Legal Ethics in Government Contracting

(408 Ratings)

Produced on: July 10, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 92 minutes
Difficulty Intermediate

In the world of government contracting, counsel must not only navigate traditional legal ethics issues, but counsel also face unique legal ethics issues arising from specific government contracts statutes and regulations as well as the dynamics of having the United States as the “client” of your adversary.  

This program, led by attorneys Eric Leonard and Craig Smith, will explore the potential pitfalls that await government contracts lawyers (whether outside counsel, in-house counsel or government counsel) that assist clients in matters involving debriefings, bid protests, due diligence, subcontracting counseling and investigations. In many of these matters, the stakes are high and there simply is no room for error.    

Learning Objectives: 

  1. Compare government contractor ethics issues to legal ethics issues faced by government contracts counsel
  2. Analyze hypothetical legal ethics issues that can arise for government contracts counsel in the context of the Model Rules
  3. Suggest strategies for mitigating risk to counsel
  4. Discuss current ethics developments and trends 



Faculty

Eric Leonard

Wiley Rein LLP

Mr. Leonard represents clients on all aspects of federal, state and local procurement matters, including government contracts compliance issues, compliance with federal labor initiatives, such as the Service Contract Act (SCA), bid protests, contract disputes and termination litigation, mergers and acquisitions, government investigations, suspension and debarment matters and False Claims Act actions.  His experience includes representation of clients before federal agencies, the Government Accountability Office (GAO) and the U.S. Court of Federal Claims and spans virtually all industries involved in contracting with the federal government.

 

REPRESENTATIVE EXPERIENCE

  • Successfully represented clients on bid protest matters involving multi-billion dollar procurement matters before GAO and at the U.S. Court of Federal Claims
  • Advised numerous clients on a wide range of government contracts compliance issues including development of mandatory disclosure programs
  • Developed government contracts compliance plans and manuals for large government contract clients and conducted compliance audits designed to test a contractor's compliance with applicable federal statutory and regulatory requirements
  • Assisted numerous clients with issues arising under the SCA including assessment of coverage by the SCA and related counseling, representation in connection with Department of Labor SCA compliance audits, and development of tailored strategies for ensuring compliance with SCA fringe benefit requirements
  • Recently served as government contracts special counsel in multi-billion dollar government contracts bankruptcy matter. Developed novel novation strategies in connection with asset sales by the bankruptcy estate and assisted with developing resolution strategies for the settlement of government claims against the estate
  • Assisted numerous clients in preparing responses to grand jury subpoenas and inspector general subpoenas on large-scale government investigation matters at times prompted by underlying qui tam suits
  • Regularly counsels clients on teaming agreement and subcontracting matters, small business questions, and other issues related to compliance with socioeconomic obligations and U.S. preference statutes and regulations such as the restrictions associated with the acquisition of specialty metals

PROFESSIONAL EXPERIENCE

  • Adjunct Professor, George Mason University School of Law (Spring 2007, Fall 2006, Spring 2003).

AFFILIATIONS

  • American Bar Association (ABA), Section of Public Contract Law (1997-Present)
  • Vice-Chair, Debarment and Suspension Committee (2009-Present)
  • Vice-Chair, Procurement Fraud Committee (2004-Present)
  • Bid Protest Committee (1997-Present)
  • Services Contracting Best Practices Task Force (2011)
  • Editor, Public Contract Law Journal (2000-2005)
  • Fairfax County Chamber of Commerce
  • Co-Chair, GovCon Communications Committee (2008-Present)
  • National Contract Management Association (NCMA) (1997-Present)
  • Northern Virginia Technology Council (NVTC), B2G Committee (2006-Present)
  • Professional Services Council (PSC) (2003-Present)

Craig Smith

Wiley Rein LLP

Mr. Smith counsels and represents government contractors and subcontractors on a broad range of government contracting issues, including bid protests, contract claims, disputes, as well as government and internal investigations.

 

Representative Experience

  • Litigates bid protests before the Government Accountability Office (GAO) and U.S. Court of Federal Claims (COFC), including multiple GAO protests of Department of Health and Human Services’ (HHS) awards of Medicare Administrative Contractor (MAC) contracts.
  • Represents contractors proposed for suspension or debarment and contractors facing potential termination for default.
  • Litigates claims before the Armed Services Board of Contract Appeals (ASBCA). Assists in multi-year claim resulting in nine-figure settlement payment to contractor.
  • Conducts internal investigations and also represents contractors in investigations by inspectors general (IGs) of cabinet-level agencies, including representation during employee interviews by IG agents.
  • Counsels clients on compliance with the McNamara-O’Hara Service Contract Act (SCA).
  • Counsels clients in preparing and maintaining government contracts ethics and compliance programs and performs audits of existing compliance programs.
  • Represents pro bono clients in civil litigation, civil rights litigation, and Social Security appeals.

 

Professional Experience

  • Research Assistant, Professor M. Elizabeth Magill, University of Virginia School of Law (2007).

Reviews

DM
david m.

Fascinating stuff. Definitely a different legal world as compared to a consumer bankruptcy practice.

RL
Richard L.

Really good presentation - right on point

AM
Antoine M.

Excellent and thorough presentation

WD
William D.

Well organized discussion with relevant examples.

BS
B.A. S.

It was great having two professors teach the class.

SE
Stephen E.

Good, practical advice regarding potential ethics situations.

PA
Peter A.

I was especially pleased that there were two presenters, given the breadth of the topics involved.

HL
Heidi L.

Architecture in-jokes were amusing.

CR
christopher r.

Great speaking team; really knew their stuff on ethics issues re: government contracts.

KU
Kristina U.

These guys were great. They really understand possible conflicts

EF
Elizabeth F.

Excellent presentations

CS
Carolyn S.

Good course.

Load More

$89

$ 89 Ethics, Contract Law, and Administrative Law In Stock

Accreditation

Get Unlimited Access to Lawline Courses

Unlimited CLE Subscription gives you access to take almost any course from our catalog and earn as much CLE credit as you need.