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Allan Joseph, a founder of our firm and a beloved figure in the San Francisco and national bar, died early the morning of Tuesday May 7, 2013. His vision, that it was possible to practice the highest quality law in a firm that valued each individual in it, has been our touchstone throughout our 32 years. His career was distinguished in every way - in legal achievements, in contributions to his community and in service to the bar. But for his colleagues his greatest hallmarks were the respect and decency with which he treated everyone he dealt with and the good humor and enthusiasm he brought to every task. Working with Allan Joseph was always fun and rewarding. We mourn his loss. Tribute
A Memorial Service will be held at 1 p.m., Sunday, May 19, 2013 at Congregation Sherith Israel, 2266 California Street in San Francisco.
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On March 26, 2013, Aaron P. Silberman was quoted in a Federal Contracts Report article entitled "Fourth Circuit Reinstates FCA Claims Alleging Fraudulent Billing of Military in Iraq." The article discusses the Circuit Court's decision in U.S. ex rel. Carter v. Halliburton Co. holding that a qui tam case brought under the federal civil False Claims Act was not time-barred by the FCA’s six-year statute of limitations because the limitations period was tolled by the Wartime Suspension of Limitations Act (WSLA). Mr. Silberman told BNA that Congress amended the WSLA in 2008 to cover not only when the country is “at war” but also when “Congress has enacted a specific authorization for the use of the Armed Forces.” However, the court sidestepped the issue of whether the amended WSLA applied retroactively to Carter's claims. “If the court had given the language added to WSLA by the 2008 amendment its plain meaning,” Silberman said, “then it would also have had to decide whether the amendment applied retroactively, because the statute of limitations for Carter's claims would have been tolled, and thus his claims not time-barred, only under the post-2008 version of WSLA. This issue remains unresolved.” Complete Article here.
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Virginia Young has joined the firm as an associate in the Government Contracts and Labor and Employment practice groups. Ms. Young has broad experience representing employers before governmental agencies and in state and federal courts. She counsels clients on a wide variety of employment matters including wage and hour issues, affirmative action, family and medical leaves, and harassment. She obtained her law degree from Hastings College of the Law in 1994 and a B.A. in Economics from the University of Pennsylvania in 1991.
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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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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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On March 15, 2013, the United States Court of Appeals for the Ninth Circuit affirmed the dismissal of an environmental cleanup lawsuit brought against RJO’s client and several other parties. The lawsuit was brought by an insurance company, whose policyholder allegedly spent money to clean up a property in Palo Alto, California. The insurance company alleged that it had reimbursed its policyholder for $2.4 million of those costs, and it then sued a number of companies which it claimed had caused the contamination. After giving the insurance company three attempts to amend its complaint, the United States District Court for the Northern District of California found that it had no viable claims and entered judgment in favor of RJO’s client and the other defendants.
At issue in the appeal was whether the plaintiff insurance company had a viable claim for cost recovery or subrogation under the federal Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). The Court of Appeals held that the insurer could not seek CERCLA cost recovery because it had not itself incurred any cleanup costs. The Court also held that the insurer could not bring a CERCLA subrogation claim because the statutorily required procedures were not followed. The opinion is the first appellate decision addressing this issue under CERCLA. The Court of Appeals also found that the Plaintiff’s state law claims were barred by the applicable statute of limitations and that California does not recognize claims for “continuous” negligence per se or “continuous” strict liability, even when there is an allegation of continuing property damage.
A copy of the Court of Appeals' decision can be found here.
RJO attorneys Robert C. Goodman and D. Kevin Shipp represented RJO's client in this matter.
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Aaron Silberman has been selected by the Volunteer Legal Services Program (VLSP) of the Bar Association of San Francisco to receive an Outstanding Volunteer in Public Service Certificate for his 2012 volunteer work with its legal services clients. This certificate acknowledges the Program’s appreciation of Mr. Silberman’s dedication to providing assistance to underserved, diverse and low-income clients through the VLSP. More than 1,800 attorneys, other professionals, and students volunteered for VLSP projects last year. The Program awards certificates to recognize and thank the top 15% of those volunteers for their extraordinary contributions to the VLSP. Since 2004, Mr. Silberman has volunteered to serve as special mediation counsel for in pro per plaintiffs in cases before the Northern District of California. Mr. Silberman will be presented his certificate at the VLSP’s annual Outstanding Volunteer Appreciation Party on April 15, 2013.
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Bob Metzger of RJO’s Washington office, a recognized expert in international defense transactions, was quoted in two recent Policy and Regulatory Reports (PaRR), published by The Financial Times. The first Report dated February 13, 2013, examines how India will respond to U.S. government initiatives to police against counterfeit electronic parts. Mr. Metzger was a key source relied upon in the report. In the second Report, published on March 5, 2013, Mr. Metzger comments regarding how integrity considerations can deter U.S. companies from investing in India.
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RJO is pleased to announce that Dennis Callahan has been elected a shareholder of the firm.
Mr. Callahan's practice emphasizes government contracts and complex commercial litigation. He has been involved in high-stakes bid protests and contract claims including public works construction, telecommunications and defense procurement. He has extensive experience in litigation, arbitration and mediation of disputes. He joined the firm in 2009 as an associate and was elected shareholder effective January 1, 2013. Mr. Callahan is a 2003 graduate of William and Mary Law School, where he concurrently earned an M.B.A. degree from the Graduate School of Business. He clerked for the Hon. Jackson L. Kiser, United States District Court for the Western District of Virginia, 2003-04 Term and the Hon. D. Brooks Smith, United States Court of Appeals for the Third Circuit, 2004-05 Term.
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RJO represented SRA International, Inc., in a successful GAO protest to the GSA's award of an approximately $475 million information technology task order. The GSA, in response to the protest, determined to take corrective action that includes setting aside the award, asking for new technical proposals, conducting a new evaluation and making a new award decision.
RJO attorneys Robert Metzger, Patricia Meagher and Jeffery Chiow represented SRA.
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On behalf of its client Natus Medical Incorporated, Rogers Joseph O’Donnell successfully defeated an attempt by four Plaintiffs to conditional certify a nation-wide collective action in a Fair Labor Standards Act (FLSA) Wage and Hour case. RJO attorneys Gayle M. Athanacio and Sharon Ongerth Rossi represent Natus in the action venued in the United States District Court for the Northern District of Georgia. James “Jay” Rollins of Schwartz Rollins LLC assisted as local counsel. A copy of the Court’s Order can be found here.
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John Heller has been elected to the Executive Committee of the San Francisco Bar Association Litigation Section, and will begin serving in this capacity effective January 1, 2013. 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 litigator.
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U.S. News & World Report and Best Lawyers have ranked RJO in their 2013 “Best Law Firms” rankings as a Tier 1 San Francisco firm in the specialty of Administrative/Regulatory Law. RJO shareholders Allan Joseph and Neil O'Donnell were named by their peers as two of the San Francisco Bay Area's top attorneys for 2013 in the Administrative/Regulatory Law practice area. Only four lawyers were so honored in that practice area. 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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On behalf of its client DRS Technical Services, Inc., Rogers Joseph O’Donnell protested the lowest priced technically acceptable (LPTA) award of a $19M task order to bring previously deployed military units back up to a combat-ready state. The protest filed by RJO contended that the bases upon which the Army found DRS’s proposal unacceptable were invalid. In response to the protest, the GAO attorney conducted outcome prediction ADR and indicated that the protest would be sustained. As a result, the Army has committed to make a new award decision.
RJO attorneys Neil O'Donnell and Jeffery Chiow represented DRS.
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The American Bar Association Section of Public Contract Law recognized Allan J. Joseph for his years of contribution and service to the Section at its meeting on August 4, 2012 in conjunction with the ABA Annual Meeting in Chicago. The Chair of the Section, the Honorable Carol Park-Conroy of the Armed Services Board of Contract Appeal, presented Allan with a beautiful plaque for his Lifetime Achievements with the Section. Chair Park-Conroy then announced that the Section Service Award which is awarded for exceptional individual effort and accomplishments and extraordinary contributions to the Section of Public Contract Law, will now be known as the Allan J. Joseph Excellence in Leadership Award . Allan then awarded the Service Award to John S. Pachter, Smith Pachter McWhorter PLC. In addition, Chair Park-Conroy presented Allan with an engraved silver champagne bucket, a gift from past Chairs of the Section. For his accomplishments and awards, Allan received a standing ovation from his many friends and colleagues in the Section of Public Contract Law.
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Rogers Joseph O'Donnell is proud to announce that nine of its attorneys have been included among Super Lawyers magazine's top attorneys in California for 2012. Merri Baldwin, Robert Goodman, John Heller, Allan Joseph, Roland Nikles, Neil O'Donnell, Robert Osier, Aaron Silberman, and Paul Zieff were named to the 2012 Super Lawyers' list for the Northern California Region. Super Lawyers names Northern California’s top lawyers, 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, based on surveys of more than 52,000 active lawyers across the northern part of the state. The list of Northern California Super Lawyers is published annually in the August issues of San Francisco Magazine and Northern California Super Lawyers.
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For the eighth 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 firms to be ranked as among the country's nine best government contracts firms. Chambers recognized our government contracts group as having “developed diverse expertise on a foundation of extensive experience,” being “active on bid protest matters at federal, state and local levels,” and providing “a high level of knowledge in areas such as cost disputes, compliance and False Claims Act litigation.” Once again, founding shareholders Allan Joseph and Neil O'Donnell, are also ranked as two of the thirty-two top government contracts attorneys in the nation. Chamber states that clients recognized Mr. Joseph for his "wonderful experience and great wisdom," and it notes that his practice encompasses all aspects of government contracts litigation. Chambers particularly recognized Mr. O'Donnell’s bid protest expertise, including his experience before the Government Accountability Office (GAO). To view the Chambers USA rankings for Rogers Joseph O'Donnell and our attorneys, visit the Chambers USA Website.
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Patricia Meagher has been named as National Partner of the Month for June 2012 by Women Impacting Public Policy (“WIPP”). WIPP is a nonpartisan organization which educates and advocates on behalf of women-owned businesses. Since June of 2001, WIPP has reviewed, provided input, and has taken specific positions on many economic issues and policies which affect its 500,000 members. The issues cover a broad range of current legislation and/or policies such as affordable health care, leveling the playing field for women-owned businesses, opening up federal procurement policies for women-owned businesses and the implementation of well-established federal law which seeks to encourage women in the marketplace. Patricia Meagher served on the WIPP Board of Directors from 2007 – 2010.
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Rogers Joseph O’Donnell successfully represented PCCP Constructors, J.V. in the Court of Federal Claims, allowing the U.S. Army Corps of Engineers to proceed with its proposed corrective action in the Agency’s $700 million procurement for the design and construction of pump station facilities for three outfall canals in the City of New Orleans. On August 4, 2011, the General Accountability Office sustained the protests of PCCP Constructors and Bechtel Infrastructure Corp. against the Corps’ noticed award to CBY Design Builders on various grounds, including organizational conflicts of interest, the technical evaluation of CBY’s proposal, and the role of price in the selection decision. Shortly thereafter, the Corps announced that it would follow GAO’s recommendation by rescinding the award to CBY, amending the solicitation in dozens of particular ways in response to issues raised in the GAO proceedings, and accepting and evaluating revised proposals. CBY then protested the Corps’ decision to implement GAO’s recommendation in the Court of Federal Claims, arguing that because the GAO’s decision was irrational, the Corps’ decision to follow the recommendation was itself irrational.
After extensive briefing and oral argument, on May 11, 2012, the Court issued a 54-page decision in CBY Design Builders v. United States, No. 11-740C. Among its principal holdings, the Court found that the GAO had a rational basis for its determination that the Corps had failed to properly evaluate CBY’s proposal by overlooking any weaknesses or deficiencies in CBY’s volume of materials that supported CBY’s design approach. This conclusion provided the foundation on which the Court upheld as rational the entire corrective action proposed by the Corps.
RJO attorneys Neil O'Donnell, Pat Meagher, Dennis Callahan and Jeffery Chiow represented PCCP Constructors in the GAO and Court of Federal Claims proceedings.
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