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2016 Government Contracts Review and Outlook West Coast
San Diego, CA
November 17-18, 2016
-- Learn from the leading experts in the field of government contracting
-- Receive the latest in recent and pending statutes, regulations and legislation
-- Keep current and hear the forecast for 2017
This unique conference brings together high-level practitioners and government contracting professionals to discuss what’s happening in the industry and its impact on 2017.
Get an accelerated review and analysis of new developments in federal government contracting, from pending legislation and trends to how to prepare for the future. Connect with the top minds in the industry at a program designed for all public and private sector employees, including supply, service, and construction contract professionals.
Comprehensive Coverage on Timely but Timeless Topics
- New and pending statutes and regulations
- Cybersecurity and technology issues
- Civil FCA, fraud and compliance issues
- Contract cost and pricing developments, and accounting issues
- Contract formation, negotiations and protest developments
- International Updates, ITAR, FCPA, Export Controls
- Labor & employment law updates and executive orders
- Mandatory DFARs flowdown and best practices
FREE REFERENCE TOOL
Attendees will receive an extensive manual of reference materials prepared especially for this program.
Dates and Locations
8:30 AM - 4:00 PM
8:30 – 8:45
Introductory Remarks (James J. Gallagher, Pillsbury Winthrop Shaw Pittman LLP)
8:45 – 9:45
2016 Legislative and Regulatory Developments (Jason Workmaster, Covington & Burling LLP)
9:45 – 9:55 Break
9:55 – 11:00
An Update on Export Controls, the Foreign Corrupt Practices Act and International Trade Issues (Andrew D. Irwin, Steptoe & Johnson LLP)
11:00 – 11:05 Break
11:05 – 12:15
Contract Formation, Negotiation and Protest Developments (Thomas P. Humphrey, Crowell & Moring LLP and Jerald S. Howe, Jr., Fried Frank)
12:15 – 1:15 Lunch
1:15 – 2:15
An Accelerated Course in Mandatory and Recommended DFARS Flow-Downs and Best Practices (Alex Tomaszczuk and Michael Rizzo, Pillsbury Winthrop Shaw Pittman LLP)
2:15 – 2:30 Break
2:30 – 3:15
Legal Advancements in Cyber Security Requirements and Related Technology Issues Impacting Government Contractors (Jay DeVecchio, Morrison & Foerster and Ray Aghaian, Kilpatrick Townsend & Stockton LLP)
3:15 – 4:00
A Primer on the Status of Labor and Employment Law, Regulations and Executive Orders Applicable to Government Contracting (Glenn Sweatt and Laura Latham, Pillsbury Winthrop Shaw Pittman LLP)
8:30 AM - 12:00 PM
8:30 – 8:45
Introductory Remarks (James J. Gallagher, Pillsbury Winthrop Shaw Pittman LLP)
8:45 – 10:15
Contract Accounting, Cost and Pricing Developments (Karen L. Manos, Gibson Dunn & Crutcher LLP and Terry L. Albertson, Crowell & Moring)
10:15 – 10:30 Break
10:30 – 12:00
An Update on the Civil False Claims Act, Fraud and Compliance Issues (Scott Roybal, Sheppard, Mullin, Richter & Hampton LLP and Patricia Meagher, Rogers, Joseph O'Donnell)
Alex Tomaszczuk, Partner - Pillsbury Winthrop Shaw Pittman LLP
Alex Tomaszczuk is a partner in the law firm's Government Contracts & Disputes practice and is located in the Los Angeles and Northern Virginia offices. He has been representing clients in government contract matters since the completion of his clerkship at the Court of Claims (now U.S. Court of Appeals) in 1982. He has successfully represented and is currently representing a number of utilities in litigation at the U.S. Court of Federal Claims and U.S. Court of Appeals for the Federal Circuit involving the Department of Energy's breach of its contracts to dispose of spent nuclear fuel. He has handled a number of bid protests at the Government Accountability Office, the Court of Federal Claims, and at the Federal Circuit. His recent bid protest victories include procurement actions by the Department of Health & Human Services, the General Services Administration, and the Department of Justice/Federal Bureau of Prisons. He has also conducted internal investigations regarding allegations of mischarging time under U.S. Government contracts and subcontracts, the proper accounting treatment for inventory and third-party labor and other ethics-related matters. Mr. Tomaszczuk formerly worked in the Office of the Legal Adviser at the U.S. Department of State, where he won the Department's Superior Honor Award. He is a former chair of the Federal Bar Association's government contracts section.
Andrew D. Irwin, Partner - Steptoe & Johnson LLP
Andrew D. Irwin is a partner in Steptoe’s Washington office. He focuses his practice at the intersection of international regulatory law and government procurement, concentrating primarily on corporate investigations and related compliance counseling. He has a particular background in laws and regulations that relate to export controls/sanctions, foreign corruption, and government contracting fraud. He also has considerable experience in general corporate ethics/compliance counseling, as well as ethics/compliance program administration and development. He has conducted investigations and reviews in Europe, Asia, Africa, and the Middle East (including on the ground in wartime Iraq). Prior to coming to Steptoe, Mr. Irwin spent several years as inside counsel for one of the world’s largest engineering and construction companies.
Mr. Irwin has been an Associate Professorial Lecturer in Law at the George Washington University Law School, a guest lecturer for its Government Contracts Program, and has given numerous CLE presentations on a wide range of international and government contracts topics for Federal Publications Seminars. His CLE presentations have included developing and teaching a course on ITAR compliance and voluntary disclosures as well as a course on the fundamentals of government contracts. He also has developed, and co-teaches, Federal Publications’ live course regarding the FCPA. He is also a frequent author on government contracts, international regulatory matters such as export controls/FCPA, and corporate compliance. In 2011 he hosted, with Lucinda Low, a multi-part series of video tutorials for Thomson Reuters on global corruption issues and coordinated the firm's production of a series of videos on export control reform for Thomson Reuters in 2014.
Glenn Sweatt, Counsel - Pillsbury Winthrop Shaw Pittman LLP
Glenn Sweatt is a counsel in the firm’s Government Contracts & Disputes Practice and is located in the Silicon Valley office. He has more than 25 years of experience in contracts management and compliance. In his latest role, Mr. Sweatt was the Vice President of Contracts and Compliance at ECC, a company that supports environmental, construction and renewable energy programs for Federal government agencies. Previously, he served as the company’s General Counsel.
Mr. Sweatt has hands-on experience dealing directly with government contract issues for all of the major Department of Defense (DOD) agencies, as well as the Department of State, General Services Administration (GSA),Environmental Protection Agency (EPA), Department of Transportation (DOT) and other civilian agencies. He has managed claims before the United States Court of Federal Claims ("COFC"), and the Armed Services Board of Contract Appeals ("ASBCA"), as well as extensive private arbitration experience.
James Gallagher, Partner - Pillsbury Winthrop Shaw Pittman LLP
James Gallagher is a partner in the law firm's Government Contracts & Disputes practice and is located in the Los Angeles office. As a nationally renowned litigator, Mr. Gallagher has been representing government contractors, including the largest aerospace companies, for more than three decades. His experience includes the full range of government contract financial issues, including civil and criminal fraud investigations and litigation, defective pricing, terminations, claims, breach of contract and cost allowability. Mr. Gallagher has served as lead counsel in more than three dozen False Claims Act cases, most of which were qui tam matters. Of those, both Schumer vs Hughes Aircraft and Allison Engine vs United States, et al, were decided favorably for the defendant by the U.S. Supreme Court.
Jason Workmaster, Of Counsel - Covington & Burling LLP
Jason Workmaster focuses his practice on government contracts-related litigation, including civil False Claims Act (FCA) cases, contract disputes, and bid protests. He has represented a host of clients in these types of cases in U.S. District Court, the U.S. Court of Federal Claims (COFC), and the Government Accountability Office (GAO).
A nationally recognized leader on FCA issues, Mr. Workmaster has appeared on NBC’s The TODAY Show and Canadian TV’s National News to discuss the highly publicized FCA case against the cyclist Lance Armstrong. Mr. Workmaster is also recognized as an expert on the General Services Administration (GSA) Schedules program. He regularly lectures on the schedules and appears on Federal News Radio to discuss issues related to the Schedules.
W. Jay DeVecchio, Partner - Morrison & Foerster LLP
W. Jay DeVecchio is a litigator and Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment. He also represents clients in related issues such as criminal and civil fraud, qui tam actions, and internal investigations.
Since 2005, Mr. DeVecchio has been named a leading national practitioner in Government Contract Law by Chambers USA. Quoting from a source, Chambers USA 2014 published this about Jay: “The best litigator in the country on government contracts and related matters.” He has been named a Top Washington Lawyer in Government Contracts by both The Washington Business Journal (2008) and The Washingtonian, most recently for 2015. Mr. DeVecchio has defeated a large qui tam action in a jury trial, and he has litigated the largest defective pricing appeal tried to date, the leading case on latent defects, and the Eleventh Circuit’s decision on false claims immunity for Medicare contractors.
JERALD HOWE, JR.
Jerald S. Howe, Jr., Partner - Fried, Frank, Harris, Shriver & Jacobson LLP
Jerry Howe is a partner resident in Fried Frank's Washington, DC office. He is a member of the Firm's Government Contracts, Mergers and Acquisitions, and Aerospace & Defense Practices. Mr. Howe joined Fried Frank in 2013. Mr. Howe advises clients with respect to government contracts litigation, investigations and bid protests, as well as M&A and private equity transactions in the aerospace & defense industry.
Mr. Howe has more than 25 years of experience in the aerospace, defense and intelligence sectors. Before joining Fried Frank, he was the Senior Vice President and General Counsel at TASC, a leading aerospace & defense company. In this position, he oversaw the company's legal affairs, corporate development and M&A, ethics and compliance programs, government relations and security. Previously, he was owner and principal of InSequitur LLC, a consulting firm, and Executive Vice President of the Olive Group. Mr. Howe also served as Senior Vice President & General Counsel of Veridian Corporation, a publicly traded company that provided advanced technology services and solutions to the intelligence community, military and homeland defense agencies.
Karen L. Manos, Partner - Gibson, Dunn & Crutcher LLP
Karen is a partner in Gibson Dunn's Washington D.C. office and Chair of the firm's Government Contracts Practice Group. Ms. Manos graduated in the top two percent of her class at the U.S. Air Force Academy (B.S., distinguished graduate, 1981), and graduated first in her class from the Duke University School of Law (J.D., with highest honors, 1986), where she was a Note Editor for the Duke Law Journal. Ms. Manos has nearly thirty years' experience on a broad range of government contracts issues, including civil and criminal fraud investigations and litigation, complex claims preparation and litigation, bid protests, qui tam suits under the False Claims Act, defective pricing, cost allowability, the Cost Accounting Standards, and corporate compliance programs.
Laura Latham, Senior Counsel - Pillsbury Winthrop Shaw Pittman LLP
Laura Latham has been a Pillsbury attorney for over 23 years. She is a senior counsel in the law firm's Employment practice and is located in the San Diego office.
Ms. Latham is an advisor to employers and advocates for them in a variety of employment matters. She provides practical advice to businesses seeking to prevent claims, as well as those in the midst of navigating complex workplace disputes involving misappropriation of trade secrets, wage-hour issues, wrongful termination, discrimination and harassment, breach of contract, and Labor Code violations. Her clients are varied in size, stage and industry focus, and include established fund managers and hedge funds, technology and bitcoin startups, and publicly traded telecommunications and gaming corporations.
Michael R. Rizzo, Partner - Pillsbury Winthrop Shaw Pittman LLP
Michael Rizzo is co-leader of the law firm’s Government Contracts & Disputes practice and is located in the Los Angeles office. Mr. Rizzo helps clients avoid disputes and government investigations. He designs government contracts compliance programs that, once implemented, reduce legal department expenditures on disputes and litigation in future years. He counsels companies on cost and accounting issues related to their performance of government contracts and grants.
Patricia A. Meagher, Rogers Joseph & O'Donnell
Ms. Meagher concentrates in the areas of government contracts, litigation and construction law. Her practice includes counseling both prime contractors and subcontractors in a wide variety of procurement matters, including commercial item acquisitions, technical data rights, submission of claims, bid protests, small business issues, terminations, teaming agreements and joint ventures. She also represents firms involved with performing state and local public works projects and has particular expertise in protests, claims and payment disputes. Her practice includes providing strategic legal advice to federal grant recipients. In addition, Ms. Meagher advises clients on compliance issues and conducts internal investigations.
Ms. Meagher has litigated government contracts and construction cases and bid protests in state court, federal district court, the Boards of Contract Appeals, U.S. Court of Federal Claims, the Government Accountability Office and private arbitrations. Representative matters include: prosecution of claims for delays and changes; litigating claims arising from renovation of the historic federal prison facility at Alcatraz Island; termination for convenience of major weapon systems in development phase; defense of national construction contractor and its pipe supplier against latent defect claim on a significant federal aqueduct project; providing advice and counseling to Department of Energy grant recipients on electric and solar projects; protest of award of major federal hurricane protection project in and around New Orleans.
Ms. Meagher is ranked by Chambers as a leading government contracts attorney. She is a past chair of the ABA Section of Public Contract Law (2007 – 2008), the Section’s liaison to the ABA Commission on Women in the Profession, a Fellow of the American Bar Foundation and a Fellow of the Section of Public Contract Law. She is a National Partner of Women Impacting Public Policy (WIPP), a public policy organization that advocates for women-owned small businesses, and a member of the Board of Directors of the WIPP Foundation. Ms. Meagher is a former Adjunct Professor of Evidence Advocacy at UC Hastings College of the Law.
Ray Aghaian, Partner - Kilpatrick Townsend & Stockton LLP
Ray Aghaian is an experienced trial lawyer and former federal prosecutor focusing his practice on white collar criminal defense, cybersecurity, complex civil litigation, and internal investigations. As a federal prosecutor with the Cyber & Intellectual Property Crimes Section of the U.S. Attorney's Office in the Central District of California, Mr. Aghaian helped lead the U.S. Justice Department's efforts in investigating and prosecuting an array of white collar crimes including cyber intrusions, copyright and trademark infringement, healthcare fraud, theft of trade secrets, bribery, mail, wire and bank fraud, money laundering, tax evasion, and mortgage fraud. Mr. Aghaian has also briefed and argued a number of cases before the U.S. Court of Appeals for the Ninth Circuit.
Mr. Aghaian was selected as one of the “Most Influential Lawyers in White Collar & Cyber Crimes Law” in 2015 by the Los Angeles Business Journal. Mr. Aghaian's experience in the area of cybersecurity has been recognized by leading news outlets such as The Wall Street Journal and The Washington Post.
Scott Roybal is a partner in the Government Contracts, Investigations & International Trade Practice Group in the firm's Los Angeles office.Mr. Roybal practices business litigation in federal and state courts and before arbitration and administrative tribunals. He has extensive experience handling government contract disputes and defending individuals and corporations in a wide range of civil and criminal fraud investigations. He has more than 25 years of experience litigating qui tam False Claims Act cases and related whistleblower actions. Mr. Roybal has handled dozens of corporate internal investigations involving diverse industries such as aerospace and defense, healthcare, electronics, high technologies, telecommunications, and financial institutions, among others that conduct business with the government. He provides compliance program advice and counsel and conducts investigations concerning the Foreign Corrupt Practices Act (FCPA).
Terry L. Albertson, Senior Counsel - Crowell & Moring LLP
Terry L. Albertson is a senior counsel in the Washington, D.C. office of Crowell & Moring. He focuses on government procurement law. He received a bachelor's degree from Georgetown University, magna cum laude, in 1968, a master's from Yale University in 1969, and a J.D. from Harvard Law School, cum laude, in 1974. He is a member of the bars of the State of Maryland and the District of Columbia. He served in the United States Army from 1969 to 1971 and was awarded a Bronze Star for his service in Vietnam.
Mr. Albertson's practice focuses particularly on issues related to government contract cost, accounting, pricing, and termination issues. He represents contractors regularly at the various Boards of Contract Appeals and the Court of Federal Claims. He has tried a number of important cases concerning defective pricing, the Cost Accounting Standards, the allowability of costs, multiple award contracts, and terminations. He counsels contractors and participates in internal reviews and litigation about allegations of fraud, and has been involved in planning significant corporate mergers, divestitures, and reorganizations.
Thomas P. Humphrey, Partner - Crowell & Moring LLP
Thomas P. Humphrey is a partner in the Washington, D.C. office of the law firm of Crowell & Moring. He represents clients in a wide variety of government contracts matters, including bid protests, False Claims Act and qui tam litigation, and investigations of potential criminal matters. Thomas focuses on handling computer, telecommunications, and health care bid protest litigation before the GAO and various trial and appellate courts.
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