Partner

Kyle J. Fiet

Commercial Litigation and Disputes

kfiet@sidley.com

Washington, D.C. +1 202 736 8446

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KYLE FIET focuses his practice on government contracts counseling and government relations, including lobbying regulation, gift and ethics rules, campaign finance, and pay-to-play compliance. His government contracts practice encompasses a wide range of matters, including compliance with the Federal Acquisition Regulation (FAR), the Department of Defense FAR supplement (DFARS) and other agency supplements, bid protests, Contract Disputes Act claims, audits, public records laws, domestic preference laws, federal grants, and the acquisition and divestiture of government contractors. He regularly advises clients on their responses to Requests for Proposals issued by government agencies and the formation of subcontracts and teaming agreements.

Kyle has particular experience advising clients in the professional services sector regarding federal, state, and local government contracting matters. He has worked extensively with pharmaceutical and medical device manufacturers and regularly advises clients regarding the General Services Administration (GSA) and Department of Veterans Affairs (VA) Federal Supply Schedule (FSS) and other aspects of federal government contracting.

Representative matters have included:

Represented clients in bid protests before the Government Accountability Office (GAO) and the Court of Federal Claims;
Represented clients in Defense Contract Audit Agency (DCAA) audits of contracts funded through the Foreign Military Financing (FMF) program;
Conducted due diligence reviews and advised clients regarding the acquisition of government contractors;
Conducted internal investigation regarding the pricing of a medical device manufacturer’s FSS contract;
Represented contractor in breach of contract litigation before a state board of contract appeals;
Assisted clients in opposing the release of their confidential business information under the Freedom of Information Act (FOIA) and state public records laws;
Advised clients regarding compliance with domestic preference and trade laws, including the Buy American Act (BAA) and Trade Agreements Act (TAA);
Advised clients regarding Small Business Administration (SBA) matters, including in the acquisition of government contractors;
Successfully challenged the proposed debarment of a client for an alleged violation of federal law;
Advised state and federal contractors regarding the negotiation of contracts, subcontracts, teaming agreements, Other Transaction Authority agreements, and confidentiality agreements; and

Kyle has extensive experience advising clients regarding the laws that affect their relationships with the government. He regularly advises clients regarding compliance with Lobbying Disclosure Act (LDA), state lobbying laws, and the Foreign Agents Registration Act (FARA), including advising on when registration is required and compliance with reporting and recordkeeping requirements. Kyle advises clients regarding the ethics rules that apply to their interactions with government officials, including gift rules and revolving door rules. He advises clients regarding federal and state campaign finance law, with a particular emphasis on the applicability of these laws to corporations and corporate political action committees. He regularly advises clients regarding compliance with pay-to-play laws, including the SEC pay-to-play rule and local pay-to-play laws.

Experience

Kyle devotes a significant amount of time to pro bono efforts. He previously worked at the Legal Aid Society of the District of Columbia as a full-time fellow in in the Barbara McDowell Appellate Advocacy Project, and has been involved in many appellate pro bono matters at Sidley. Representative matters have included:

Mitchell v. Gales, 671 A.3d 678 (D.C. 2012) (obtained reversal of lower court order refusing to enforce an administrative award against the former landlord of a then-homeless D.C. resident);
Pajic v. Foote Properties, 72 A.3d 140 (D.C. 2013) (obtained reversal of order awarding legal fees to a D.C. landlord pursuant to a fee shifting provision in the lease);
In re Ta.L., 149 A.3d 1060 (D.C. 2016) (en banc) (filed amicus brief successfully arguing for reversal of D.C. precedent prohibiting the interlocutory appeal of permanency goal changes in child welfare cases); and
Young v. HUD, 706 F.3d 1372 (Fed. Cir. 2013) (successfully argued that the government violated the due process rights of a federal employee during his termination proceedings); and
DM v. JM, No. 21-FM-0280 (D.C. 2021) (obtained voluntary dismissal of appeal in child custody matter after the filing merits brief arguing for dismissal on forum non conveniens grounds).

Kyle is regularly involved in pro bono landlord tenant matters. He has successfully represented numerous tenants in disputes with their landlords before the DC Superior Court and the DC Office of Administrative Hearings. Kyle also directs Sidley’s participation in the DC Bar Pro Bono Center’s Landlord Tenant Resource Center, which provides free legal information to unrepresented landlords and tenants. He frequently supervises other attorneys who are providing pro bono representation in landlord-tenant matters.

Kyle regularly advises non-profits organizations on government contracts and government grants, lobbying law compliance, FARA, and campaign finance law.

Kyle has been named to the District of Columbia Court of Appeals Pro Bono Honor Roll or High Honor Roll every year since its inception in 2012. In 2014, Kyle was recognized by his law school for outstanding alumni pro bono work.

Credentials

Admissions & Certifications

District of Columbia
North Carolina

Education

University of North Carolina School of Law, J.D., 2007 (with high honors, Order of the Coif, articles editor, North Carolina Law Review)
Brigham Young University, B.S., 2003 (with honors)

Clerkships

Karen LeCraft Henderson, U.S. Court of Appeals, D.C. Circuit (2007 - 2008)