insurance. Secured ABL’s recognition as a 2015 Montgomery County Small Business Champion, alongside MedImmune; promoted ABL’s efforts to U.S. Government Small Business Administration and other Government Small Business advocates to avoid/manage risk of liquidated damages for lack of bona fide good faith efforts to engage small business concerns.
The Pew Charitable Trusts; Washington, District of Columbia 2012
Senior Manager for Operations Contracts & Finance Services:
Directed full-service Contracts Management activities at headquarters level.
Co-lead for enterprise-wide strategic initiative to realign & reinvent overall approach to contracts management via incorporation of current best practices & leading edge thinking.
BAE Systems, Inc.; Arlington, Virginia 2010 ~ 2011
Director, Corporate Headquarters Human Resources & Functional Procurement:
Managed Human Resources Center of Excellence shared services requirements at corporate level for Benefits & Pension; Compensation; Employment Policies & Practices; Organizational Development & Learning; Safety, Health & Environment; Shared Services; and Strategic Talent Acquisition.
Negotiated all intellectual property (“IP”) clauses and conducted IP-related due diligence resulting from corporate transactional agreements to avoid/mitigate risk of infringement of third party intellectual property rights.
Awarded Case Management, Knowledge Base, and Web Portal online HR systems to Oracle Systems; negotiated & executed $47 Million outsourced HR Leave Benefits award to CIGNA.
Lockheed Martin Pacific Architects & Engineers; Arlington, Virginia 2009 ~ 2010
Procurement, Subcontracts, and Risk Management Manager:
Managed all Procurement & Subcontracts support for Global Operations & Maintenance line of business; implemented system of procurement audit & review, establishing Contractor Purchasing System Review (“CPSR”) standard of consistency for all procurements and passing inaugural Lockheed Martin Corporate Risk Management audit prior to DCAA’s endorsement of an Approved Purchasing System.
Collected all data and performed price analysis on previously undocumented security subcontracts, which was accepted by the U.S. General Accountability Office. This allowed PAE to ratify all previous security subcontracts and then properly invoice the State Department for unpaid security costs, up to $120 million, and eliminate the risk of non-payment or recoupment by Government of any such balances. Combined, the Government’s acceptance of PAE’s approved purchasing system and the resolution of unpaid security invoices removed uncertainty and increased the value of PAE prior to its sale by Lockheed Martin in 2010.
Member of select Lockheed Martin corporate-level proposal response team that won back $5.0 Billion logistics support services contract with U.S. Special Operations Forces Support Activity.
Marine Corps Recruiting Command; Marine Corps Base Quantico, Virginia 2007 ~ 2009
Contracts Counsel & Program Manager for Acquisition & Procurement:
Updated & upgraded entire portfolio of contracts, especially Advertising ($750 Million), Applications Software ($17 Million), and IT Services & Support ($8 Million); awarded Meritorious Service Medal.
Led negotiation of patent licensing agreement with San Diego Padres for use of Marine Corps digital desert camouflage design and utility patents in a special use jersey; identified unrecognized business process intellectual property rights during contract close-outs.
Kellogg Brown & Root Government & Infrastructure; Arlington, Virginia 2005 ~ 2007
Government Compliance, Procurement & Subcontract Management:
Solicited, negotiated, and awarded $77 Million subcontract to Wackenhut Services, Inc. for firefighting & fire prevention services in U.S. bases & facilities throughout Iraq; provided back-up support for award of $125 Million URS EG&G subcontract for vehicle maintenance throughout Iraq. Received Government approval in advance to mitigate risk to KBR although KBR was still obligated to continue to monitor performance and mitigate any risk of subcontract performance, as Prime Contractor.
As part of Compliance group audited and reviewed CONCAP and LOGCAP Subcontracts to maintain Kellogg Brown & Roots’ Approved Purchasing System; helped KBR pass and maintain currency of its Contractor Purchasing System Review qualification for inspection cycle.
Supported KBR General Counsel and outside counsel as Government Contracts Subject Matter Expert in mediation with KBR Middle East subcontractors; performed SOX compliance for procurements prior to KBR initial public offering by Halliburton.
ManTech Security Technologies Corporation; Bethesda, Maryland 2003 ~ 2005
Division Counsel & Senior Manager for Contract, Subcontract, Property, and Corporate Governance:
Responsible for negotiation and execution of prime contracts and commercial subcontracts, consultant, mentor-protégé, non-disclosure & teaming agreements, conflict of interest plans, leases, and software licenses.
Negotiated & executed more than 400 non-disclosure and 300 teaming agreements with major corporations including SAIC, Raytheon, General Dynamics, IBM Federal, Parsons Transportation, Parsons Brinckerhoff, Electronic Data Systems, Booz Allen Hamilton, BAE Systems, and Agilent Technologies.
Negotiated and executed $50 Million U.S. Department of State Subcontract with BearingPoint.
Bechtel International Systems, Inc.; Kuwait and Baghdad, Mosul, and Kirkuk, Iraq 2003
U.S. Agency for International Development, Iraq Infrastructure Reconstruction Project
Head of Contracting Activities, Northern Iraq: Solicited and awarded nationwide Iraqi Staffing Services Subcontract in Baghdad and School Rehabilitation & Reconstruction Subcontracts in Mosul and Kirkuk. USAID emphasis in Iraq was to award firm, fixed price subcontracts to Iraqi subcontractors especially those with any prior successful work, proven technical expertise, and financial wherewithal in order to mitigate performance risk and ensure subcontract/project completion.
Subcontract Procurement & Administration Specialist: Prepared all bid documents for Runway Repaving, Repainting, Restoration, and Special Services/Utilities Buildings Work, Baghdad International Airport.
Bechtel National, Inc.; Hanford, Washington 2001 ~ 2003
U.S. Department of Energy (“DOE”), River Protection Project - Waste Treatment Plant
Solicitation, Award, and Administration of Research & Technology and Technical Services Subcontracts: Awarded & administered Subcontracts with overall value of $7.0 Million to Lockheed Martin Technical Services and SAIC, with emphasis on retention of IP & data rights for U.S. Government (DOE) client.
BNFL, Inc.; Hanford, Washington 1999 ~ 2001
Project Closeout & Terminations Settlement Office
Intellectual Property Special Project: Contributor in successful effort to convey Intellectual Property Rights for Technical Research ($25 Million) and BNFL Background Intellectual Property ($22 Million) to U.S. DOE.
Legal & Compliance: Compiled legal data and evidence for outside counsel, McKenna & Cuneo (now McKenna Long & Aldridge), to assess BNFL’s vulnerability in case of possible Termination for Default action by DOE. Results presented to BNFL’s executive management and board of directors to establish negotiating position; settled as $251 million Termination for Convenience.
U.S. Department of Energy, River Protection Project - Waste Treatment Plant
Subcontracts: Developed commercial sources for nuclear decontamination & immobilization equipment.
Naval Inventory Control; Mechanicsburg & Philadelphia, Pennsylvania 1996 ~ 1999
Project Manager for Contracting Directorate, Office of Policy, Planning & Special Projects:
Conceived & implemented recovery of $271 million from active & expired contracts, reorganizing databases and harmonizing accounting classifications to yield data that resulted in visibility of unspent contract balances. Recovered funds recycled into new requirements for overall net impact of $542 Million.
Managed relationships with Lockheed Martin, Boeing, General Electric, Honeywell, Northrop-Grumman, Parker Hannifin, and United Technologies, expanding outreach to operating levels and Defense Contract Management Agency field offices to secure release & de-obligation of committed but unspent funds.
Education
Juris Doctor, Temple University Law School Philadelphia, Pennsylvania & Tokyo, Japan
Emphasis on business, commercial, contracts, international, and intellectual property law. Served on Administration, Faculty, and Student Committee to propose & gain establishment of ABA-accredited international legal studies program in Tokyo.
Bachelor of Arts in Economics, Columbia University New York, New York
Augmented major field of study with Chemistry, Physics, and Computer Science. Completed semester of graduate study at School of International & Public Affairs during senior year.
Professional Certifications and Awards & Recognition
Attained DAWIA (“Defense Acquisition Workforce Improvement Act of 1990”) Level III certification in Contracts; Level II in (Bayh-Dole) Science & Technology Management, Facilities Engineering, and Purchasing; and Level I in Program Management and Program Systems Engineering.
Completed National Institutes of Health Clinical Center, Introduction to the Principles & Practice of Clinical Research.
Retired Navy (O5) Commander with Meritorious Service, Navy Commendation (2 awards), Joint Service Achievement, and Navy Achievement Medals; prior SECRET clearance; Service-Connected Specially-Disabled Veteran.
Congressional Staff Intern to the Honorable Norman Y. Mineta, M.C. (Ret.), formerly Chairman, House Public Works & Transportation Committee, Secretary of Commerce, and Secretary of Transportation.