American Bar Association
Section of Public Contract Law
Litigation
of Government
Contract Disputes:
It’s Not Out of Date
And Out of Style
November 1-2, 2001
Wyndham San Diego at Emerald Plaza
San Diego, California
American Bar Association
Section of Public Contract Law
Litigation
of Government
Contract Disputes:
It’s Not Out of Date
And Out of Style
November 1-2, 2001
Wyndham San Diego at Emerald Plaza
San Diego, California
With so much talk about “teaming,” partnering,” “alternative disputes resolution” and “commercial contracting,” discussion of government contracts litigation is becoming an unmentionable subject. However, it may not matter that alternatives to litigation are “in” if you are sued, or indirectly brought into the litigation of a government contract dispute as a third party. Indeed, you might one day be faced with critical issues, an intractable opponent, or the need for a precedent. Litigation may be your only option. How will you respond?
You need to know about the significant developments in litigation before the federal courts and boards of contract appeals, as well as the new trends in litigation practice. These include:
— Special considerations in litigation with the Government, including limitations on consolidating causes of action and obtaining injunctive relief, and the ability of the Government to assert other causes of action.
— Is “mandatory” ADR a panacea?
— Approaches to maintaining good business relationships despite potential or actual litigation, including how to address contract restructures, releases, and performance ratings.
— What to do about “side shows,” including fraud charges or congressional inquiries brought after litigation has commenced.
— Ethics issues — distinguishing effective advocacy from unwarranted hardball tactics.
You can be prepared. Maneuver through the pitfalls that await the unwary. Follow the practice protocols that will pave the way towards resolving a dispute or extricating yourself from one. Learn about the latest issues and trends in government contracts related litigation on November 1-2 in San Diego. Join us there as experts from the judiciary, government, industry, and private practice share their hands-on experiences and insights.
Thursday, November 1, 2001
12:30 p.m. to 4:00 p.m.
Tour of USS CONSTELLATION (CV 64)
Because of security concerns, this tour has been cancelled by the U.S.Navy. Information about alternate activities will be available at the Section's Office in the Coatroom on the 2nd Floor of the hotel.
5:30 p.m. to 7:30 p.m.
Practicum — State False Claims Acts: Practice Differences from the Federal FCA
— Procedural traps for the unwary
— Use of federal precedents
— Innovative recovery strategies
Peter T. Fagan
Bryan Cave LLP
Irvine, CA
Lisa Foster
Phillips & Cohen LLP
San Diego, CA
Larry Raskin
Supervising Deputy Attorney General, False Claims Section
Office of the Attorney General
State of California
Sacramento, CA
Paul F. Dauer
Dauer & Thompson
Sacramento, CA
7:30 p.m. to 9:00 p.m.
Cocktail Reception hosted by Best Best & Krieger
402 West Broadway, 13th Floor
Friday, November 2, 2001
7:45 a.m. to 8:15 a.m.
Registration
8:15 a.m. to 8:30 a.m.
Welcome
Marcia G. Madsen, Co-Chair
Annual and Quarterly Programs Committee
Mayer, Brown & Platt
Washington, DC
Col. Alexander W. Purdue, Co-Chair
Annual and Quarterly Programs Committee
Air Force Materiel Command
Wright-Patterson AFB, OH
Introduction – Fall Program Co-Chairs
Peter T. Fagan
Bryan Cave LLP
Irvine, CA
Linda T. Maramba
Senior Counsel - Litigation
Northrop Grumman Corporation
Arlington, VA
8:30 a.m. to 10:00 a.m.
Suing the Sovereign: Special Considerations in Contract Disputes
— Inability to consolidate causes of action
— Inability to obtain injunctive relief
— Who decides what are the interests of the United States?
Honorable Eric G. Bruggink
U.S. Court of Federal Claims
Washington, DC
Honorable Cheryl Scott Rome
Armed Services Board of Contract Appeals
Washington, DC
James M. Kinsella
Deputy Director, Commercial Litigation Branch
Civil Division
Department of Justice
Washington, DC
Donald M. Falk
Mayer Brown & Platt
Palo Alto, CA
Mary P. Morningstar
Assistant General Counsel
Lockheed Martin Corporation
Bethesda, MD
10:00 a.m. to 10:15 a.m.
10:15 a.m. to 11:45 a.m.
Real World Issues that Litigation Can Raise
— Limits on questioning witnesses and privilege issues
— Who is “the Government”?
— How government funding issues affect the resolution of litigation
— Problems with “bottom-line” settlement approaches
Scott W. McCaleb
Wiley, Rein & Fielding LLP
Washington, DC
Donna C. Maizel
Assistant United States Attorney
Office of the United States Attorney
Central District of CA
Los Angeles, CA
Diana S. Dickinson
Acting Division Chief, East Division
Office of the Chief Trial Attorney
U.S. Air Force
Wright-Patterson AFB, OH
Paul J. Ehlenbach
Assistant General Counsel
The Boeing Company
Chicago, IL
12:00 noon to 1:30 p.m.
Presiding:
Norman R. Thorpe, Chair
Section of Public Contract Law
General Motors Corp.
Detroit, MI
Speaker:
Honorable Lawrence M. Baskir
Chief Judge
U.S. Court of Federal Claims
Washington, DC
1:45 p.m. to 3:30 p.m.
Maintaining Business Relationships Despite Litigation
— Addressing “We can’t sue our customer/contractor” concerns
— Ensuring that your litigation position is not prejudiced during contract performance or ADR: Restructures, releases, contract performance ratings, and other challenges
— Counsel’s participation in business initiatives: Who, what, where, when and how?
Jeffrey N. Eisenstein
Perkins Coie LLP
Washington, DC
David L. Fowler
Vice President, Legal, Washington Operations
Raytheon Systems Company
Arlington, VA
John P. Janecek
Acting General Counsel
Department of the Air Force
Washington, DC
James L. Sanford
Vice President, Contracts & Pricing
Northrop Grumman Corporation
Los Angeles, CA
3:30 p.m. to 3:45 p.m.
3:45 p.m. to 5:15 p.m.
The “Adverse Party” or “The Enemy”
— What’s fair? Aggressive advocacy and the Rules of Professional Conduct
— Handling fraud charges or congressional inquiries brought during litigation
— The strengths and weaknesses of “hardball” tactics
Honorable Eileen Fennessy
Department of Transportation Board of Contract Appeals
Washington, DC
Sharon Y. Eubanks
Director, Tobacco Litigation Team
Civil Division
U.S. Department of Justice
Washington, DC
Donald G. Featherstun
Seyfarth Shaw
San Francisco, CA
Stephen R. O’Neill
Assistant Director
Navy Litigation Office, Office of General Counsel
Washington, DC
David C. Zucker
Law Offices of David Zucker
Rolling Hills, CA
5:30 p.m. to 7:30 p.m.
We gratefully acknowledge the contributions from the following firms to help defray the cost of this Reception:
Bastianelli, Brown & Kelley Chartered
Crowell & Moring LLP
Fried, Frank, Harris, Shriver & Jacobson
Haynes and Boone, L.L.P.
Hill International, Inc.
Holland & Knight LLP
Howrey Simon Arnold & White, LLP
Jenner & Block, LLC
Latham & Watkins
McAleese & Associates, P.C.
McKenna & Cuneo, L.L.P.
Miller & Chevalier, Chartered
Perkins Coie LLP
Piper Marbury Rudnick & Wolfe, LLP
Reed Smith LLP
Rogers, Joseph, O’Donnell & Phillips
Seyfarth Shaw
Smith, Currie & Hancock LLP
Smith, Pachter, McWhorter & Allen, P.L.C.
Steptoe & Johnson LLP
Venable
Watt, Tieder, Hoffar & Fitzgerald, L.L.P.
Wickwire Gavin, P.C.
Wiley, Rein & Fielding LLP
SECTION COUNCIL MEETING
On Saturday, November 3, from 8:30 a.m. to 12:00 noon, at the Wyndham San Diego at Emerald Plaza, the Council of the Section of Public Contract Law will meet in open session to discuss issues of current importance to government contracts practitioners. All members and registrants for the Friday program are welcome.
Please complete and return the Registration Application if you will attend the Saturday Council Meeting.
Accreditation has been requested for this program from every state (including California and Pennsylvania) with mandatory continuing legal education (MCLE) requirements for lawyers. Please be aware that each state has its own rules and regulations, including its definition of “CLE.” Attorneys seeking to obtain MCLE credit in Pennsylvania are required to pay state accreditation fees directly to the PACLE. Please be prepared to remit payment to the PACLE ($2.00 per credit hour or any portion thereof) after the program. Certificates of attendance will be available at the conclusion of the program for both attendees and speakers. If you have questions about the number of credit hours granted by each state, you may call 312/988-6217, starting 2 to 3 weeks before the program.
Requests for refund must be made in writing and received in the Section of Public Contract Law's office on or before October 26, 2001. Refund requests received after October 16 will be reduced by a $25.00 administrative fee. Substitutions may be made at any time.
If you complete a registration form and fax it to the Section office, the transaction is considered a firm commitment, and you will be expected to pay the registration fee even if circumstances prevent you from attending the conference.
NO refunds will be made after October 26, 2001.
The Wyndham San Diego at Emerald Plaza is located in the heart of downtown at 400 West Broadway. Within walking distance of the hotel, you’ll find restaurants and shopping at Horton Plaza, the Gaslamp Quarter, and The Paladion. Nearby are the world-famous San Diego Zoo, Sea World, Balboa Park, Old Town, San Diego Wild Animal Park, and Seaport Village. In and around San Diego are miles of scenic beaches, golf and tennis, and endless opportunities to observe the varied terrain and wildlife.
Among the amenities in the deluxe guest rooms are in-room coffee makers with complimentary coffee, three telephones with dataport and voice mail, full-size ironing boards and irons, and marble bathrooms with shower massage. The Emerald Fitness Club features a weight room, Stairmaster, sauna, and massage. There is a $7.00 daily charge for use of the Club with discounts for 3-5 day stays. There’s also an outdoor, heated swimming pool with Jacuzzi and sundeck.
San Diego International Airport is just ten minutes away. The hotel offers complimentary shuttle bus service that’s a phone call away in the baggage claim area of the airport. Cab fare between the airport and hotel averages $8.00.
Room rates at the Wyndham San Diego at Emerald Plaza are $189, single or double, plus 10.5% tax per room per night. A limited number of rooms are available to government employees at $96.00. Parking for hotel guests is $18.00 per day with in and out privileges. For visitors attending the meetings on Thursday, Friday, and Saturday, the hotel is extending a special daily rate of $12.00.
You may reserve your accommodations by calling the Wyndham directly at 619/338-3613, identifying the ABA Public Contract Law 2001 Fall Meeting room block, and guaranteeing your reservation by credit card or deposit check. Rooms will be available for check-in no later than 3:00 p.m. with a check-out time of 12:00 noon. Early arrivals or late departures will be booked on an availability basis. Individuals with guaranteed reservations must cancel their reservations by 4:00 p.m. three (3) business days prior to the scheduled day of arrival to avoid a one-night cancellation charge.
Make your reservations NOW. The hotel will release the room block on Tuesday, October 9, 2001.
SPECIAL AIRLINE DISCOUNTS
You can fly to ABA meetings with unbeatable airfares on the following carriers by purchasing your ticket under the ABA Discount Code and using one of two options: Percentage Discounts or Zone Fares. Once your airfare has been determined, the percentage discount can then be applied to produce additional savings to you. By asking the agent to compare the percentage discounted fare with the carrier's Zone Fares, even greater savings may be achieved. Zone Fares are more flexible and user-friendly than non-refundable, restricted airfares. While Zone Fare rules and restrictions vary with each airline, most only require a 7-day advance purchase; do not require a Saturday night stay; are changeable and refundable and require only a 2-day minimum stay. Zone Fares may not always be lower than the percentage discounted fare, but it is a smart practice to always ask your travel reservationist if your trip is eligible for Zone Fares.
The ABA Discounted Meeting Airfares are available through your travel agent, directly from the airline or from the ABA travel agency, Tower Travel at 800/921-9190.
— American Airlines 800/433-1790
ABA Code: S13266
— Delta Air Lines 800/241-6760
ABA Code: 170346A
— US Airways 877/874-7687
ABA Code: 21900057
February 28 - March 2, 2002
8th Annual Federal Procurement Institute and Open Midyear Council Meeting
Loews Annapolis Hotel, Annapolis, MD
May 2 - 4, 2002
Spring Educational Program and
Open Council Meeting
Savannah Marriott Riverfront,
Savannah, GA
August 9 - 13, 2002
Annual Educational Programs and
Open Council Meetings
Renaissance Mayflower, Washington, DC
REGISTRATION APPLICATION
Send directly to:
Marilyn M. Neforas
American Bar Association
750 North Lake Shore Drive
Chicago, Illinois 60611-4497
312/988-5596 — Fax: 312/988-5688
Please register the following person for the Public Contract Law (PCL) Section program on Litigation of Government Contract Disputes: It’s Not Out of Date and Out of Style on Friday, November 2, 2001, at the Wyndham San Diego at Emerald Plaza in San Diego, California.
Registration Fee:
q $240 PCL Section Member or Associate
q $195 Government Employee PCL Section Member
q $215 Other Government Employee
q $285 ABA Member, PCL Non-Member
q $310 Non-ABA Member
and/or
q Free Thursday, November 1, Practicum
q Free Thursday, November 1, Reception hosted by Best Best & Krieger
q Free Friday, November 2, Cocktail Reception *
q Free Saturday, November 3, Council Meeting
For reservations postmarked or faxed after October 26, 2001, and for walk-in registrants, add $25 to each fee category.
Name ___________________________________________________________________________________________________
Please type or print legibly
ABA Member No. ________________________________________________________________________________________
Firm/Agency/Company ____________________________________________________________________________________
Address ________________________________________________________________________________________________
City, State, Zip __________________________________________________________________________________________
Telephone Number _______________________________________________________________________________________
Fax Number _____________________________________________________________________________________________
q Enclosed is my check, made payable to the American Bar Association/PCL, for $_____________.
q Charge $____________ to my Credit Card: q Visa q MasterCard q AmEx
Card Number:____________________________________________________________________________________________________
Exp. Date: ______________________________________________________________________________________________________
Signature: ______________________________________________________________________________________________________
q Government purchase/training order enclosed.
* Registration fee includes all scheduled coffee breaks, program luncheon, Friday cocktail reception and a bound manual of speakers’ written presentations.
“ Please send me information on becoming a member or associate of the:
q American Bar Association
q Public Contract Law Section
q I am an attorney q I am not an attorney