Risk Management in Government Contracting

Streams live on: Tuesday, July 17, 2018 at 10:00am EDT

Course Format Webcast

Taught by

Categories:

Course Description

Estimated Duration 60 Minutes
Difficulty Intermediate

Companies doing business with the Federal government face a unique set of challenges. There are a seemingly endless number of rules the must be read, interpreted, and followed. To make matters worse, the government is in a perpetual state of updating, changing, repealing, and replacing the relevant statutes and regulations.

In order to maintain compliance, contractors must develop a robust risk management program. As a starting point, all contractors should have a written Code of Business Ethics and Compliance. But it is not enough just to have a code. Contractors should distribute the Code to all employees and routinely update it for training purposes. Having a code is good first step towards developing a “culture of compliance” at all levels of your business.

Once in place, a properly functioning Code of Business Ethics and Compliance will help identify and mitigate or avoid potential risk factors. Understanding the proper method for investigating and disclosing violations may be the only thing standing between your business and the serve sanctions available to the government through the civil False Claims Act and other criminal penalties.

This course, presented by Nicholas T. Solosky (a partner in Fox Rothschild’s Federal Government Contracts and Procurement Practice Group), covers the fundamental issues of risk management in government contracting.


Learning Objectives:

  1. Examine the current hyper-technical climate surrounding the enforcement of government rules and regulations under the civil False Claims Act
  2. Identify the primary areas of government enforcement and the major risk factors for each
  3. Explore to how properly prepare and implement a Code of Business Ethics and Compliance
  4. Discuss hot-button enforcement issues, including brand new cybersecurity enforcement regulations

Faculty

Nicholas Solosky

Fox Rothschild LLP

Nicholas's practice is concentrated on national government contracts and construction related matters with a strong emphasis on federal procurement issues. He has extensive experience advising clients with respect to a wide-range of risk management and dispute resolution matters, including: Government agency suspension and debarment proceedings; Federal bid protests and debriefing strategies; Buy American and Buy America Act compliance issues; Federal ethics and compliance training; and Small Business Administration set-aside program guidance and size protests. Additionally, Nicholas’s federal construction litigation practice focuses on representing contractors and the owners of regional and national construction companies in all manners of private and public projects, including contract negotiations and litigation.

Nicholas also conducts a diverse litigation practice in both federal and state courts, with an emphasis on representing clients in complex commercial litigation. His experience includes client counseling, litigation, trial, alternative dispute resolution, and a strong appellate practice.

As a seasoned litigator, Nicholas has successfully represented corporate clients in a wide variety of circumstances, including the following representative matters:

  • Successful representation to verdict in favor of a landscape maintenance organization with respect to a breach of contract matter concerning the design and construction of a golf course and preserve

  • Securing dismissal of a Federal District Court complaint based on the Southern District of New York’s first-to-file doctrine

  • Preparing a legal opinion for a lithium-ion battery manufacturer concerning Buy America Act compliance

  • Representation of commercial building contractors with respect to bid protests and size protests before the Government Accountability Office and Small Business Administration, respectively

  • Defending an employee of a leading geotechnical construction firm in suspension and debarment hearings before the Environmental Protection Agency

  • Counsel for a national accounting firm in fraud and breach of contract matters in arbitration proceedings across the country

  • Representation of a telecommunications company in a Federal District Court action concerning FCC telephone number hoarding regulations

  • Securing dismissal with respect to claims brought against an environmental technology company concerning a fuel leak in an underground storage tank facility

  • Successful defense of international automobile manufacturers in many actions alleging civil and statutory claims

  • Case dismissal of a breach of contract action brought against a venture capital firm brought in Federal District Court

  • Representation of global insurance companies with respect to a wide variety of cases involving coverage claims and bad faith disputes

  • Representation of regional manufacturer of commercial car-carriers with respect to product liability claims in state court; and

  • Representation of an authentic solutions provider in a civil suit brought by a former employee alleging harassment and constructive discharge

Before Fox Rothschild

Prior to joining the firm, Nicholas was an associate in a large international law firm’s global litigation group. While in law school, Nicholas was a Chancellors’ Scholar at the University of North Carolina School of Law and a staff writer for the North Carolina Law Review.

Beyond Fox Rothschild

Nicholas has been involved with the Homeless Advocacy Project, a non-profit organization providing pro bono legal services to homeless individuals in the Greater Philadelphia area. Additionally, he previously served as pro bono legal counsel to the U.S. District Court for the Eastern District of Pennsylvania Prisoner Civil Rights Panel.



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