Jeff Belkin, Andy Howard, Mike Mortorano, Jeniffer Roberts, Jessica Sharron, Jeremy Silverman, and Katherine Veeder from our Government Contracts team host this event discussing the latest developments and industry updates for a complimentary half-day CLE program.
12:30-1:00 p.m. Registration
1:00-5:30 p.m. Program
5:30 p.m. Reception
This session will focus on mergers and acquisitions involving government contractors, including some of the unique legal and business considerations presented by these transactions. Jean Stack will provide a brief overview of recent transaction activity and market trends in federal sector M&A. A panel discussion will follow, focusing on key issues and current hot topics relevant to deals involving government contractors. Topics will include:
- Best practices for evaluating legal compliance issues during the due diligence process (and how to address these matters in the post-deal integration process).
- Treatment of small business and other set-aside contracts in the context of M&A deals.
- Special considerations when transactions involve buyers subject to foreign ownership, control, or influence.
This session will provide an update on new government contracting rules and regulations related to regulatory compliance. In addition, we will discuss the key metrics associated with effective, sustainable, and scalable ethics and compliance programs and how best to design a compliance program that meets the needs of your organization no matter how big or small it is. This will be an interactive session with a variety of compliance scenarios being posed to participants, focused on the latest regulatory compliance developments and how companies can best achieve compliance.
This session will explore:
- What are the key differences between government contracts claims and typical commercial claims litigation?
- Mandatory pre-litigation administrative remedies
- Dedicated tribunals; pros & cons of each
- Mandatory continuing contract performance during disputes
- What are some common pitfalls impairing government contracts claims and how can they be neutralized?
- Apparent vs. actual authority; evaluate warrant authority for all major contract actions
- Patent vs. latent defects: can contractors demonstrate actual pre-bid reliance on proffered interpretation?
- The dilemma of the cumulative impact claim
- ADR: when to use it and strategies
- REAs vs. CDA certified claims
This session will present ethical situations relating to:
- Whether the mandatory disclosure provisions in the FAR cross into crime-fraud territory.
- Conflicts of interest in the world of procurement protests:
- Legal versus business conflicts
- Multiple-award procurements and joint venture representations
- Litigation finance, qui tams, and the attorney-client privilege.
For questions please contact Trey Flythe at trey.flythe@Alston.com.
CLE credit is pending in Virginia for general and ethics. Additional states may be available upon request.