Making an Intelligent Deal With In-Q-Tel: Risks and Rewards of Taking CIA-Backed Investment

CommNexus hosted a very well-attended event on May 15 that brought the attention of the San Diego tech community to opportunities for investment by In-Q-Tel, the private technology acquisition company that serves the U.S. intelligence community. In this follow-up session, we will explore how such investments are structured, the risks and potential rewards of entering into such transactions and how to get the most out of the In-Q-Tel investment while protecting the value of the company’s technology. Over two-thirds of the company entering into an In-Q-Tel investment have never sold or licensed technology to the federal government, and for many it is the most significant sale they will make before being acquired.  It is essential that it be done correctly.The discussion will be led by Mintz Levin, which has represented clients in transactions with In-Q-Tel for more than ten years.  The presenters will bring to the table the benefit of their experience to describe how the In-Q-Tel transaction differs from other investments, identify typical terms and conditions in the In-Q-Tel investment, describe the negotiation strategy and address methods to protect the tech company’s intellectual property both in the initial investment and in subsequent transactions with the intelligence community.

Jonathan has more than 25 years of experience in representing domestic and foreign companies, public-private partnerships, and quasi-government agencies in transactions and litigation involving federal government grants and contracts for the research, development, licensing, and sale of information systems hardware, software and services, communications equipment and services, life sciences products, defense hardware and materials, support services, humanitarian and development assistance, infrastructure project development, and the outsourcing of business process and information systems services. His experience includes procurements in the United States by foreign governments of defense and information systems, representation of foreign companies in federal procurements, and sales of products and services to state and local government agencies. He has broad experience in all aspects of government procurement law, including requirements development, design of requests for proposals, contract bidding and negotiation procedures, offer evaluation procedures, intellectual property protection, subcontracting, contract financing, affirmative action, cost accounting standards and audits, procurement integrity, and security clearances and classified matters. He assists clients in compliance and licensing under the ITAR and EAR export controls, foreign licensing of government-funded R&D, and compliance involving foreign acquisition and control of US entities, including CFIUS.  Jonathan also has litigated numerous government contract protests and claims before administrative tribunals and the federal courts. He is an experienced trial attorney who has litigated many commercial matters, as well as FOIA, reverse FOIA and complex software, communications, and information systems contract cases in state and federal trial and appellate courts. He is the author of a number of articles on government contracts matters, and has lectured on government contracts and information security matters at Duke University, the American University, and other institutions.Recognitions & Awards

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