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Most Important Government Contract Cases of 2019

Level: Intermediate
Runtime: 91 minutes
Recorded Date: March 26, 2020
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  • Maine Community Health Options v. U.S.
  • Moda Health Plan, Inc. v. U.S.
  • Land of Lincoln Mutual Health Insurance Co. v. U.S.
  • Agility Logistics Services Co. KSC v. Mattis
  • Park Properties Associates, LP v. U.S.
  • Guarantee Company of North America, USA v Ikhana, LLC
  • U.S. ex rel. Markus v Aerojet Rocketdyne Holdings, Inc.
  • Secy. of Defense v. Northrop Grumman Corp.
Runtime: 1 hour, 31 minutes
Recorded: March 26, 2020


What were the most important government contracts related decisions issued in 2019? Why are these decisions important and what is the historical context that gives them importance? Each of our esteemed panelists has agreed to present analysis of the decision of his/her choosing, which will be punctuated by panel discussion.

This program was recorded on March 26th, 2020.

Provided By

American Bar Association
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Susan Warshaw Ebner

Stinson LLP

Susan is a thought leader in public contracting. Businesses, nonprofits and consortiums seek Susan’s sage advice and counsel on complex and emerging issues in government contracts, compliance, audits, investigations and litigation.

Susan has vast experience advising and representing clients in government contracting matters. She has extensive experience handling bid protests, small business size protests and appeals, contract administration and compliance program issues, strategic alliances, security, audits and investigations, requests for equitable adjustment, claims and formal and informal dispute resolution. Clients seek her advice when confronted with difficult, unique or emerging issues, such as emerging cyber and supply chain risk compliance rules; non-standard federal research and development-related matters, including other transaction agreements, technology investment agreements, cooperative agreements, Small Business Innovation Research and grants; USAID/Host Nation, battlefield and contingency contracting.

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E. Sanderson Hoe

Senior Of Counsel
Covington & Burling LLP

Sandy Hoe has practiced government contracts law for more than 40 years. His expertise includes issues of contract formation, negotiation of subcontracts, bid protests, the structuring of complex private financing of government contracts, preparation of complex claims, and the resolution of post-award contract disputes through litigation or alternative dispute resolution. His clients include major companies in the defense, telecommunications, information technology, financial, construction, and health care industries.

For several years, Mr. Hoe also practiced telecommunications regulatory law, appearing before numerous state public utility commissions in hearings to open the local exchange markets for new entrants under the Telecommunications Act of 1996.

For many years, he has been active in the Public Contract Law Section of the American Bar Association, where he was an author of the section’s original publication of “Subcontract Terms and Conditions.” From 1999 to 2011, Mr. Hoe co-chaired the Section’s committee on Privatization, Outsourcing and Financing Transactions and from 2005 to 2008 served on the Section Council. Prior to his service in the ABA, for six years he was on the Steering Committee of the Section on Government Contracts and Litigation of the District of Columbia Bar, including three years as co-chair.

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Stuart B. Nibley

K & L Gates

Stuart (“Stu”) Nibley is a partner in the firm’s Washington, D.C. office and focuses his practice on both counseling and dispute resolution on behalf of government contractors. His experience includes representation of defense and civilian contractors before Boards of Contract Appeals, federal and state courts, administrative agencies, and international arbitration forums relative to all aspects of the procurement process, from contract negotiation and proposal preparation through claims and dispute resolution.

Stu has particular experience in representing clients in pursuing and defending bid protests; preparing, litigating, and resolving claims against the government and disputes between prime contractors and subcontractors; and assisting clients with government contracts compliance work, including internal investigations, mandatory and voluntary disclosures, and enhancement of contractor internal compliance procedures. He also has represented major U.S. government contractors in significant international arbitrations.

Stu recently concluded his term as Chair of the American Bar Association’s Section of Public Contract Law.

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John S. Pachter

Smith, Pachter, McWhorter PLC

A practitioner of government contract law for more than 50 years, Mr. Pachter has engaged in substantial litigation before the Boards of Contract Appeals, the United States Court of Federal Claims, Federal District Courts, and the United States Court of Appeals for the Federal Circuit. He has prosecuted bid protests before the Government Accountability Office, the General Services Board of Contract Appeals, the United States Court of Federal Claims and Federal District Courts.

Mr. Pachter’s practice has involved dispute resolution in all areas of government contract law, including prime-subcontractor disputes, both in litigation and under alternative dispute resolution procedures.

In the bid protest area, Mr. Pachter’s practice has involved agency best value determinations, past performance, meaningful discussions, task order contracts, sample task issues, organizational and personal conflicts of interest, cost realism analyses, competitive range controversies, technical evaluations, bid mistakes, and other issues.

Mr. Pachter has represented a number of clients in the debarment area, and obtained the first reversal in federal court of a Service Contract Act debarment. Federal Food Service, Inc. v. Donovan, 658 F.2d 830 (D.C. Cir. 1981).

He has also represented and counseled clients on fraud and compliance investigations, audits, corporate governance and ethics, and defense of qui tam actions. Other work has included defective pricing, cost determination, requests for equitable adjustment, licensing of intellectual property, subcontractor performance issues, small and small disadvantaged business matters, terminations for default and convenience, GSA schedule contracts, task order contracting, multiple awards, commercial products and requests for government information.

In 2012 Mr. Pachter was the first recipient of the Allan J. Joseph Excellence in Leadership Award, conferred by the ABA's Section of Public Contract Law. The award recognizes “exceptional effort and accomplishments” as well as “extraordinary contributions” to the Section.

In October 2007, the Department of the Army appointed Mr. Pachter to serve as Independent Monitor to supervise ITT Corporation's performance under an Administrative Compliance Agreement. ITT entered into that Agreement in connection with a Guilty Plea and Deferred Prosecution Agreement regarding violations of the Arms Export Control Act at the Night Vision component of ITT Defense Electronics & Services.

Since then Mr. Pachter has served as monitor in four additional matters. He has also served as an expert witness in several cases.

In 2004, the Legal Times recognized Mr. Pachter as a Leading Lawyer in Government Contracts. He has also been listed in Virginia Super Lawyers, and in Chambers USA, America's Leading Lawyers for Business and Nationwide Leading Lawyers.

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Honorable Reba A. Page

Armed Services Board of Contract Appeals

Judge Page is admitted to the Kentucky, Florida, and District of Columbia Bar Associations, and is an active member of the American Bar Association, Judicial Division and Public Contracts Section.

Judge Page was appointed in 1994 to the U.S. Army Corps of Engineers Board of Contract Appeals and later served as chairman; she has been judge for of the Armed Services Board of Contract Appeals since 2000. She previously was regional counsel for the Corps in Cincinnati, OH; Deputy Commissioner, Kentucky Department for Environmental Protection; and began her legal career in corporate work.

Judge Page frequently lectures and publishes on government contracts, trial practice and dispute resolution, and is an adjunct faculty member of the National Judicial College, University of Nevada at Reno.

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