AMERICAN BAR ASSOCIATION

SECTION OF PUBLIC CONTRACT LAW

2000 ANNUAL MEETING PROGRAM

JULY 7 - 11 u NEW YORK

JULY 18 - 19 u LONDON

Unless otherwise noted, all sessions will be held at

THE WALDORF=ASTORIA

301 Park Avenue at 50th Street u New York, New York 10022-6897 u 212/355-3000

 

The Section's Office will be Marilyn’s Suite, 4th Floor.

It will be open from 9:00 a.m. to 5:00 p.m., Friday, July 7, through Monday, July 10, and

from 9:00 a.m. to 12:00 noon on Tuesday, July 11.

Except for those functions identified as TICKETED FUNCTION,

all programs are free of charge to Section members registered for the Annual Meeting.

The Section’s Annual Meeting brochure, containing a ticket order form,

will be mailed to all Section members in May.

All requests for tickets to Section functions must be sent to the

Section’s office in Chicago. Deadline for receipt and payment

of all Section Reception ticket orders is Friday, June 23, 2000.

Rand L. Allen, Chair

Section of Public Contract Law

Annual and Quarterly Programs Chairs:

Philip L. Davis

Helaine G. Elderkin

New York Annual Meeting Program Co-Chairs:

Sheila C. Cheston

James C. Fontana

Anthony H. Gamboa

Kenneth M. Roberts

London Annual Program:

James P. Gallatin, Jr,. Co-Chair

Anthony H. Gamboa, Co-Chair

Frank H. Menaker, Jr., Vice-Chair

Kent R. Morrison, Vice-Chair

NEW YORK

FRIDAY, JULY 7

2:00 p.m. to 3:30 p.m.

New Applications, New Frontiers for ADR

Conference Room E, Lower Level, Sheraton New York, 7th Avenue at 52nd Street

Primary Sponsor: Section of Dispute Resolution

Mediation, once the "sleeping giant" of Alternative Dispute Resolution, is now awake and pervasive. Problem solving rather than vindication, has become the prevalent approach among sophisticated clients seeking to resolve complex disputes. This program examines new, exciting applications of ADR to a variety of practice areas, including the entertainment and franchising industries, business to business e-commerce transactions, and big ticket federal contracting disputes. Peter Phillips, Vice President, CPR Institute for Dispute Resolution, will moderate this program with Donald A. Cohn, Corporate Counsel, E. I. DuPont de Nemours and Company, Gerald Phillips, Phillips, Salman & Stein; and Richard Wolf, Vice President - Legal, Cendant Corporation, and Richard C. Walters, Dispute Resolution Officer, FAA Office of Dispute Resolution, serving as panelists.

 

2:00 p.m.to 4:00 p.m.

Program–The Whistleblower: The Expansion of Individual Employee Rights Under Federal and State Laws

Conference Room H, Lower Level, Presidential CLE Centre , Sheraton New York, 7th Avenue at 52nd Street

Primary Sponsor: Section of Administrative Law and Regulatory Practice

The first part of this program will explore the rights of employees and organizations under an expanding list of federal and state whistleblower protection statues. The second, will focus on the prevention of whistleblower litigation, including the impact of compliance programs, an overview of confidentiality issues, releases and settlements and new developments.

The Program Chair and Moderator will be Kathleen A. Buck, Kirkland & Ellis. Panelists include John W. Chierichella, Fried, Frank, Harris, Shriver & Jacobson; John Irving, Kirkland & Ellis; John C. Holmes, U.S. Department of Labor; George Wratney, United Technologies Corp., Ken Johnson, Ethics Resource Center; Fred Verinder, Blue Cross Blue Shield of Illinois.

 

2:00 p.m. to 5:00 p.m.

Program–Ethical Considerations in Public Sector Law

Surrey and Kent Rooms, 4th Floor, Warwick Hotel, 65 West 54th Street

Primary Sponsor: Government and Public Sector Lawyers Division

Focuses on the unique ethical issues confronted by government and public sector lawyers. Topics examined include: scope of representation, public sector attorney-client privilege issues, duty to disclose lawyer misconduct and communication with represented persons. An entertaining, interactive format uses panelists to act out case scenarios, encouraging audience participation and involvement. The panel will be moderated by Justice Betty Weinberg Ellerin, Justice of the Appellate Division, First Department, New York. Panelists include: John J. Copelan, Jr., Shutts and Bowen, LLP; Allen Giles, General Counsel, Minneapolis Public Schools; Sharon Pandak, County Attorney, Prince William County, Virginia; Michael S. Ross, LaRossa and Ross, former District Attorney, Kings County, New York; and Deborah A. Scalise, Deputy Attorney General, Westchester Region, New York.

 

 

SATURDAY, JULY 8

7:30 a.m. to 8:45 a.m.

Council Breakfast

Grand Ballroom, 3rd Floor

For Section Officers and Council Members only

9:00 a.m. to 1:00 p.m.

Council Meeting

Empire Room, Lobby Level

Open to all Section members.

1:00 p.m. to 2:00 p.m.

Luncheon for Council Members and Committee Officers

Palm Room, 18th Floor

6:00 p.m. to 6:30 p.m.

United Nations Tour

Main Information Desk, United Nations, 46th Street and First Avenue

TICKETED FUNCTION

Advance resevations are required for this private, guided tour of the United Nations which will begin promptly at 6:00 p.m.

All of the requirements shown below for the Section Reception also apply for this Tour.

6:30 p.m. to 8:30 p.m.

Section Reception

Delegates Dining Room, United Nations, 46th Street and First Avenue

TICKETED FUNCTION

Advance reservations and payment of guest tickets is required before June 23.

Only the names of those Section members who have ordered their reception tickets prior to June 23 will be shown on the Reception Attendance List at the United Nations Security Desk. Because of the extraordinary security measures necessary at the United Nations, all Reception attendees must: (1) show either their ABA meeting badges or some other form of identification, (2) present their tickets to the security guard on duty, and (3) be on the Reception Attendance List before being admitted. No one will be admitted who has not met all three of these requirements.

This gracious social gathering, for registered Section members and their guests, is made possible through the generosity of the following firms that have contributed to defray its expenses:

Reception Sponsors

New York and London

Arent Fox Kintner Plotkin & Kahn, PLLC

Arnold & Porter

Bastianelli, Brown & Kelley Chartered

Bryan Cave LLP

Crowell & Moring LLP

Doyle & Bachman

Faegre & Benson LLP

Federal Publications Inc – A West Group Company

Fried, Frank, Harris, Shriver & Jacobson

Gadsby & Hannah LLP

Gardere & Wynne, L.L.P.

Haynes and Boone, LLP

Hill International, Inc.

Holland & Knight LLP

Howrey Simon Arnold & White LLP

Kirkland & Ellis

Latham & Watkins

McAleese & Associates, P.C.

McKenna & Cuneo, L.L.P.

McManus, Schor, Asmar & Darden, L.L.P.

Miller & Chevalier, Chartered

Oles Morrison Rinker & Baker LLP

Pepper Hamilton LLP

Perkins Coie LLP

Piper Marbury Rudnick & Wolfe, L.L.P.

Powell, Goldstein, Frazer & Murphy LLP

Reed Smith Shaw & McClay, LLP

Rogers, Joseph, O’Donnell & Quinn

Seyfarth, Shaw, Fairweather & Geraldson

Shaw Pittman

Smith, Currie & Hancock LLP

Smith, Pachter, McWhorter & D’Ambrosio, P.L.C.

Spriggs & Hollingsworth

Steptoe & Johnson LLP

Thelen Reid & Priest, LLP

Treacy, Schaffel, Moore & Mueller

Venable

Vinson & Elkins L.L.P.

Watt, Tieder, Hoffar & Fitzgerald, L.L.P.

Wickwire Gavin, P.C.

Wiley, Rein & Fielding

Winston & Strawn

Wulfsberg Reese & Sykes

 

SUNDAY, JULY 9

9:00 a.m. to 12:00 noon

Program – Risk Shifting in Government Construction Contracts: Highway to the Future or a One-Way Street?

Empire Room, Lobby Level

During the past decade, the construction industry, primarily in the private sector, has broken out of the design-bid-build mode. Government projects have facilitated this movement by enacting legislation allowing the use of alternative project delivery methods. In an effort to provide quality projects on time and within budget, the construction industry has developed a sometimes-confusing maze of entities and project delivery methods which alter the relationships from project to project.

Three panels will examine risk shifting and risk management opportunities and techniques which can be used to effectively control project quality, duration, and cost. In addition, the panels will compare government projects and their ability to manage risk to their counterparts in the private sector. Kenneth M. Roberts, Schiff Hardin & Waite, will serve as Program Coordinator

The first panel, moderated by Allen C. Gibson, Jr., Buist Moore Smythe and McGee, will examine the latest legal issues impacting risk shifting in both government and private contracts with Mark C. Friedlander, Schiff Hardin & Waite, and Geoffrey T. Keating, McKenna & Cuneo LLP, as panelists.

The second panel will be from an in-house counsel’s perspective, with William A. Roberts, III, Wiley Rein & Fielding, serving as Moderator. Panelists include John Bond, III, J.A. Jones; Karen Huston Canoff, Nielsen Dillingham Builders; Philip Daddona, KPMG; and Kent Sloan, Black & Veatch

Hubert J. Bell, Jr., Smith Currie & Hancock LLP, will moderate the third panel on risk shifting and the alternative dispute process with Eric D. Green, RESOLUTIONS, LLC, and William E. Hartgering, JAMS, as serving as panelists.

11:30 a.m. to 1:30 p.m.

ABA Commission on Women in the Profession

Margaret Brent Awards Ceremony and Luncheon

Grand Ballroom Suite, Hilton New York

TICKETED FUNCTION

1:00 p.m. to 2:30 p.m.

Committee Meetings

Emerging Issues

Conrad Suite, Salon, 4th Floor

International Procurement

Park Avenue Suite Center, 4th Floor

2:30 p.m. to 4:00 p.m.

Committee Meetings

Accounting, Cost & Pricing

Conrad Suite, Salon, 4th Floor

Electronic Commerce

Park Avenue Suite South, 4th Floor

Region Division Meeting

Park Avenue Suite Center, 4th Floor

 

Strategic Alliances, Teaming and Subcontracting

Conrad Suite, Dining Room, 4th Floor

4:00 p.m. to 5:30 p.m.

Committee Meetings

Bonding and Insurance

Park Avenue Suite South, 4th Floor

Debarment and Suspension

Conrad Suite, Salon, 4th Floor

Research & Development and Intellectual Property

Conrad Suite, Dining Room, 4th Floor

MONDAY, JULY 10

7:00 a.m. to 9:00 a.m.

Breakfast for 2000-2001 Committee Officers

Starlight Roof, 18th Floor

9:00 a.m. to 10:30 p.m.

State and Local Division Workshop

Park Avenue Suite South, 4th Floor

Informal discussion of state and local procurement, with a focus on delivery mechanisms, including electronic procurement, design-build, cooperative procurements, and protests.

10:30 a.m. to 12:00 noon

Long Range Planning Committee Meeting

Park Avenue Suite South, 4th Floor

2:00 p.m. to 5:00 p.m.

Program – International Consolidation in the Aerospace Industry: The Business Need and Government Concerns

John Jacob Astor Salon, 3rd Floor

The defense and aerospace industries are becoming ever more international in nature. National barriers are coming down and competition is global. The market place and government policies are reacting to this changing environment. This program addresses both the opportunities that are created and the difficulties that persist in the new environment; it addresses the issues from both the private sector and the government perspectives.

This program will consist of two panels. The first will include CEO’s and senior industry representatives who will discuss the new international competitive environment; how companies need to adapt to compete effectively in that environment; the benefits of transnational mergers, acquisitions and other joint efforts; and the impediments that traditional government policies pose to international ventures.

Participants on this first panel will include Vance Coffman, Chairman and CEO of Lockheed Martin Corporation; Michael Bonsignore, Chairman and CEO of Honeywell International; Mark Ronald, President and CEO of BAE Systems North America; Eric Zahler, President and COO of Loral Space & Communications; and John Douglass, President and CEO of Aerospace Industries Association. Frank H. Menaker, Jr., Senior Vice President and General Counsel, Lockheed Martin Corporation, will moderate.

The second panel–moderated by Sheila C. Cheston of Wilmer, Cutler & Pickering–will include senior government representatives who will discuss the public policy issues raised by international mergers and transactions in the defense and aerospace industries. David R. Oliver, Principal Deputy Under Secretary for Acquisition, Technology & Logistics, Department of Defense; Dorothy Robyn, Special Assistant to the President for Economic Policy, National Economic Council; Donna Patterson, Deputy Assistant Attorney General for Antitrust, Department of Justice; and Larry R. Parkinson, General Counsel, Federal Bureau of Investigation, will be the participants on the second panel.

This is the first of a two-part Section program that will conclude with the July 18 London session on "International Consolidation in the Defense Industry–the European Perspective."

 

 

TUESDAY, JULY 11

7:00 a.m. to 9:00 a.m.

Construction Division Breakfast Program–Risk Reassessment:  Recent Developments in Subcontract and Bonding & Insurance Issues in Public Construction Contracts

TICKETED FUNCTION

Palm Room, 18th Floor

Speakers will discuss recent amendments to the Miller Act and related state law claims, including the Construction Industry Payment Protection Act of 1999 and the Prompt Payment Act; proposed FAR 49.404 regarding Takeover Agreements between the government and surety: recent cases of interest with emphasis on cases related to "pay when paid" clauses; new subcontract addendum issued by the American Subcontractors Association: and a new insurance product for contractor/subcontractor defaults designed to replace performance and payment bonds. David G. Lane with the Venable law firm will moderate while Brenda K. Orrison, Porter, Orrison & Doster, and Geoffrey T. Keating, McKenna & Cuneo LLP, address the issues.

9:00 a.m. to 12:00 noon

Program–Federal Procurement Law Update: The Courts, Boards, and GAO

Jade Room, 3rd Floor

Consisting of three panels, this program will review the latest developments and trends in protests, contract disputes and false claims/qui tam litigation. The first panel will discuss recent developments in protests at the GAO and the Court of Federal Claims with Judge Eric G. Bruggink , U.S. Court of Federal Claims, and Daniel I. Gordon, General Accounting Office, as the panelists. Judge Bruggink and Mr. Gordon will also point out areas of differences between the two forums. Recent developments and trends in contract disputes will be examined by the second panel, composed of of Judge Bruggink and Judge Carol Park-Conroy, Armed Services Board of Contract Appeals. The third panel–consisting of John T. Boese of Fried, Frank, Harris, Shriver & Jacobson and Stephen Altman, U.S. Department of Justice–will review the latest in false claims/qui tam litigation. Anthony H. Gamboa, Senior Associate General Counsel, U.S. General Counsel, will moderate the program.

12:00 noon to 2:00 p.m.

Section Luncheon and Annual Alan E. Peterson Lecture

Empire Room, Lobby Level

TICKETED FUNCTION

Speaker:

The Honorable Haldane Robert Mayer

Chief Judge

U.S. Court of Appeals for the Federal Circuit

2:00 p.m. to 2:15 p.m.

Annual Section Business Meeting

Empire Room, Lobby Level

Includes election of Officers and Council Members for 2000-2001 and other Section business.

2:30 p.m. to 5:00 p.m.

New Council Meeting

Basildon Room, 3rd Floor

 

 

LONDON

TUESDAY, JULY 18

2:00 p.m. to 5:00 p.m.

Program–International Consolidation in the Defense Industry: The European Perspective

Strand/Fleet/Bell Suite, First Floor, The Law Society’s Hall, 113 Chancery Lane

The defense industry is becoming ever more international in nature. Mergers and other joint efforts are occurring both within Europe and between European and U.S. companies. This program, on globalization of the defense industry, consists of two panels.

Frank H. Menaker, Jr., Senior Vice President and General Counsel of Lockheed Martin Corporation, will moderate the first panel which will feature senior international business executives and representatives from the European defense ministries. Thus far, John Weston, Chief Executive of BAE Systems; Bernard Retat, Vice Chairman of Thomson-CSF; and Sir Robert Walmsley, Chief of Defence Procurement & Chief Executive, Defence Procurement Agency, in the British Ministry of Defence, have agreed to participate.

The second panel–moderated by Sheila C. Cheston of Wilmer, Cutler & Pickering–will include legal counsel for major defense corporations, discussing the legal issues surrounding defense consolidation. The members of this panel will include Pierre Charreton, Vice President and Group General Counsel of Thomson-CSF; Frank H. Menaker, Jr., Senior Vice President and General Counsel of Lockheed Martin Corporation; Andreas Waggershauser, Senior Vice President-Legal and Patents of The Diehl Company; and Lynda Martin Alegi with Baker & McKenzie.

Members of both panels will address the various issues surrounding international consolidation in the defense industry. They will consider, for example, economic pressures, security concerns, the realities of political and military alliances, the need to continue research and development in a way that meets the future needs of military forces, and considerations in selecting the most appropriate place and form of incorporation or joint venture.

 

6:30 p.m. to 8:30 p.m.

Section Reception

David Lloyd George Room, National Liberal Club, Whitehall Place

TICKETED FUNCTION

Advance reservations and payment of guest tickets is required before June 23.

 

WEDNESDAY, JULY 19

8:30 a.m., to 11:30 a.m.

Plenary Program–Not "Death and Taxes" but How to Deal with Life’s Other Inevitabilities: Health Care, Frauds, Scams and Abuse of Seniors, and End-of-Life Decisions

Whittle Room, Third Floor, Queen Elizabeth II Conference Centre

Jointly sponsored with the Senior Lawyers Division; Criminal Justice, Family Law, General Practice, Solo and Small Firm, Health Law, and Tort and Insurance Practice Sections, and American Bar Retirement Association

The most difficult issues we deal with as individuals are also those on which we must give advice as lawyers. What is the future of the law with respect to delivery of health care services? How do we handle frauds and scams of seniors? And how shall we make end-of-life decisions, including whether or not we have a "right to die"? This program will present various perspectives from the U.S., England, Ireland and Scotland, along with plenty of time for questions and discussion with the audience.

Speakers include: Donna Shalala, U.S. Secretary of Health & Human Services; John Denham, U.K. Minister for Health; Eamonn Barnes, Director of Public Prosecutions for Ireland; Jane Brady, Attorney General of Delaware; Dr. Joanne Lynn, Director, Americans for Better Care of the Dying; and Lord Matthew Clarke, Parliament, Scotland.

 

 

IMPORTANT MEETING INFORMATION

Room reservations and registration for the Annual Meeting must be processed through the ABA Official Registrar, I.T.S. For further information, please call the ABA Meetings and Travel Department at 312/988-5870. You may also register for the meeting and request hotel accommodations through the ABA’s website: www.abanet.org/annual/2000/home.html.