Rebeca J. Fiebig

Obtained favorable verdict following trial for ship repair division of global defense contractor against breach of contract and implied warranty claims brought by subcontractor in federal court (E.D. Va.) relating to Navy contract to rehabilitate retired missile cruiser. Regularly advise health care companies in disputes with pharmacy benefit managers. Craft strategic approaches to relationship dissolution or continuation, including pursuit of injunctive relief in court or arbitration. Negotiate successful pre-filing resolution of claims related to breach of PBM agreement. Defending defense contractor against contract claims arising out of acquisition of a start-up unmanned underwater vehicle (UUV) manufacturer. Representing subcontractor seeking to enforce teaming agreement and recover for misappropriation of trade secrets and other proprietary information relating to parties’ pursuit of a Navy contract for shipboard threat detection systems. Defended telecommunications company against breach of contract claims in New Hampshire state court arising out of joint use agreement with electric cooperative pertaining to ownership and maintenance of utility poles. Advising on similar litigation pending in Texas. Defended a political consulting firm and its founder against civil RICO, copyright infringement, misappropriation of trade secrets, and various tort claims arising out of alleged conspiracy with a foreign government. Represented global defense contractor in parallel disputes in U.S. federal and state courts as well as litigation in South Korea against subcontractor and South Korean government in disputes arising out of Foreign Military Sales (FMS) contract for F-16 fighter jet upgrade. Represented real estate developer in ICC arbitration against its former joint venture partner in dispute regarding ownership and development rights to a South Korean smart-city; advising on follow-on litigation in South Korean courts. Represented U.S.-Guinean shipping company in ICC arbitration against consortium of mining companies in dispute regarding shipping rights; prepared experts on French, Guinean, and public international law as well as several high-ranking former Guinean government officials to testify. Represented several companies in proceedings before the DC Office of Human Rights and VA EEOC pertaining to allegations of workplace discrimination, harassment, and hostile work environment. Briefed and argued cases arising under various federal statutes before the U.S. Courts of Appeal, including the Second, Fourth, Fifth, and Sixth Circuits, as well as the federal agency's internal appellate tribunal and Office of Administrative Law Judges. Advised several agencies within the U.S. Department of Labor on the initiation and prosecution of enforcement proceedings in areas involving bankruptcy, civil rights (OFCCP), and labor management. Defended branded and generic pharmaceutical manufacturers in multi-district product liability litigation (MDL) in federal and state court (New Jersey mass tort). Participated in two bellwether trials that resulted in defense verdicts.

Wiley secured a favorable verdict on behalf of BAE Systems Norfolk Ship Repair Inc. following a high-stakes breach-of-contract trial in the U.S. District Court for the Eastern District of Virginia’s Norfolk division. BAE Systems hired a subcontractor through a firm-fixed-price subcontract worth under $2 million to support its U.S. Navy (Navy) contract to rehabilitate the U.S.S. Vicksburg, a decommissioned Navy vessel. The subcontractor sought nearly $8 million in damages against BAE Systems on various contract theories. In a decision that followed a four-day trial, the court rejected the subcontractor’s contentions that BAE Systems constructively changed the subcontract’s scope of work or delayed the subcontractor’s progress in violation of express or implied contractual duties. The court also substantially rejected the subcontractor’s claim for constructive acceleration during the COVID-19 pandemic, awarding only $5,757, less than 1% of the $863,000 sought. The court’s verdict marks the conclusion of a series of favorable decisions Wiley obtained for BAE Systems throughout the litigation, including prior dismissals of delay-only, stop-work, and rework claims, and an additional $700,000 in improperly claimed damages. The Wiley team representing BAE Systems was led by Rebecca J. Fiebig and Krystal B. Swendsboe, both of counsel in the firm’s Litigation Practice.

Washington, DC –Wiley has filed a petition under Section 301 of the Trade Act of 1974, as amended, with the Office of the United States Trade Representative (USTR) on behalf of Facing Fentanyl and affected families seeking to address the People’s Republic of China’s (PRC) acts, policies, and practices related to its exports of illicit fentanyl to the United States. The petition alleges that the PRC government is actively supporting the production and export of illicit fentanyl products to the United States, and has failed to implement sufficient legal measures to prevent such exports. As a result, the petition urges USTR to initiate an investigation into the PRC’s acts, policies, and practices; seek consultation with the PRC government to address these issues; and consider imposing countermeasures. “The USTR is uniquely positioned to hold the PRC accountable for its role in the fentanyl crisis, which has claimed the lives of over 400,000 Americans,” said Wiley National Security Practice chair Hon. Nazak Nikakhtar. “By investigating the PRC’s unjustified and unreasonable acts, policies, and practices, and through potential economic countermeasures, USTR can compel the PRC government to stop the exports of illicit fentanyl to the United States, which costs the American people more than a trillion dollars annually.” The USTR now has 45 days to determine whether to initiate an investigation pursuant to the Trade Act.