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Robert J. Misulich

Overview

Robert J. Misulich represents Alaska Native Corporations (ANCs), tribes, and small businesses in a broad range of matters, including company formation and governance, shareholder meetings and proxy solicitations, employment law, and economic development, including compliance with the regulations governing the Small Business Administration’s (SBA) Section 8(a) Business Development Program. He has served as outside corporate counsel to entities throughout Alaska, and as in-house counsel to an Alaska Native regional corporation with operations across the United States. 

Robert’s experience includes providing advice and guidance on government contracting matters, including compliance with the Federal Acquisition Regulation (FAR), bid protests, and claims and appeals arising under the Contract Disputes Act.

Robert has practiced law in Alaska for his entire career. He came to Schwabe from another Anchorage law firm, and previously worked in-house at a regional ANC. He also served as a law clerk to the Hon. David Mannheimer of the Alaska Court of Appeals. 

Robert currently serves as President of the Anchorage Symphony Orchestra, and is committed to promoting the arts in Alaska. 

Experience

Experience

Alaska Native Corporations and Native American law

  • Advise ANCs in all aspects of shareholder meetings, including the implementation and interpretation of election rules, compliance with regulations promulgated by the Alaska Division of Banking and Securities, and service as parliamentarian.
  • Represent ANCs in the creation and effective use of Alaska Native Claims Settlement Act (ANCSA) settlement trusts to maximize benefits to the corporation and its shareholders.
  • Assist clients with corporate governance matters, including corporate restructuring, board fiduciary training, drafting and revising corporate policies and procedures, and strategic planning.
  • Advise tribes and tribal health organizations with respect to Section 638 Self-Determination contracts, Indian Child Welfare Act (ICWA) matters, and procurement.

Business and corporate

  • Provide strategic guidance on the intricacies of the Small Business Administration’s (SBA) Section 8(a) Business Development Program, including formation of new subsidiaries, 8(a) applications, teaming agreements, joint ventures, and mentor-protégé agreements.
  • Advise government contractors with respect to contract purchase agreements and contract novation.
  • Represented an ANC in all contracting pertaining to multimillion-dollar natural gas exploration project.
  • Represented an ANC in the acquisition of a significant out-of-state maritime services company.

Employment law

  • Advise ANCs in proceedings before the Alaska State Commission for Human Rights and the Anchorage Equal Rights Commission.
  • Represented an ANC in all aspects of a labor contract renegotiation.
  • Successfully represented an ANC in an NLRB proceeding involving a security services union.
  • Conduct internal investigations in response to internal whistleblower complaints.

Litigation and dispute resolution

  • Successfully obtained a temporary restraining order and preliminary injunction in a misappropriation of trade secrets case on behalf of an Alaska Native-owned technology company.
  • Obtained corrective action in bid protests before the U.S. Government Accountability Office (GAO).
  • Obtained a successful result for an ANC client in proceedings before the Civilian Board of Contract Appeals.
  • Negotiated a favorable settlement of requests for equitable adjustment with a municipal government entity on differing site conditions claims for an Alaska Native-owned construction company.

Memberships & Awards

Memberships

  • Alaska Bar Association, Law Examiners Committee (2013–present)
  • American Bar Association
  • Phi Beta Kappa, member

Resources & Ideas

Seminars & Speaking Engagements

Panelist: M&A Trends in Government Contracting
Reservation Economic Summit
2020

Panelist: Overview of Alaska Native Corporation Settlement Trusts After 2017 Tax Act, Alaska Banking and Securities Regulations
Alaska Native Village Corporation Association Conference
2019

Panelist: Reservation Economic Summit
Native Edge Institute: Contracting and Procurement
2019

Panelist, Pre-Intensive Session on SBA 8(a) Program
National 8(a) Association Conference
(2019)

Publications

American Bar Association, Consumer Protection Law Developments (second edition), Alaska State Law Section

Community Activities

Community Activities

  • Anchorage Symphony Orchestra, President (2020–present), Director (2016–present)
  • Alaska Business Development Center, Volunteer Tax Preparer and Team Leader (2010–present)

Services

Education

Admissions

Alaska State Courts

U.S. District Court for the District of Alaska

Outside The Office