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Ethical Issues for Attorneys in Government Contracting

(921 reviews)

Produced on July 15, 2019

$ 79 Ethics, Contract, Administrative, and Government Contracting In Stock
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Course Information

Time 1h 1m
Difficulty Intermediate

Course Description

Counsel for organizations, whether in-house or retained as needed, must comport with the rules of professional responsibility. This presentation, presented by Jennifer Borek and Lawrence Bluestone (materials created by Kenneth J. Allen) will posit factual scenarios that test the application of these rules for counsel advising clients that engage in government contracting, starting with the duty of confidentiality embodied in ABA Model Rule 1.6(b)(1) (and the many state variants), and its permission to disclose, without client consent, certain conduct. Attorneys will review the creation of the attorney-client privilege in the organizational setting, and what persons comprise those with whom communications are subject to the privilege (the “control group,” “subject matter,” and “Upjohn” tests).

The program will then cover the challenges that FAR 52-203-13 (the Contractor Code for Business Ethics and Conduct) can pose for attorneys, such as contractual requirements to disclose certain information. In particular issue is the following clause that contractors do not have to waive the attorney-client privilege, protections of the work product doctrine, or Fifth Amendment rights ((a)(2). The course will discuss these complicated ethical scenarios in the context of the KBR decisions (796 F.3d 137 (D.C. Cir. 2014)), and remind counsel of the distinctions between the attorney-client privilege and work product doctrine, and the need for giving “corporate Miranda warning” MR 1.13(f) to company personnel whose interests might be in conflict with the organization.

Learning Objectives:

  1. Review the ethical rules for attorneys advising clients who engage in government contracting
  2. Discuss the Contractor Code for Business Ethics and Conduct, and how this may conflict with attorney ethics
  3. Apply the rules to various scenarios

Credit Information

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Jennifer Borek

Genova Burns

Jennifer Borek is a Partner in the Firm's Jersey City, NJ office. She is the Chair of the Procurement Law, Government Contracts & Bid Protest Litigation Practice Group and a member of the Complex Commercial Litigation, Appellate Law and Class Action Defense Practice Groups as well as the Construction & Engineering Law Industry Group. She argues complex litigation cases in state and federal courts, including the Appellate Division and Third Circuit, before administrative agencies and in arbitrations.

Ms. Borek has managed legal teams from their inception through trial. Her practice focuses on commercial litigation; public procurement litigation; Open Public Records Act litigation; land use, redevelopment and condemnation disputes; commercial lease disputes, environmental matters and construction law claims as well as wrongful termination, discrimination and Fair Labor Standards Act collective actions. She has extensive experience counseling corporate entities regarding public bidding and procurement regulations as well as employment matters.

Lawrence Bluestone

Genova Burns

Lawrence Bluestone is Counsel in the Firm's Jersey City, NJ office and a member of the Appellate, Complex Commercial Litigation, Intellectual Property, Employment Law & Litigation, and Procurement Law, Government Contracts & Bid Protest Litigation Practice Groups.

Mr. Bluestone focuses his practice on complex commercial litigation and appellate law matters on behalf of public and private sector clients, primarily focusing on management of multi-million dollar companies and business disputes.


Charles S.

Really good info.

Kerry V.

The presenters were very knowledgeable and the hypotheticals were helpful

James C.

Lawline provides an invaluable service

Jacqueline S.

Presenters did an excellent job. The information was clear and concise, enough details to be effective, but not so many as to overwhelm or bore one to tears. Very effective webinar. I learned a lot.

Beth C.

Very succinct but covered a lot of ground.

Angelica A.

Fantastic! Thank you

Hilary J.

Very interesting and informative

Kathryn A.

Thank you both for putting the time and effort into making this presentation.

Alison M.

Thank you for the great example scenarios...gives a lot more clarity to the regulation's requirements.

Eric F.

liked the case studies

Todd A.

Excellent content!

Richard B.

Pretty good survey of the ethical issues relevant to my practice

Jayne W.

great overview and had the just the right amount of content! ect! thank you

Jeffrey D.

Good information. Thanks!

Adria B.

Interesting topic, well done.

Patricia M. D.

well presented, very knowledgeable

Robert B.

Interesting class.

Daniel W.

Very well done and informative.

Afsaneh Lynne K.

This was a good overview of ethics in government contracting.

Thomas D.

Very informative!

Evan K.

Lovely. Thanks!


Very useful discussion and hypos

Mary F W.

The two hypotheticals at the end were helpful.

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