Robert has led several of the highest-prole matters in the industry, from a $10.5 billion bid protest at the Court of Federal Claims, to lawsuits arising from the Cuban government's imprisonment of a contractor for espionage, to managing parallel investigations by two agency Offices of Inspector General, two Suspension and Debarment Officials, the Department of Justice, and a Congressional oversight committee.
Speakers
22 speakers from government, industry, and private practice, 1000+ PubKGroup members in attendance.ROBERT NICHOLS
KARA SACILOTTO
Kara is a partner in the Government Contracts Practice at Wiley Rein in Washington, D.C. She counsels and represents government contractors of all sizes on all aspects of government contracting. Ms. Sacilotto’s practice focuses on representing government contractors in connection with suspension and debarment matters, both before and after exclusion from contracting, ethics and compliance matters,Federal Acquisition Regulation (FAR) mandatory disclosure issues, and internal investigations. She also actively litigates a variety of cases from bid protests and claims to disputes between contractors. Ms. Sacilotto has taught government contracts for several years as an Adjunct Professor at George Mason University School of Law. She is also active in the ABA Section of Public Contract Law and currently serves as Chair of the Section. Ms. Sacilotto earned her J.D. from the University of Virginia School of Law and received her B.A., with distinction, from the University of Virginia.
Anne Perry
Anne Perry concentrates in the areas of Government Contracts law and litigation and is a lecturer and author in the Washington, D.C. area. Her broad experience in Government Contracts includes: bid protests before the U.S. General Accounting Office and the United States Court of Federal Claims; complex litigation in connection with the False Claims Act; claims litigation before the Armed Services Board of Contract Appeals and the General Services Administration Board of Contract Appeals; and counseling and litigation in the areas of:
- - National security
- - Mergers and acquisitions
- - Subcontracts and teaming agreements
- - Export control
- - Software and technical data rights
- - Cost allowability and allocability
- - Terminations
- - Foreign Military Sales and Foreign Military Financing
- - Truth In Negotiations Act and defective pricing
- - Suspension/debarment
- - Appropriations and socioeconomic programs
Greg Bingham
Greg Bingham is the President of The Kenrich Group and a member of the George Washington University Government Contracts Advisory Board. Greg is also an Adjunct Professor at George Washington University where he teaches Pricing and Cost Issues in Government Contracts (GCON 6506), a graduate-level course in the Masters of Science in Government Contracts program.
He has over 31 years of experience in the field of business consulting, primarily for Government and Construction Contractors.
DANIEL P. GRAHAM
Dan Graham is the Administrative Partner in Charge of the Government Contracts group at Vinson & Elkins LLP in Washington, D.C. His practice focuses on government contracts, bid protests, Contract Disputes Act appeals, prime/subcontractor disputes, and commercial litigation.Dan has litigated cases before the U.S. Court of Federal Claims (COFC), the U.S. Court of Appeals for the Federal Circuit, the Government Accountability Office (GAO), and the Boards of Contract Appeals, as well as before Federal District Courts and Courts of Appeals across the country.
Additionally, Dan’s practice involves Government cost accounting matters, identifying and resolving organizational and personal conflicts of interest, suspension and debarment proceedings, mergers and acquisitions, business restructures and reorganizations, and internal investigations. Dan also advises clients on compliance with ethics laws and regulations, including post-employment restrictions applicable to government employees.
Dan has been recognized in Chambers USA and Legal 500, and graduated from William & Mary Law School.
Fernand A. Lavallee
Fernand A. Lavallee is a Partner resident in the Washington, D.C. law offices of Jones Day. Mr. Lavallee’s practice focuses on government contracts law and litigation, with a special emphasis on high technology issues and intellectual property in government contracts.
He regularly counsels on all aspects of federal, state and local procurement matters, and litigates cases before various federal and state courts, as well as the Boards of Contract Appeals and the Government Accountability Office. He serves as a Vice Chair of the American Bar Association Public Contracts Law Section, Intellectual Property Committee, and has been named a leading national practitioner in Government Contract law by Chambers USA.
Michael J. Schaengold
Mike Schaengold is Co-Chair of the Government Contracts and Projects Practice of Greenberg Traurig, (“GT”), where he is resident in GT’s Washington, D.C. office. Mike’s government contracts dispute and bid protest experience includes the successful litigation of major cases before the Government Accountability Office (“GAO”), U.S. Court of Federal Claims, the U.S. Court of Appeals for the Federal Circuit, and the boards of contract appeals. He also has substantial experience in due diligence reviews and other issues related to the acquisition, merger or sale of government contractors.
Mike serves on the Advisory Boards to The Government Contractor and PubKLaw, and on the Advisory Councils to the Court of Federal Claims and the Federal Circuit. He has authored or co-authored more than 45 articles on government contracts, GAO, Court of Federal Claims and Federal Circuit topics. He is a regular speaker on government contracts topics including before West Government Contracts Year in Review Conferences, PubKLaw Year in Review Conferences, Federal Circuit Judicial Conferences, Federal Circuit Bar Association Conferences, ABA Public Contract Law Section seminars, the Association of Board of Contract Appeals Judges seminars, the Board of Contract Appeals Bar Association Conferences, Court of Federal Claims Bar Association Conferences, the George Washington University Law School’s Government Procurement Law Program, the University of Virginia School of Law, University of Maryland School of Law and George Mason University School of Law programs. He has been selected as a Washington, D.C. Super Lawyer; listed in Who's Who Legal, Government Contracts; and listed in Washingtonian Magazine as a Washington, D.C. Best Lawyer.
ANDY LIU
Andy was General Counsel of the Social Security Administration, a Partner at Crowell & Moring, and a Trial Attorney with the United States Department of Justice. He has represented individuals and corporations in matters involving government procurement fraud, health care fraud, price xing, kickbacks, bribery, public corruption, conict of interest laws, and other areas. He has written and presented extensively on the False Claims Act and other issues.
Ryan Byrd
Mr. Byrd is a Managing Director in the Berkeley Research Group Government Contracts Consulting Practice. He has experience in both government contracting and commercial industries. His government contracts expertise includes work with major contractors in the professional services, aerospace, defense, manufacturing, information technology, telecommunications, biotech, as well as grant and cooperative agreement recipients in the not-for-profit and NGO fields
Mr. Byrd’s experience spans the entire lifecycle of government contracting accounting, administration and compliance related matters, including contractor litigation and investigation support. His experience includes:
Kevin P. Mullen
Kevin P. Mullen is Co-chair of Morrison & Foerster's Government Contracts & Public Procurement practice. Mr. Mullen has broad experience in numerous facets of government contracts matters including agency procurements, subcontracting, teaming and joint venture relationships, contract performance issues, intellectual property, compliance matters, due diligence for mergers and acquisitions, and procurement fraud matters. He represents clients in the preparation and litigation of contract adjustment claims and terminations for both government contracts and construction projects. Over the course of his 27-year career, Mr. Mullen has handled more than 200 bid protest cases, representing both protesters and contract awardees before the U.S. Government Accountability Office, the U.S. Court of Federal Claims, federal district courts and state protest forums.
Mr. Mullen is a Council member for the Public Contract Law Section of the American Bar Association, and he has served as a Co-Chair of the Contract Claims and Disputes Resolution Committee and the Bid Protest Committee, and as a Vice-Chair of the Acquisition Reform and Emerging Issues Committee. He also served on the Board of Governors of the U.S. Court of Federal Claims Bar Association.
CRAIG A. HOLMAN
Craig Holman chairs Arnold & Porter's Government Contracts and National Security practices. Craig litigates claims, default terminations, and protests (pre-award, post-award, and size) involving federal, state, and local government contracts. Craig also defends False Claims Act cases and litigates government contract related commercial business disputes, including complex breach of contract and breach of teaming agreement matters.
Craig has litigated in various forums including the US Courts of Appeals for the Federal, Fourth, and Tenth Circuits, the US Court of Federal Claims, numerous federal district and state courts, the US Government Accountability Office, boards of contract appeals, and the American Arbitration Association. Numerous publications rank Craig as a leading U.S. government contracts lawyer.
ANDREA WILSON
Andrea Wilson leads BDO’s Nonprofit and Education Advisory Services practice and advises organizations on a wide range of issues including compliance matters, cost allowability and recovery issues, cost accounting, procurement, and internal control and operational assessments. She is an accomplished finance and operations advisor with more than 18 years of experience providing leadership and improving compliance, financial, procurement, operations, human resource, budgeting, and management systems.
Her experience is achieving superior performance by designing and implementing operational systems and internal controls to reduce costs, increase efficiencies, accuracy and compliance. Andrea’s vast industry knowledge ensures that solutions are grounded in practical, operational experience. She is also a member of BDO’s Institute for Nonprofit Excellence.
PAUL F. KHOURY
Paul is a partner co-chair of the Government Contracts practice at Wiley Rein, where has worked since he graduated from George Washington University Law School in 1986. He counsels and represents clients in all aspects of the government contracting process.
He is regularly involved in litigation on behalf of government contractors, including claims and disputes under the Contract Disputes Act at the Boards of Contract Appeals and the U.S. Court of Federal Claims (COFC); representing clients in bid protests at the Government Accountability Office (GAO) and the COFC; civil false claims actions; and prime/sub disputes in federal district courts and state courts.
STUART NIBLEY
Stu Nibley recently concluded his term as Chair of the ABA Public Contract Law Section, where he currently serves as Co-Chair of the Section’s Federal Procurement Division, and served as past Co-Chair of the Bid Protest Committee, Contract Claims and Dispute Resolution Committee, and Acquisition and Reform and Emerging Issues Committee. He is recognized as a leading attorney in government contracts law in Chambers USA, Super Lawyers, Washington Post Top DC Attorneys, Wall Street Journal Top Lawyers, Who’s Who Legal and Who’s Who International Procurement.
He is a member of the PubKLaw Board of Advisors, the United States Court of Federal Claims Advisory Council, and the Executive Council for the Procurement Division of the National Defense Industrial Association, and Past Chair Legal Subcommittee. He thinks he is an athlete (but he gets hurt a lot).
Rich Rector
Rich litigates contract actions and bid protests before the Court of Appeals for the Federal Circuit, the Court of Federal Claims, federal district courts, state and federal boards of contract appeals and the US Government Accountability Office. He also represents prime contractors and subcontractors in breach-of-contract and protest actions in state and federal courts, and he advises contractors on the preparation and avoidance of contract claims and disputes.
Rich also counsels clients on a broad range of federal and state procurement matters, including IT contracts and transactions, audits and investigations, False Claims Act issues and potential disclosures, state procurement issues, commercial-item contracting, terminations for convenience, US Postal Service procurement and compliance with procurement integrity and ethics laws.
Frederic M. Levy
Frederic Levy, co-chair of the Government Contracts Practice Group, focuses his practice on the resolution of complex compliance and ethics issues. He has successfully represented numerous high-profile corporations and individuals under investigation by the government in civil and criminal matters, including False Claims Act cases, and in suspension and debarment proceedings to ensure their continued eligibility to participate in federal programs. He has also conducted numerous internal investigations on behalf of corporate clients, and has advised corporations in voluntary or mandatory disclosures to a variety of federal agencies. Mr. Levy regularly counsels clients on government contract performance issues, claims and terminations, and he litigates such matters before the boards of contract appeals and in the Federal Circuit.
Related to his work involving program fraud, Mr. Levy counsels clients in the area of contractor "responsibility." He is involved in the development and implementation of contractor ethics and compliance programs which meet the standards of the Federal Acquisition Regulation, Federal Sentencing Guidelines, and Sarbanes-Oxley, and regularly conducts ethics and compliance training. Mr. Levy is a principal editor of Guide to the Mandatory Disclosure Rule and a contributing author and editor of the Practitioner's Guide to Suspension and Debarment and of Healthcare Exclusions: A Comprehensive Guide.
RALPH O. WHITE, ESQ
Ralph White is a Managing Associate General Counsel for Procurement Law, within the Office of the General Counsel, U.S. Government Accountability Office (GAO). Since joining GAO in 1989, Mr. White has handled bid protests as a writing attorney/hearing officer, as an Assistant General Counsel leading a team of GAO attorneys, and since early 2010, as a Managing Associate General Counsel leading GAO’s bid protest forum.
Prior to joining GAO, Mr. White was an associate attorney in the Washington, D.C. Office of Fried, Frank, Harris, Shriver and Jacobson, where he practiced government contracts law from 1985 to 1989. Prior to entering private practice, Mr. White worked for six years as a Senate staffer, including serving on the staff of the Senate Armed Services Committee, and the Oversight Subcommittee of the Senate Governmental Affairs Committee. In the Senate, Mr. White specialized in federal procurement policy, including staff work on the Competition in Contracting Act of 1984, and other procurement-related legislation.
Mr. White is a graduate of the College of William and Mary (B.S. 1978), and the Catholic University Law School (J.D. 1985).
Adrian Wigston
Previously, Adrian specialized in Incurred Cost contract auditing as a senior auditor with the Defense Contract Audit Agency (DCAA). At DCAA, Adrian was a champion of indirect costing methodologies including home-office allocations for large corporations with subsidiaries. At DCAA he handled topics for both CAS-covered and non-major defense contractors. After DCAA, Adrian conducted performance audits with the Department of Energy OIG and Department of Veterans Affairs OIG. As an OIG auditor he specialized in cooperative agreements, cost-share contributions, and sub-recipient monitoring. Atypical for auditors, Adrian is an excellent communicator and delivers powerful, convincing presentations. Adrian understands challenging international development environments and has worked in El Salvador & Indonesia. He speaks Spanish fluently and embarrasses himself when speaking Portuguese.
Judge Jeri Somers
Judge Jeri K. Somers became Chair of the Civilian Board of Contract Appeals October 1, 2017.
The Civilian Board of Contract Appeals (CBCA) is an independent tribunal housed within the General Services Administration. The board’s principal mission is to hear and decide contract disputes between government contractors and civilian agencies of the federal government under the Contract Disputes Act. The CBCA also exercises jurisdiction in multiple areas based upon statute, delegations of authority, and memorandum of understanding. In addition, the board provides alternative dispute resolution services for government contract and other matters involving federal agencies.
As a member of the board, Judge Somers manages cases, conducts hearings when necessary, issues opinions and orders, and serves as a neutral in alternative dispute resolution proceedings. As chair, she is additionally responsible for management of the tribunal itself.
Before her appointment to Chair of the CBCA, Judge Somers served as Vice Chair of the CBCA since June 8, 2008. She became a member of the CBCA on January 6, 2007, after having served on the Department of Transportation Board of Contract Appeals since April 2003.
In her previous positions, Judge Somers served in the United States Air Force as a lawyer in the Judge Advocate General Corps (JAG), retiring in the rank of Lieutenant Colonel; as a trial attorney with the Department of Justice, National Courts Section, Civil Division; as an Assistant United States Attorney in the U.S. Attorney’s Office, Eastern District of Virginia (Alexandria Division); and as an attorney in the private sector. Judge Somers has also been a Professorial Lecturer in Law at the George Washington University Law School since 2009 and at the American University Washington College of Law since 2018. Judge Somers holds a law degree from the American University Washington College of Law and a bachelor’s degree from George Mason University. She is a member of the bars of Virginia, DC, and the Supreme Court of the United States.
Karen Thornton
Karen DaPonte Thornton (LLM, '01) is the Director of the Government Procurement Law Program. She has been part of the Government Procurement Law community since the earliest days of her legal career. She earned her LLM degree at GW Law as a part-time student, while serving on active-duty in the Army JAG Corps, assigned to the U.S. Army Corps of Engineers, Chief Counsel’s Honors program. After eight years at the Corps, she moved to the U.S. Government Accountability Office, where she served as Deputy Assistant General Counsel to the Defense Capabilities and Management team, providing legal counsel on numerous DOD procurement program audits requested by the House and Senate Armed Services Committees. In 2008, she was invited to serve an adjunct to the Public Contract Law Journal and found her true calling. Since joining the full-time legal writing faculty as associate director for upper level writing in 2009, Prof. Thornton has trained and supported dozens of JD, LLM, and MSGC students as they write and publish in the field of government contracts law. Her own scholarship has resulted from significant study of the pedagogy related to legal professional development. She has been a frequent presenter at legal writing and professional development conferences.
Marcia Madsen
Marcia Madsen is Chair of the Government Contracts practice and Co-Chair of the National Security practice. She represents contractors in regulatory, policy, transactional, litigation, and investigative matters involving virtually every federal department and agency. Her clients include defense contractors, information technology and systems integrators, telecommunications companies, engineering firms, insurers, and manufacturing companies. Marcia's practice includes defense of False Claims Act matters, internal investigations, audits, bid protests, claims and disputes before administrative forums, and in the federal courts (with emphasis on the US Court of Federal Claims and the US Court of Appeals for the Federal Circuit), as well as ADR and mediation proceedings. Areas of concentration include: aerospace and defense, systems integration, information systems and telecommunications, healthcare and bio-technology, homeland security, environmental remediation, and research and development.
Justin Chiarodo
Justin Chiarodo focuses his practice on all aspects of federal, state, and local procurement law. He has spent his entire career helping leading and emerging government contractors successfully navigate high-stakes litigation, compliance, and regulatory matters. Recent engagements include the successful defense of a $6.7 billion award in a major tactical wheeled vehicle procurement, managing the government contracts aspects of a $250 million acquisition of a leading digital services provider, and defeating a $10 million False Claims Act suit based on the public disclosure bar.
Justin’s experience extends to the full range of issues contractors encounter in the public sector marketplace, including bid protests, government investigations, contract claims and disputes, cost accounting and audit matters, regulatory compliance, mergers and acquisitions, suspension and debarment, and the False Claims Act.
Peter B Miller
Peter Miller is a senior counsel in Crowell & Moring’s Privacy & Cybersecurity Group, where he works closely with government contractors and other clients to address federal, state, and international privacy, data security, and risk management issues, including those relating to GDPR. Peter supports a wide variety of client risk management initiatives, including those relating to governance, privacy program revision or implementation, data flow, incident preparation and response, vendor management, audit and accountability, and training.
Before joining Crowell & Moring, Peter held a variety of government positions during his 17 years with the Department of Justice and the Federal Trade Commission. In his last three years with the FTC, Peter served as the Chief Privacy Officer and Senior Agency Official for Privacy, participated in FTC procurement activities, and was responsible for the FTC’s compliance with federal privacy requirements, including those imposed by FISMA, the Privacy Act, and the E-Government Act, as well as OMB and NIST guidance. Peter holds multiple privacy certifications from the International Association of Privacy Professionals, is co-chair of the ABA Section of Science & Technology Law’s E-Privacy Committee, and is a member of The Sedona Conference’s Working Group 11 (Data Security and Privacy Liability) and one of the senior co-editors of its Data Privacy Primer.