Erica L. Bakies

Erica’s government contracts and international trade practice focuses on the complex regulatory bodies in the national security space. 

In her government contracts practice, Erica advises clients on complicated compliance issues, such as classified contract requirements under the National Industrial Security Program, supply chain risk management, access restricted information like Controlled Unclassified Information, cybersecurity requirements, and SBA small business requirements and disputes. She regularly represents contractors pursuing or defending federal bid protests at the US Government Accountability Office and the US Court of Federal Claims. Erica also conducts internal investigations related to potential False Claims Act violations and the Mandatory Disclosure Rule and counsels clients in procurement disputes and government contracts litigation.

In her international trade practice, Erica concentrates on export controls, specifically the Export Administration Regulations and the International Traffic in Arms Regulations, as well as sanctions programs as enforced by the US Department of the Treasury's Office of Foreign Assets Control (OFAC). Erica conducts due diligence on individual transactions, assists clients with performing export control classifications, develops compliance procedures, performs internal investigations, and counsels clients through government enforcement actions. She also assists clients in submitting voluntary self-disclosures to the US Department of Commerce's Bureau of Industry and Security and OFAC and responding to government investigations.

Combining her international trade and government contracts practices, Erica has significant experience counseling clients undergoing mergers and acquisitions, in particular those involving US defense contractors. In addition to engaging in due diligence, she represents both foreign and domestic companies in the Committee on Foreign Investment in the United States’ (CFIUS) national security review process.  She also counsels clients on foreign ownership, control, or influence mitigation measures administered by the Defense Counterintelligence and Security Agency.

Notable

• Best Lawyers in America, "Ones to Watch" for Antitrust Law, 2023-2024, 2026
• Chambers USA, Government Contracts (Nationwide), 2024-2026
• Legal 500, "Next Generation Partners: Government - Government Contracts, 2026; "Rising Stars: Government Contracts," 2022-2024; Recommended Leading associate for Government - Government Contracts, 2025
• Chambers USA, "Up and Coming" attorney for Government Contracts (Nationwide), 2023
• Chambers USA, "Associates to Watch: Government Contracts," 2020-2022

PUBLICATIONS

• Co-Author, “What the DOGE "Cost Efficiency Initiative" Executive Order Means for Government Contractors and Grantees,” Legal Update, Seyfarth Shaw LLP (March 3, 2025)
• Co-Author, "The Government Contracts Compliance Handbook, 6th Edition," Thomson Reuters (2024)
• Co-Author, "Long-Awaited Outbound Investment Program Finally Addressed," Legal Update, Seyfarth Shaw LLP (August 28, 2023)
• Co-Author, "Are You Sure You’re Small? Court Highlights Intricacies Of Size Status And False Claims Act Liability," Westlaw (August 14, 2023)
• Co-Author, "No Such Thing As A Free Lunch (Or Infrastructure Project): Infrastructure Bill Brings Compliance With Federal Grant Obligations Into The Spotlight," The Government Contractor (February 22, 2023)
• “Key Takeaways from the GAO’s Recent Bid Protest Decisions Regarding Corporate Transactions,” The Procurement Lawyer (Fall 2022)
• "Key Facets Of Final Buy American Rule For Gov't Contractors," Law360 (March 17, 2022)
• "President Biden Targets Private Employers and Federal Employees and Contractors in His ‘Path Out of The Pandemic’," Pratt's Government Contracting Law Report (November 2021)
• "What Biden Buy American Order Means For Gov't Contracting," Law360 (February 9, 2021)
• “New 'Buy American' Rules Bear Risks For Prime Contractors,” Law360 (September 14, 2020)
• “Reinforcing the Rule of Two: The VA’s Improper Use of Cascading Evaluations,” Public Contract Law Journal (January 31, 2020)
• “DOD Clarifies Contractor Cybersecurity Certification — Again,” Law360 (December 19, 2019)
• “Real Steps Towards “Buy American” Compliance,” Briefing Papers (May 2019)
• “Assessing the Timeliness Requirements to Protest an Agency's Corrective Action,” The Procurement Lawyer (Winter 2019)
• “How Agencies 'Buy Foreign' Under the Buy American Act,” Law360 (February 5, 2019)
• “For Corrective Action Protests, Early Is Not On Time,” Government Contracts Law360 (November 16, 2018)
• “Protesting A Procurement As A Non-Offeror,” Government Contracts Law360 (August 22, 2018)
• “Feature Comment: Real Steps Towards 'Buy American' Compliance—Part IV: What Comes Next?” The Government Contractor (June 13, 2018)
• “Feature Comment: Real Steps Towards 'Buy American' Compliance—Part III: Understanding And Avoiding Common Areas Of Noncompliance That Lead to Enforcement Actions,” The Government Contractor (April 25, 2018)
• “Feature Comment: Real Steps Towards 'Buy American' Compliance—Part II: Demystifying BAA And TAA Requirements,” The Government Contractor (March 28, 2018)
• “Feature Comment: Real Steps Towards 'Buy American' Compliance—Part I: Unpacking FAR Pt. 25 and the Application Of 'Buy American' Laws,” The Government Contractor (February 21, 2018)
• “A Glimpse Inside the Brain's Black Box: Understanding the Role of Neuroscience in Criminal Sentencing,” Fordham Law Review (November 2016) (written with the Honorable Bernice B. Donald)