Brett Johnson represents businesses and individuals in government relations matters. His practice includes State and federal Constitutional law, government regulatory compliance, export, government contracting, political and election law, and health care matters, including professional liability defense and commercial litigation. Brett regularly represents parties and witnesses involved with governmental investigations, including election law, governmental ethics, 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’s political and election law practice includes advising candidates, initiative committees, consultants, lobbyists, political action committees (PACs), ballot measure and independent expenditure committees, political parties, municipalities, corporations, trade associations and other tax exempt organizations, and individual donors and political contributors on matters ranging from constitutional law, referenda for the ballot, campaign finance law compliance and election law complaints. He handles election-related litigation and enforcement matters before local, state, and federal courts and agencies.
Brett advises and represents businesses in relation to negotiating and complying with government contracts. He negotiates and drafts Other Transaction Agreements, government subcontracts and compliance programs related to, among others, the Buy American Act, the Federal Acquisition Regulations, Small Business Subcontracting Plans and Ethics policies. Brett also represents businesses before the Court of Federal Claims, Government Accountability Office, Department of Energy, 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 the Navy. Brett also was assigned as the Civil Law Attorney to the Commander, Navy Region Southwest, handling civil law matters for the Department of the Navy in California, Arizona, and Nevada.
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 one of the editors of the firm's International Industry Group's Global Connection newsletter. Brett also serves on the firm's Hiring Committee.
In addition to his normal areas of practice, Brett is a member of the firm’s Coronavirus (COVID-19) Response Team, an interdisciplinary team of lawyers, formed quickly after recognizing the complex legal issues that businesses would confront as a result of the coronavirus. The group continues to issue legal alerts on the topic and remains committed to monitoring the issues and bringing as much clarity and guidance to clients as possible. More information on the team and legal alerts published on the topic are available at https://www.swlaw.com/services/coronavirus-COVID-19-response-team.
Represented multiple candidates and political parties in regard to constitutional and election challenges in state and federal courts, including a favorable ruling by the United States Supreme Court
Advised healthcare company in a $3 billion state bid protest
Represented government contractor as national counsel in regard to municipal and state government contracts, bid protests, and claims
Advised multiple executives and companies in regard to False Claims Act and Office of Inspector General investigations
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 Agreements
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, government contract compliance requirements, and cyber-security breaches
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
Assisted in representations regarding Command Directed, JAGMAN or Inspector General investigations
Represented civilians and military members in Office of Special Counsel proceedings
Represented military members before administrative and disciplinary proceedings
International Import-Export Institute
Certified U.S. Export Compliance Officer (2008)
Certified ITAR Professional (2009)
Lex Mundi Institute, Program in Cross-Border Dispute Resolution (Summer 2008)
University of Maryland, University College (Masters, Int'l Management, 2006)
United States Naval War College (Completed Program in Strategic Studies, 2004)
The Hague Academy of International Law, the Peace Palace
The Netherlands (Summer 2003)
University of San Diego School of Law (Masters of Law, International Law, 2001)
Santa Clara University School of Law (J.D., 1999)
1999 Honors Moot Court Board, Director
Phi Delta Phi Honors Fraternity, Secretary
Santa Clara University (B.S., Political Science, Minor, English, 1996)
Judge, Arizona Court of Military Appeals (2015-present)
Judge Pro Tem, Maricopa County Superior Court (2011-present)
State Bar of Arizona
International Law Section, Chair (2008-2009); Executive Committee (2008-present)
2008 State Bar of Arizona Convention, International Law Section Seminar, Co-Chair
“Things to Keep on the General Counsel’s Radar & Key Things the General Counsel Wants on Yours,” Co-Presenter, University Risk Management and Insurance Association, Western Regional Conference (April 1, 2015)