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E-mail Clark Pendergrass
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Telephone:  256-535-1100
Facsimile:  256-533-9322

Street Address:
Suite 102
2101 West Clinton Avenue
Huntsville, AL 35805
Mailing Address:
Post Office Box 2087
Huntsville, AL 35804-2087

Attorneys / J. Clark Pendergrass / Full Bio

J. Clark Pendergrass

Practice Areas

Profile

Mr. Pendergrass practices primarily in the areas of mergers and acquisitions, corporate and business law, health-care law, and federal government contracts. Mr. Pendergrass has extensive experience in complex transactions involving the health-care industries and aerospace, defense, and other government contractors.

In the area of federal government contract law, Mr. Pendergrass regularly advises clients about issues involving the Federal Acquisition Regulation (FAR), the Department of Defense Federal Acquisition Regulation Supplement (DFARS), Section 8(a) program, small disadvantaged business (SDB) program, the women-owned business (WOSB) program, the service-disabled, veteran-owned small (SDVOSB) business program, and the veteran-owned small business (VOSB) program. In addition, Mr. Pendergrass has extensive experience in teaming agreements, subcontracting issues, affiliation issues, joint ventures, and organizational conflicts of interest (OCI). He has successfully prosecuted requests for equitable adjustments (REAs) and claims under the Contract Dispute Act.

In the area of health-care law, Mr. Pendergrass regularly advises hospitals and physicians concerning regulatory compliance and fraud and abuse issues, such as the Stark Law and the Anti-Kickback Statute. Mr. Pendergrass has represented health-care clients in complex transactions, such as hospital‑physician joint ventures and other arrangements involving radiation therapy, sleep laboratories, and orthopaedic-sports therapy; the acquisition, development, and leasing of medical and physician office buildings; and the divestitures of home health divisions.

Mr. Pendergrass has represented emerging and start-up companies and been involved in venture capital and other private equity transactions. Mr. Pendergrass has experience in negotiating and preparing merger and acquisition agreements and related transaction documents; stock-purchase agreements; asset-purchase agreements; organizational documents for corporations and limited liability companies (LLCs); shareholder agreements; financing agreements; non-competition, non-disclosure, and confidentiality agreements; employment agreements; employee handbooks; and employee severance agreements. Mr. Pendergrass also has experience litigating business and minority‑shareholder disputes and commercial and contractual transactions.

Bar Admissions

  • Alabama, 1997

Court Admissions

  • United States Court of Appeals for the Eleventh Circuit
  • United States Court of Federal Claims
  • United States District Courts
  • Northern District of Alabama
  • Middle District of Alabama
  • Southern District of Alabama
  • All Alabama state courts

Professional Affiliations

  • American Health Lawyers Association
  • Alabama Bar Association
  • Huntsville-Madison County Bar Association

Publications

  • “Discovery and Claims Alleging Police Misconduct,” For the Defense, June 2003 (with George W. Royer).
  • “Unitary Status: A New Wave of Litigation,” Alabama School Boards, August 1999 (with J. Russell Gibson, III).
  • “The Real Estate Consumer's Agency and Disclosure Act: The Case Against Dual Agency,” Alabama Law Review, 1996.

Presentations

  • “Structuring Your LLC for Resale or Closure,” Small Business Development Center, Alabama A&M University, 2009.
  • “Selected Tax Issues Under Patient Protection and Affordable Care Act (PPACA),” Tax Developments 2012 (continuing professional education program or certified public accountants), sponsored by the Lanier Ford Technology Practice Group, July 2012.
  • “Changes, Terminations, and Claims for Federal Contracts,” sponsored by the Program for Investment in Micro Entrepreneurs (PRIME), Alabama A&M University, August and September 2012.

Education

  • J.D., summa cum laude, 1997, University of Alabama, Tuscaloosa, AL
    Managing Editor (1996-1997) and Junior Editor (1995-1996), Alabama Law Review
    Order of the Coif
    Dean M. Leigh Harrison Award
    Hugo L. Black Scholar
  • B.A., summa cum laude, 1991, University of Tennessee, Knoxville, TN
    Phi Beta Kappa

Community Involvement

  • Member, Huntsville Hospital Foundation Development Council (2006-2009).
  • Participant, Madison County Volunteer Lawyers Program (2011 to present).

Other Experience

  • Senior Staff Attorney, Justice Harold F. See, Alabama Supreme Court (1999-2001).