Webcast

Legal Ethics in Government Contracting (Update)

Streams live on Monday, December 16, 2019 at 11:30am EST

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Course Information

Time 90 Minutes
Difficulty Intermediate

Course Description

In the world of government contracting, counsel must not only navigate traditional legal ethics issues, but 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. In this program, we will explore the potential pitfalls that await government contracts lawyers (whether outside counsel, in-house counsel, or government counsel) and how to 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 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

Credit Information

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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)
  • Co-Chair, ABA, Public Contract, Employment Safety & Labor Committee (2018)
  • 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 (2008-2012)
  • National Contract Management Association (NCMA) (1997-Present)
  • Northern Virginia Technology Council (NVTC), B2G Committee (2006-Present)
  • Professional Services Council (PSC) (2003-Present)


George E. Petel

Wiley Rein LLP

George counsels and represents government contractors on a broad range of government contracting issues, including contract claims and disputes, bid protests, internal investigations, and cost allowability matters. A certified Legal Lean Sigma Institute (LLSI) White Belt, George uses the LLSI process and project management tools to continually improve the value proposition the firm delivers to its clients.

Representative Experience

  • Prosecutes and defends bid protests before the U.S. Government Accountability Office (GAO), and before the Small Business Administration (SBA) Office of Hearings and Appeals.
  • Counsels government contractors on compliance with SBA regulations, including size standards and affiliation, and women-owned, veteran-owned and service-disabled veteran-owned, 8(a), and HUBZone program requirements.
  • Counsels government contractors on compliance with mandatory disclosure obligations, incurred cost submissions, and other government reporting requirements.
  • Represents companies and individuals in connection with procurement fraud and other civil and criminal fraud allegations and issues, including conducting internal investigations and preparing Mandatory and Voluntary Disclosures.
  • Counsels government contractors on compliance with federal and state False Claims Acts, conflict of interest rules, and other ethics requirements.
  • Participates in merger and acquisition due diligence reviews, advising clients on government contracts issues and risks.
  • Counsels government contractors regarding claims and disputes, including claims under the Contracts Disputes Act (CDA).
  • Represents government contractors in drafting and negotiating teaming and subcontracting agreements and prime-subcontractor disputes.