Nicole M. Bacon, a Partner in the firm’s Federal Grants, Litigation & Government Investigations, Health Care, and Education practice groups, has a diverse nationwide practice, representing a variety of community-based organizations, including Head Start programs, community action agencies and community health centers.

Ms. Bacon’s litigation practice includes a wide range of issues before State and Federal courts as well as administrative bodies. Her litigation matters include False Claims Act defense, cost disallowances, grant terminations, grant bid protests and Medicaid payments.

In addition to litigation services, Ms. Bacon offers her clients specialized guidance in compliance with federal grant law, including specific programmatic requirements as well as the Uniform Administrative Requirements, Cost Principles, and Audit Requirements of Federal Awards. She drafts and negotiates a variety of subrecipient and contractor agreements to assist her clients in complying with the federal requirements so they can better serve their communities.

Additionally, Ms. Bacon leads the firm’s Head Start education and training efforts by designing seminars and meetings for various groups, both in-person and via webinars. These sessions focus on grant-related topics, ensuring that participants stay updated on federal regulations, management practices and financial requirements.

Prior to joining the firm, Ms. Bacon worked as a staff attorney with Legal Services of Northern Virginia and Rappahannock Legal Services, representing low-income clients, including Spanish-speaking clients, in family law, housing and consumer matters.

Ms. Bacon’s dedication to serving underserved and underrepresented clients is a driving force in her professional endeavors. Her passion is deeply rooted in her commitment to supporting organizations that are actively combating systemic issues faced by the populations she previously worked with. Her current role at the firm allows her to contribute meaningfully to these organizations, empowering them with the tools and knowledge they need to better serve the communities they represent.

Representative Matters

  • Successfully appealed a grant termination before the U.S. Department of Health and Human Services, Departmental Appeals Board.
  • Lead negotiations for a group of health centers and obtained settlement for collectively $70 million in claims for 24 years of Medicaid reimbursement.
  • Successfully appealed a U.S. District Court decision before the U.S. Court of Appeals for the First Circuit regarding payment rights of federally qualified health centers.
  • Advising clients on the federal requirements for grant-related construction and renovation projects.

Classes/Seminars Taught

Topics Include:

  • Grant Administration and Grants Management topics
  • Rights and Obligations of Federal Grantees and Subrecipients
  • Subrecipient Relationships – Formation, Monitoring, Closeout
  • Procurement Standards and Grantee Policies and Procedures
  • Advantages and Disadvantages of Indirect Cost Rate Agreements
  • Time and Effort, Leave Time, Self-Insurance, Incentive Compensation
  • Matching Share with focus on in-kind valuation, documentation, allowability
  • Head Start Program Performance Standards

Previous Experience

  • Legal Services of Northern Virginia, Staff Attorney (2004-2008)
  • Rappahannock Legal Services, Staff Attorney (2004)

Education

  • J.D., American University, Washington College of Law, cum laude (2003)
  • B.A., University of Virginia (2000)

Law Journals

  • Member, International Law Review

Bar/Court Admissions

  • District of Columbia
  • Virginia
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. District Court for the District of Columbia
  • U.S. District Court for the Eastern District of Virginia

Languages

  • Spanish

Professional Memberships / Affiliations

  • Federal Bar Association, DC Chapter, President (2019-2021)
  • National Bar Association
  • Northern Virginia Black Attorney’s Association