News & Events

Five RJO Attorneys Named "Super Lawyers" for 2014

Rogers Joseph O'Donnell is proud to announce that five of its attorneys have been included among Super Lawyers magazine's top attorneys for 2014 in Northern California. Merri Baldwin, Robert Goodman, John Heller, Roland Nikles, and Neil O'Donnell were named to the 2014 Super Lawyers' list for the Northern California Region. Ms. Baldwin was recognized for her work in Professional Liability: Defense. Mr. Goodman was honored as a top Environmental Litigation lawyer. Mr. Heller was recognized as being among the top lawyers in Business Litigation. Mr. Nikles was honored for his Construction Litigation work. Finally, Mr. O’Donnell was again recognized as a top lawyer in Government Contracts. Super Lawyers names top lawyers in Northern California, chosen by their peers and through the independent research of Law & Politics. Super Lawyers selects the top 5 percent of Northern California attorneys in more than 60 practice areas. The list of Northern California Super Lawyers is published annually in the August issue of San Francisco Magazine and Northern California Super Lawyers.

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RJO Attorneys Contribute Government Contracts Article to the American University Law Review

As part of the American University Law Review’s recently published annual volume that examines the most important decisions of the U.S. Court of Appeals for the Federal Circuit, RJO attorneys Dennis Callahan, Jeffrey Chiow, Lauren Kramer, and Oliya Zamaray co-authored an article that analyzes the Federal Circuit’s precedential government contracts decisions from 2013. 

Except in the rare instances where the U.S. Supreme Court agrees to hear a further appeal, the Federal Circuit has the final word on questions of law that arise in government contracts cases. The RJO attorneys’ article examines the Federal Circuit’s recent jurisprudence in bid protests, contractor claims, and in jurisdictional questions concerning government contracts disputes and other related appeals. In addition to recapping the 2013 developments in the Federal Circuit, the piece explains how government contractors can best frame their disputes to take advantage of these precedents, or to avoid them, as the case may be.

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Aaron Silberman Quoted on Statute of Limitations Decision in Lance Armstrong Federal False Claims Act Case

RJO government contracts attorney Aaron Silberman was quoted extensively in the Federal Contracts Report (FCR) for June 24, 2014 (Vol. 101, No. 23, pp. 630-631), reporting on a significant federal False Claims Act (FCA) decision in an article titled “False Claims Act: District Court Permits Claims That Armstrong, Others Violated the FCA" (PDF). In the article, Mr. Silberman comments on the significance of U.S. ex rel. Landis v. Tailwind Sports Corp. on statute of limitations issues, specifically the difficult standard a defendant faces in seeking on a motion to dismiss government claims on the basis that the responsible U.S. official should have known of the alleged fraud more than three years prior to the original filing of the lawsuit. The decision is also significant in two other respects. First, it departs from the same court’s prior decision in U.S. ex rel. Pogue v. Diabetes Treatment Centers of America that qui tam relators may rely on the tolling provision in the FCA statute of limitations (the minority view). And, second, it is the first reported decision to disagree with the Fourth Circuit decision in 2013 in U.S. ex rel. Carter v. Halliburton Co. that the Wartime Suspensions Limitations Act (WSLA), suspended the FCA’s statute of limitations for both relator and government FCA claims arising during the U.S. conflicts in Iraq and Afghanistan. Mr. Silberman commented in an earlier FCR article on the Carter v. Halliburton decision as well (PDF).

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Government Contracts Group Recognized Again by Chambers

For the tenth consecutive year, Chambers USA has recognized Rogers Joseph O'Donnell as one of the premier government contracts law firms in the United States. RJO is proud to be the only boutique-sized firm to be ranked among the country's nine best government contracts firms. Chambers describes our firm as having “a strong and highly respected government contracts practice” noting particularly “expertise in bid protests and sensitive, internal investigations.” It quotes sources as recognizing the firm’s “incredibly thorough work” and “significant depth of experience” in both federal and state matters. Founding shareholder Neil O'Donnell is ranked by Chambers as one of only nine top (“Band 1”) government contracts attorneys in the nation. Chambers states that clients recognized Mr. O'Donnell as “a terrific lawyer” whose “practical advice [is held] in high regard” and have singled him out as a “tremendous advocate.” Bob Metzger, who heads our Washington office, is also ranked as a “notable practitioner.” He is praised for his breadth of “expertise in international, federal, state and local government contracting.” Clients rely on his “depth of knowledge” and effective contacts, as well as his credentials in “supply chain risk management and counterfeit parts avoidance.” To view the Chambers USA rankings for Rogers Joseph O'Donnell, visit the Chambers USA Website.

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RJO Gets $1M+ Claim Dismissed

RJO attorneys John Heller and Lauren Kramer filed a successful motion to dismiss a $1M+ contract claim on behalf of a new RJO client. Ms. Kramer argued the motion before the Northern District of California, which issued an opinion dismissing the claim for lack of personal jurisdiction in California. The written opinion adopted much of the reasoning advanced by RJO in its briefs and at oral argument.

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Neil O’Donnell and Aaron Silberman Recognized in Who’s Who Legal 2014

Who’s Who Legal, as a result of its research with clients and peers, has recognized Neil O'Donnell and Aaron Silberman among the leading individuals worldwide in 2014 within the practice areas of Public Procurement and Construction, respectively. More info at www.WhosWhoLegal.com.

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Robert Metzger Interviewed about New Defense Department Rules on Detection and Avoidance of Counterfeit Parts

Bob Metzger was interviewed on May 13, 2014 for nearly an hour on a VoiceAmerica Internet Radio site, “People to People: Working Together for Your Safety,” on the subject of the new Defense Department rules on detection and avoidance of counterfeit parts. Bob discussed how these rules would operate, key areas of uncertainty and implementation challenge, and how they might affect the broader technology supply chain. Bob’s interview.

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Jeffery Chiow and Lucas Hanback Named Rising Stars

The 2014 Washington DC Super Lawyers Magazine has identified Jeff Chiow and Lucas Hanback as “Rising Stars” in the field of Government Contracts. Jeff and Lucas were aviation and artillery officers, respectively, in the United States Marine Corps and both graduated from The George Washington University Law School. RJO established its Washington office in 2011 with a focus on government contracts, leveraging the firm’s 30+-year reputation for excellence in the field.

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RJO Attorneys Contribute to New ABA Construction Subcontracting Book

RJO attorneys made significant contributions to Construction Subcontracting: A Comprehensive Practical and Legal Guide, a book just released by the American Bar Association (ABA) Forum on the Construction Industry. Aaron P. Silberman was the lead editor for the book. Mr. Silberman co-authored Chapter 5, “Mechanic’s Liens and Other Remedies," with the assistance of Tyson Arbuthnot. Mr. Silberman and Mark J. Linderman co-authored Chapter 9, “Terminations,” with the assistance of Walter S. Chen. And Mr. Silberman and Robert M. Osier co-authored Chapter 17, “Public Projects (Federal, State, and Local),” with the assistance of Syreeta Tyrell. RJO is extremely proud of this publication, which has been endorsed by counsel for the American Subcontractors Association and for the Associated General Contractors of America. For further information, visit the ABA Webstore.

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RJO Defeats Incumbent Bid Protest at Acadia National Park

RJO Attorneys Neil O'Donnell, Lauren Kramer and Jeffery Chiow successfully defeated a pre-award bid protest of a 10-year National Park Service concession contract at Acadia National Park. RJO represented Dawnland, LLC, a subsidiary of Ortega National Parks, LLC which holds several other NPS concession contracts around the country. Plaintiff, the incumbent contractor which had performed the work since 1932, argued that the award was arbitrary and capricious because the final contract allegedly failed to include many critical elements of the awardee Dawnland's proposal and because aspects of the evaluation were flawed. Plaintiff sought injunctive and declaratory relief.

Rejecting plaintiff’s arguments, the court held that concession contracts are not procurements, so plaintiff’s potential recovery was limited to bid preparation and proposal costs. The court also found that the final contract fairly reflected Dawnland’s proposal and that, in any case, the Park Service is not required to include every advantageous feature of an awardee’s proposal in the final concession contract but instead has broad discretion in choosing the appropriate terms to add. Finally, the court held that minor evaluation errors had no prejudicial impact, and so the award to Dawnland was valid.

This decision paves the way for Dawnland to begin its operations at Acadia National Park for the 2014 season. The full opinion is available here.

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RJO Welcomes Lucas T. Hanback

Lucas Hanback has joined the firm as an associate in the Government Contracts practice group in the D.C. office. After graduating from Virginia Tech, he served with distinction in the U.S. Marine Corps. Completing his active duty as a Captain, Lucas was deployed as an Artillery Officer in combat operations in Iraq. He subsequently joined the consulting firm Booz Allen Hamilton where he worked on a variety of defense-related projects as a Senior Consultant. Lucas graduated with honors from The George Washington University Law School in 2011. He was a member of the Public Contract Law Journal and was on the winning team of the 2010 Government Contracts Moot Court Competition. He began his legal career with Blank Rome LLP. Lucas has extensive experience litigating before the Government Accountability Office, the Boards of Contract Appeals, and the Court of Federal Claims. He represents companies before state and federal courts, in administrative proceedings, and in Inspector General investigations and audits, and provides counsel to companies specializing in health care technology, shipping, energy, document management, information technology, and clients providing professional services to the U.S. and state governments. RJO opened its D.C. office just over two years ago. With Lucas on board, the office grows to four attorneys, all focused on government contracts. Including the D.C. team, RJO now has fifteen lawyers in its nationally ranked government contracts practice.

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RJO Clients Win Federal Circuit Reversal in HUD Protest

In a precedential opinion with important implications for how the federal government purchases services, RJO attorneys Neil O'Donnell, Dennis Callahan and Jeffery Chiow helped three clients secure a complete victory in the U.S. Court of Appeals for the Federal Circuit. The unanimous opinion by Chief Judge Rader held that the Department of Housing and Urban Development must use procurement contracts, which are subject to the Competition in Contracting Act and the Federal Acquisition Regulations, to obtain contract administration services in support of the Agency’s Section 8 project-based housing assistance program. The ruling reversed a 2013 Court of Federal Claims decision holding that HUD properly could solicit “cooperative agreements” for this work, which grant-type agreements are not subject to the restrictions imposed by CICA and the FAR.

The Federal Circuit’s opinion relied heavily on arguments RJO developed two years ago in its protest to the Government Accountability Office, which the GAO sustained.  (HUD disregarded GAO’s recommendation that HUD cancel the solicitation for cooperative agreements and re-solicit the work. HUD’s disregard of the GAO recommendation caused RJO and other protesters’ counsel to file protests in the COFC.)

The Federal Circuit decision will require HUD to hold a “full and open” competition (or to justify any restrictions on competition) for the $260 million in annual contract administration services contracts subject to the decision. More broadly, the decision governs the scrutiny that the GAO and the COFC are to apply in bid protests that challenge a federal agency’s solicitation of grant-type agreements, when procurement contracts should be used. RJO’s clients in this case are Assisted Housing Services Corporation, California Affordable Housing Initiatives, Inc., and North Tampa Housing Development Corporation.

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RJO Lawyer Provides Pro Bono Housing Services

RJO associate Kevin Shipp has begun providing pro bono legal services to low-income tenants and landlords. Through the Bar Association of San Francisco’s Justice and Diversity Center, Mr. Shipp represents tenants facing eviction through the Housing Negotiation Project. Mr. Shipp also provides assistance to landlords through the Low-Income Landlord Eviction Assistance Clinic at the Alameda County Superior Court in Oakland, California. The clinic is operated by The Volunteer Legal Service Corporation (VLSC) which is the pro bono arm of the Alameda County Bar Association.

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Jeffery Chiow Argues Before Federal Circuit

Jeff Chiow argued before a three-judge panel of the Federal Circuit, representing a former Naval Officer, in a case that may have a significant impact on claims by military servicemembers. The Federal Circuit panel, chaired by Chief Judge Rader, is considering a jurisdictional question of first impression – whether an injured servicemember who is placed on the Temporary Disability Retired List (“TDRL”) is entitled to an extension of the statute of limitations for claims during his or her service on the TDRL, pursuant to the Servicemembers Civil Relief Act (“the Act”). Mr. Chiow succeeded in convincing the Court of Federal Claims in a 2011 decision that the limitations period for his client’s claims was extended by operation of the Act while she was on the TDRL. (Opinion).

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RJO Attorneys Successfully Defeat Plaintiffs’ Second Attempt at Conditional Certification in an FLSA Matter

Shareholder Gayle Athanacio and associate Sharon Rossi successfully defeated a renewed motion for conditional certification in a Fair Labor Standards Act case in federal district court in Georgia. In that action, RJO represents a medical products corporation, which is being sued by several former employees for wage and hour violations. This was Plaintiffs’ second attempt for conditional certification. (RJO initially defeated conditional certification in November 2012). At the same time that RJO defeated the renewed motion for class certification, they also successfully moved to strike the claims of four potential new plaintiffs. James “Jay” Rollins of Schwartz Rollins LLC assisted as local counsel. For more information about RJO’s Employment Practice Group Click here.

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Robert Metzger Submits Written Testimony to The DOD

Bob Metzger submitted written testimony on March 27 to the public meeting held by the Defense Department on how to qualify “trusted suppliers” of microelectronic part. This is part of DoD’s ongoing rule-making to implement laws that require industry to avoid counterfeit parts. The Bloomberg BNA’s Federal Contracts Reports story on the public meeting featured Bob’s observations (PDF). He emphasized the importance of actions that rely upon individual contractors to decide upon suppliers and test and inspection measures to improve assurance of authenticity.

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Aaron Silberman Quoted in Article on New Federal False Claims Act Decision

RJO government contracts attorney Aaron Silberman was quoted extensively in the Federal Contracts Report for March 18, 2014, reporting on a significant federal False Claims Act (FCA) decision in an article titled “Fourth Circuit Reinstates Portion of FCA Claims After ‘Arm-of-the-State’ Analysis” (PDF). In the article, Mr. Silberman comments on the significance of U.S. ex rel. Oberg v. Pa. Higher Educ. Assistance Agency to the many state-created corporations that rely on federal government dollars.

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RJO Participates in Food From the Bar

RJO will join other law firms in participating in the Bar Association of San Francisco’s Food From the Bar program again this year. Participating firms collect cash donations and food for the Food Bank of San Francisco and Marin. Last year, San Francisco firms and legal departments raised $600,760, collected 6721 pounds of food, and donated 902 volunteer shifts to the food bank.

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Aaron Silberman Re-elected as Chair of Bay Area District of the Associated General Contractors of California

Aaron Silberman has been re-elected to serve a second term as Chair of AGC California’s San Francisco Bay Area District. AGC of California represents nearly 600 Contractor and Specialty Contractor members. AGC California is one of the largest chapters of AGC of America, which represents more than 33,000 leading firms in the industry - including general contractors, specialty contractors and services providers and suppliers. AGC California’s Bay Area District is one of the largest of AGCC’s 13 districts, covering the Counties of San Francisco, San Mateo, Alameda, Contra Costa and part of Solano. Cal. Constructor article.

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John Heller Elected as Secretary of the San Francisco Bar Association Litigation Section

John Heller has been elected Secretary of the San Francisco Bar Association Litigation Section, and will begin serving in this capacity effective January 1, 2014. The Litigation Section is responsible for educating Bar Association members regarding current litigation developments, serving as a liaison between members of the local bar and the local state and federal bench, and providing comments regarding proposed changes in statutes and regulations affecting litigators.

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Jeff Chiow Contributes to ABA Comments on Human Trafficking Regulations

Jeff Chiow, along with other private bar as well as in-house and government attorneys, contributed to the ABA Public Contract Law Section’s Comments on proposed new Human Trafficking Regulations targeted at government contractors and with implications for all companies supporting the U.S. government. ABA Comments.

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Merri Baldwin Nominated to Serve as Secretary of Bar Association of San Francisco for 2013-14

RJO shareholder Merri A. Baldwin has been nominated to serve as the secretary to the Bar Association of San Francisco (BASF) for 2013-2014. BASF is a national leader among voluntary bar organizations, offering extensive legal services and diversity programs as well as professional development opportunities. Ms. Baldwin served on BASF’s Board of Directors from 2010-2012, and on the board of the BASF Foundation from 2008 to 2010.

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Bob Metzger Speaks on Radio re Counterfeit Parts, Cybersecurity and Supply Chain Threats

On October 29, Robert S. Metzger was a a guest on the VoiceAmerica Internet radio show, "People to People: Working Together for Your Safety," hosted by Stan Salot. His topic was detection and avoidance of counterfeit parts and the "convergence" of cybersecurity and supply chain threats. Bob is a recognized expert in supply chain security and is a Vice-Chair of the Tech America Supply Chain Subcommittee. The podcast is available at http://www.voiceamerica.com/episode/73788/cheap-plastics-and-counterfeits.

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RJO Preserves $95M Satellite Communications Award

RJO client DRS Technical Services, Inc. unseated the incumbent provider and won a contract to provide satellite communications services to the Defense Information Systems Agency (DISA). The $95 million award was the subject of a bid protest at the Government Accountability Office (GAO). The protest alleged, among other things, Organizational Conflicts of Interest (OCIs), unequal evaluation of offers, failure to document the Agency’s decision, and other errors by the source selection official. RJO attorneys intervened on DRS’s behalf, filing legal briefs and putting on live testimony in a two-day hearing in support of the government’s decision to award the contract to DRS. In a written decision, GAO denied the protest clearing the way for DRS to begin managing satellite communication services for DISA and its customers around the world. Neil O'Donnell led the effort supported by Walter Chen, Lauren Kramer, Jeff Chiow and Oliya Zamaray.

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RJO Attorneys Help Client Prevail as Ninth Circuit Reverses District Court, Confirming That Parolee Imprisoned for Objecting to Religious Treatment Was Entitled to Compensatory Damages

The Ninth Circuit Court of Appeals has held that atheist Barry Hazle was entitled to a new trial where a jury had failed to award him any damages, despite a prior ruling that he had been unconstitutionally imprisoned for objecting to a religious treatment program imposed as a condition of parole. Shareholder John G. Heller and associate Suhani Kamdar represented Hazle in the appeal. A unanimous panel, in an opinion authored by Judge Stephen Reinhardt, reversed judgment by the district court, confirming that Hazle was entitled to mandatory compensatory damages as a result of the fact that he had been imprisoned for 100 days for opposing forced participation in a 12-step drug treatment program that relied on reference to a “higher power,” imposed as a condition of parole. The Ninth Circuit also reversed the district court’s grant of summary judgment to Westcare, the private entity that contracts with the State of California to provide parole treatment facilities, and which had contracted solely with 12-step programs. Finally, the Ninth Circuit also reversed the judgment of the district court rejecting Hazle’s effort to obtain an injunction that directed state officials to ensure that its network or treatment programs did not require parolees to participate in religious treatment against their beliefs, and in violation of the Establishment Clause of the United States Constitution. Link to Opinion.

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U.S. News – Best Lawyers Ranks Neil O'Donnell as One of the "Best Lawyers in America" Administrative/Regulatory Law

In the 25th edition of the U.S. News & World Report’s Best Lawyers, RJO shareholder Neil O'Donnell was named by his peers as one of nation’s top attorneys for 2014 in the Administrative/Regulatory Law practice area, which includes Government Contracts. Mr. O’Donnell has been ranked in Best Lawyers since 2008. RJO was ranked in Best Lawyers’ 2013 “Best Law Firms” rankings as a Tier 1 San Francisco firm in the specialty of Administrative/Regulatory Law. The Best Lawyers 2014 law firm rankings will be released in November 2013. For more information, please visit bestlawyers.com.

The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and review of additional information provided by law firms as part of the formal submission process. To be eligible for a ranking, a law firm must have at least one lawyer who is included in Best Lawyers as part of the annual peer review assessment.

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Three Protest Wins with over $4 Billion at Issue

RJO attorneys have recently achieved bid protest victories for a major federal contractor in three different matters before three different bodies with over $4B at stake. First, the Court of Federal Claims issued an opinion denying a competitor’s challenge to a $1 billion multiple-award IDIQ contract for cloud services. RJO intervened and helped the Department of Justice to defend the procurement. Second, in a protest before GAO, after surviving two motions to dismiss, RJO convinced TSA to award its client a Federal Supply Schedule Basic Purchasing Agreement making it eligible for $900 million worth of application support and information service task orders. Third, RJO filed a successful pre-award agency protest of a multi-billion dollar Department of Defense (DoD) procurement. Neil O'Donnell and Jeff Chiow participated in all three matters with Walter Chen and Oliya Zamaray assisting on the GAO and DoD protests, respectively.

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RJO Attorneys Appointed to Leadership Positions in the ABA Sections of Public Contract Law, International Law and Litigation for 2013-2014

Six RJO attorneys have been recognized by the American Bar Association and have been appointed to serve in leadership positions in two sections of the ABA for the 2013-2014 bar year, commencing at the ABA Annual Meeting in August 2013. In the Public Contract Law Section, Dennis Callahan has been appointed vice-chair of the Section’s Bid Protest Committee. Patricia Meagher will continue to serve as Section Liaison to the ABA Commission on Women in the Profession and serves as an honorary member of the Section Council (as a past Section Chair) and a Fellow. Robert Metzger will serve as vice chair of the Section’s State and Local Model Procurement Code Committee. Aaron Silberman has been appointed to co-chair the State & Local Procurement Division; he will also continue to serve as co-chair of the Section’s Federal Procurement Division and vice-chair of the Construction Division and several other committees. Jeffery Chiow will serve as vice-chair of the Section’s Acquisition Reform & Emerging Issues Committee and its Battle Space and Contingency Procurements Committee. Oliya Zamaray has been appointed co-chair of the Section’s Young Lawyers Committee and vice-chair of its Contract Claims and Disputes Resolution Committee, and she also serves as an active member of the Strategic Planning Committee. In the ABA Section of International Law, Mr. Metzger also has accepted three appointments for leadership positions for 2013-14: Vice-Chair, International Procurement Committee; Steering Group, India Committee; and Steering Group, Aerospace & Defense Industries Committee. In the ABA Section of Litigation, Merri A. Baldwin will continue as co-chair of the Attorney Liability Subcommittee of the Section’s Professional Liability Litigation Committee.

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Robert Metzger Contributes to Industry and Bar Comments on New Department of Defense Proposed Rule on Counterfeit Electronic Parts

The Department of Defense on May 16, 2013 published its long-awaited Proposed Rule on detection and avoidance of counterfeit electronic parts. The rulemaking, DFARS Case 2012-D055, is required to implement Section 818 of the 2012 National Defense Authorization Act, which imposed many new duties on both the Pentagon and its contractors. Bob Metzger, who is a Vice-Chair of TechAmerica’s Supply Chain Subcommittee, and an active member of the Counterfeit Parts Task Force of the ABA’s Public Contracts Law Section, is a recognized national expert on supply chain security. He assisted both TechAmerica and the ABA in the preparation of their Comments to this important Proposed Rule, and filed individual Comments, included here, that have been accepted into the official record of the rule-making.

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Alan Wilhelmy Appointed as Public Works Contract Arbitrator

Alan Wilhelmy has been accepted to the Public Works Contract Arbitration Program as an arbitrator. As a member of the PWCA panel he will serve as an arbitrator in construction disputes throughout California.

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Corps of Engineers Issues Notice to Proceed to RJO Client PCCP Constructors, J.V.

Concluding over two years of disputes that involved two published bid protest decisions, on May 6, 2013 the U.S. Army Corps of Engineers issued a notice to proceed to PCCP Constructors, J.V. with respect to a major procurement for the design and construction of pump station facilities for three outfall canals in the City of New Orleans. In April 2011, Rogers Joseph O’Donnell brought a Government Accountability Office bid protest on behalf of PCCP Constructors, challenging the Corps’ noticed award to CBY Design Builders on various technical and conflict-of-interest grounds. Following a weeklong hearing in June 2011, on August 4, 2011, the GAO sustained PCCP Constructors’ protest and recommended that the Agency rescind the award and amend the solicitation in particular ways. PCCP Constructors, JV; Bechtel Infrastructure Corp., B-405036 et al., 2011 CPD ¶156.

Upon the Corps’ announcement that it would adopt GAO’s recommendations, CBY Design Builders filed suit in the Court of Federal Claims contending that the Agency’s decision to follow GAO’s recommendations was arbitrary and capricious. PCCP Constructors, again represented by RJO, prevailed in that case as well. After extensive briefing and oral argument the Court determined that GAO’s recommendations were rational, and thus the Corps’ decision to adopt GAO’s recommendations was rational as well. CBY Design Builders v. United States, 105 Fed. Cl. 303 (May 11, 2012).

The Corps then received revised proposals from the competing firms, and in September 2012 announced award to PCCP Constructors. In response to bid protests in the GAO, the Corps took voluntary corrective action and suspended the noticed award to PCCP Constructors. The corrective action involved discussions with the offerors and the submission of Final Proposal Revisions. Following those actions, in April 2013 the Corps affirmed its award to PCCP Constructors. When the period for filing a GAO bid protest elapsed, the Corps issued the notice to proceed, and PCCP Constructors has begun the detailed design phase of contract performance.

RJO attorneys Neil O'Donnell, Patricia Meagher, Dennis Callahan and Jeffery Chiow represented PCCP Constructors in all of the bid protest proceedings.

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RJO Attorneys Win Anti-SLAPP Motion for Employer Sued by Former Employee for Attempting to Protect Its Client List

Dennis C. Huie and Walter S. Chen won an anti-SLAPP motion filed on behalf of an employer who was sued by a former employee based, in part, on claims stemming from the employer’s attempts to protect its client list after the employee was laid off. The employer retained counsel to send out cease and desist letters after learning that the former employee was using its client list for other companies. The employee brought suit for intentional interference with prospective economic advantage and under Labor Code Section 1050 and Section 17200 of the Business and Professions Code claiming fraud and misrepresentation. The Court granted the employer’s anti-SLAPP motion, finding that the employer’s conduct was protected by its constitutional right to petition and further finding that Plaintiff was not likely to prevail on the merits of his claim. Mr. Huie and Mr. Chen recovered attorney’s fees and costs after the anti-SLAPP motion was granted.

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John Heller Wins Siskiyou County Jury Trial for Victim of Sheriff’s Deputies’ Unconstitutional Use of Excessive Force

A Yreka jury has found that Siskiyou County deputies violated the constitutional rights of Dunsmuir resident Michael Clapp. 

Mr. Clapp argued that Sheriff’s deputies used excessive force, in violation of his Fourth Amendment rights, when they apprehended him while he was walking home in Dunsmuir, California. Concerned about ongoing harassment by deputies, Mr. Clapp had been carrying a portable tape recorder at the time of the encounter. He offered evidence at trial that defendants had erased the tape after taking it into evidence, thereby tampering with important evidence.

In a two week trial, jurors found in favor of Mr. Clapp on his excessive force claim against two deputies, and they found one liable for punitive damages.

RJO attorney John G. Heller represented the plaintiff at trial.

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UPCOMING CONFERENCES
AND SEMINARS


Recent Publications

State and Local: How Public Agencies May (or May Not) Terminate Contracts, The Procurement Lawyer, Vol. 49, No. 4, Summer 2014, by A. Silberman (PDF)

Supply Chain Security: Initiatives to Defend Against the Threats of Counterfeit Parts, IPC APEX Expo 2014, March 26, 2014, by R. Metzger, Video interview featuring Mark Northrup of IEC Electronics

An Ounce of Prevention: Managing Disqualification Risks through Advance Conflict Waivers, IP Litigator, March/April 2014, by M. Baldwin (PDF)

Hoping for Summary Judgment on California False Claims? Au Contreras, AGC California Legal Brief, Mar. 2014, by A. Silberman and D. Callahan (PDF)

Convergence of Counterfeit and Cyber Threats: Understanding New Rules on Supply Chain Risk, Bloomberg BNA Federal Contracts Report, 101 FCR, Feb. 18, 2014, by R. Metzger (PDF)

Privacy vs. Security -- A zero sum game? Jan. 2014, by J. Chiow (PDF)

Challenges Facing Civil Aviation in India, Indian Defence Review, Vol. 28:4, Oct.-Dec. 2013, by R. Metzger

GSA Multiple Award Schedule Contracting: Lessons From 2013, Law360, Dec. 18, 2013, by R. Metzger, J. Chiow and O. Zamaray (PDF)

Lawyers Representing Startups: Managing Ethical Obligations and Risks, California Bar Journal,
Dec., 2013, by M. Baldwin

New DOD Cybersecurity Program Expected To Significantly Affect IT Contractors, Bloomberg BNA Federal Contracts Report, 100 FCR 472, in which Bob Metzger is quoted on supply chain rules, Nov. 19, 2013 (PDF)

Advanced regional turboprop aircraft: Solutions to India's aviation infrastructure restraints, The Economic Times, Nov. 10, 2013, by R. Metzger

The Many Challenges Facing Civil Aviation in India, India Law News, ABA Section of International Law, Vol. 4, Issue 3, Fall 2013 (PDF) by R. Metzger

The Risks of Hiding Accounts and Assets in Korea Are Going Up (in 5 parts), Korea Daily, Sept. 23-27, 2013 (in Original Korean: (PDF); (in English Translation: (PDF) by D. Paik

Offsets Loom Large As Defense Firms Sell More Abroad, Law 360, Sept. 30, 2013 (PDF) by R. Metzger

"Do defence PSU's make better joint venture partners for foreign companies?" Feature article, The Economic Times (India), in which Bob Metzger quoted extensively on challenges in forming successful joint ventures with state-owned and private sector companies in India, July 7, 2013

DoD's public meeting - discussion of the proposed DFAR rule on detection and avoidance of counterfeit electronic parts. Robert Metzger's prepared statement is posted on the DoD Defense Procurement Acquisition Policy web site, June 28, 2013

"New DOD Counterfeit Prevention Policy: Resolves Responsibilities Within DOD But Leaves Many Contractor Questions Unresolved," Federal Contracts Report, a publication of Bloomberg BNA, May 15, 2013 (PDF) by R. Metzger

"India's Defense Procurement: Responses to the New Scandal, India and the United States: The Evolving Legal Landscape," April 27, 2013 (PDF) by R. Metzger

"The Importance of Competitive Negotiations to State Information Technology Procurement," The Procurement Lawyer, Section of Public Contract Law, ABA, Vol. 48, No. 3 - Spring 2013 (PDF) by R. Metzger and L. Kramer

"Discoverability of Witness Interviews: To What Extent Do the Work Product Doctrine and/or the Attorney-Client Privilege Apply," California Bar Journal, State Bar of California, February 2013, by M. Baldwin