Chambers noted that clients say that Justin “is a skilled and service-minded lawyer who cuts to the chase and avoids red tape” “He is an excellent leader and superb relationship partner” and that Dave “is a terrific lawyer who anticipates issues and is forward-thinking about his advice.”
To view all of Blank Rome’s Chambers USA 2022 rankings, please visit our website.
The Legal 500 United States 2022
Blank Rome was ranked as a “Recommended Firm” in the area of “Government: Government Contracts” and several of our Government Contracts attorneys were highly ranked and recommended in The Legal 500 United States 2022, including:
“Leading Lawyers”: The Legal 500’s Guide to Outstanding Lawyers Nationwide
Justin A. Chiarodo
“Next Generation Partners”: The Legal 500’s Guide to Up-and-Coming Lawyers Nationwide
Dominique L Casimir (Government: Government Contracts)
To view all of Blank Rome’s Legal 500 United States 2022 rankings, please visit our website.
The Interagency Suspension and Debarment Committee (“ISDC”) has released its annual Section 873 Report to Congress for FY2020. The data in this report provides a big picture view of trends in suspension and debarment. Here’s what you need to know:
1. Debarments Increased in FY2020.
Debarments were up slightly, with 1,256 debarments in 2020 compared with 1,199 in 2019, bucking the downward trend of the previous six years. It is reasonable to expect that the increase in debarments will continue, particularly as the Government progresses in investigating CARES Act fraud.
2. Suspensions and Proposed Debarments Decreased.
Suspensions decreased, after a brief uptick in 2019, from 722 in 2019 to 415 in 2020, consistent with the general downward trend of years prior. Similarly, proposed debarments fell from 1,437 in 2019 to 1,317 in 2020. Interestingly, the ISDC attributes these decreases, “in part, to delays in mail service, travel restrictions, and postponements in court proceedings,” which means the FY2020 decrease is likely due to the COVID-19 pandemic rather than an actual Governmentwide downward trend in activity. And the decrease was not uniform: 13 of the 29 agencies reporting their FY2020 metrics actually increased the number of suspensions.
In late 2021, we were thrilled to welcome Elizabeth N. Jochum in our Washington, D.C., office as a partner in the Government Contracts practice. A skilled litigator and counselor with a significant background in white collar defense and investigations matters, Elizabeth joined Blank Rome from Smith Pachter McWhorter PLC, where she was a partner.
Elizabeth advocates for government contractors in bid protests before the U.S. Government Accountability Office and the U.S. Court of Federal Claims as well as handles appeals before the Armed Services and Civilian Boards of Contract Appeals and the U.S. Court of Appeals for the Federal Circuit. She also represents contractors in size protests, determinations, and appeals before the Small Business Administration. Elizabeth advises prime contractors and subcontractors on a range of matters, including regulatory compliance, contract negotiation, due diligence for mergers and acquisitions, and change and claim preparation.
Now that she has settled in at Blank Rome, we took a few minutes to chat with Elizabeth to find out more about her background, interests, and approach to client service. Here are the highlights, so that you can get to know her!
Welcome (again) to Blank Rome! We are so excited to have you on our team! What brought you to Blank Rome?
Thank you! I am so thrilled to be here, the transition has been incredibly smooth thanks to how welcoming the firm and group have been to my clients and me. I was drawn to Blank Rome because of the government contracts group’s incredible reputation. I have also had the opportunity to work with several members of the group on various matters and speaking engagements so had no doubt they were exactly the kind of smart, business-minded, and collegial people I hoped to work with. I also wanted to offer my clients a broader range of support outside of government contracts—particularly on labor & employment and corporate issues. Blank Rome has incredible capabilities in those areas as well.
The ABA Section of Public Contract Law serves to provide balanced recommendations on procurement policy, provide a forum to engage with colleagues across all segments of the procurement industry, and gain insight into and develop unique perspectives of federal, state, and local public contract law. For more information, please visit the Section’s webpage.
We are thrilled to share that Stephanie Harden—a long-time and integral member of our practice group—has been elected to the partnership. For those who haven’t had the chance to connect or work with Stephanie—which we highly recommend!—we wanted to share the highlights of our virtual chat with Stephanie (edited for the blog) to help everyone get to know her better.
First of all, congratulations on your promotion! This is obviously the culmination of many years practicing in the field—but how did you first get interested in government contracts law?
Thank you! I’m very excited about this milestone and helping our clients succeed in my new role.
I spent one of my law school summers at GAO’s Office of General Counsel, where I was first exposed to bid protest litigation. I loved the fast-paced nature of bid protests and was interested in learning more about the field. After law school, I clerked for Judge Victor Wolski on the U.S. Court of Federal Claims, where I learned about a host of government contracts issues and really solidified my interest in government contracts law. Being able to observe and learn from the Judge and the advocates practicing before the Court (both from the Justice Department and private bar) gave me a strong foundation for success.
Federal contractors have long provided various types of anti-harassment, nondiscrimination and diversity and inclusion, or D&I, training to their employees. After the death of George Floyd and the nationwide protests that followed, D&I training has proliferated in workplaces across the country, including within federal agencies and in the contractor community.
In response to the widespread public protests for racial equality, many companies and executives issued public statements denouncing racism. Many also pledged millions of dollars to social justice organizations. In numerous workplaces, employees have taken the initiative to organize book clubs and discussion circles focused specifically on promoting open workplace discussions about race. Some employers have provided lists of resources for employees seeking to learn more about issues of race.
On Sept. 22, the Trump administration issued a bombshell executive order purporting to ban certain types of D&I training, leaving federal contractors scrambling to determine how best to comply, and how to identify and mitigate the new risks they now face.
President Donald Trump has been vocal about his views on the discourse of racial issues following the nationwide protests for racial equality that started at the beginning of the summer.
In June, the president rejected calls to rename military bases honoring Confederate generals. The Trump administration issued a memorandum on Sept. 4, directing agencies to identify:
all contracts or other agency spending related to any training on critical race theory, white privilege, or any other training or propaganda effort that teaches or suggests either (1) that the United States is an inherently racist or evil country or (2) that any race or ethnicity is inherently racist or evil [and to] identify all available avenues within the law to cancel any such contracts and/or to divert Federal dollars away from these un-American propaganda training sessions.
The executive order that followed three weeks later takes aim at contractor-provided workplace D&I training that the Trump administration considers divisive and objectionable.
On Tuesday evening, the Trump administration surprised the federal contracting community by issuing an Executive Order (“EO”) titled “Combating Race and Sex Stereotyping” that will ban federal contractors from conducting certain types of anti-discrimination training. In particular, the EO prohibits workplace racial sensitivity and diversity and inclusion (“D&I”) training programs that contain so-called “divisive content,” defined in the EO as instilling a belief in the existence of systemic racism and inherent bias. The EO expands an earlier ban issued in a September 4, 2020, memorandum that prohibits certain anti-discrimination training from being conducted within federal agencies.
The EO comes on the heels of a widespread social and racial justice movement that dominated much of the summer of 2020, in response to which corporate America has taken a stand, with companies pledging millions to social justice reform movements. An overwhelming number of employers either have offered or plan to offer some form of diversity training to their employees. This latest EO leaves many federal contractors and subcontractors wondering whether and how to proceed, and what penalties they may face if they offer such training. Continue reading “Trump Administration Bans Contractors from Providing Certain Types of Diversity Training”
A few weeks ago we wrote about our Government Contracts practice group’s decision to opt in to the 21-Day Racial Equity Habit Building Challenge (the “Challenge”) launched by the American Bar Association (“ABA”) Section of Public Contract Law. The 21-Day Challenge was a syllabus of 21 daily assignments—curated for the ABA by Dominique Casimir—focusing on the Black American experience, including Black history, identity and culture, the experience of anti-Black racism in America, and the intersection between systemic racism and the legal profession.
What We Did: We invited our clients to participate with us in a series of weekly discussion groups to share perspectives on the racial equity movement currently underway in this country, to reflect on how we got here, and to challenge ourselves to consider what we are doing—in our respective workplaces, and as individual lawyers—to work towards racial equality. This experience was unlike anything we have done with our clients before, and admittedly we were not sure how clients would respond when we invited them to engage with us in an ongoing series of small-group, candid discussions about a topic as sensitive as race. We were incredibly humbled that so many of our clients enthusiastically welcomed this opportunity. Continue reading “Our Clarion Call: Thoughts on Our 21-Day Racial Equity Habit Building Challenge”
This will not be a typical Government Contracts Navigator post. But it concerns an issue as important to the government contracts bar as any new law, regulation, or judicial decision. We all have stories about how we came to practice in this vibrant field, which plays such a critical role in protecting our nation and advancing the public policies of the United States—including due process, fair competition, and equal opportunity. But we cannot ignore the reality that the great diversity of the government contracts law practice is not well-reflected in our bar of practitioners.
The events of recent weeks have led us to think hard about we what can do to help achieve greater racial diversity in our practice area. As lawyers, we typically solve the most complex problems we face by developing creative teams whose members are open to learning, collaborating, and communicating. That is why, as a practice group, we’ve jumped at the chance to participate in the ABA Section of Public Contract Law’s 21-Day Racial Equity Habit Building Challenge (the “21-Day Challenge”). We believe that the 21-Day Challenge gives us an opportunity to learn, collaborate, and communicate with one another on one of the most pressing and important challenges in our professional lives: creating and maintaining a diverse and inclusive government contracts bar. Our practice group is “all in,” and we invite you to join us as we answer the ABA Section of Public Contract Law’s invitation to participate in the 21-Day Challenge. Continue reading “Our Clarion Call: Join Us in the ABA’s 21-Day Racial Equity Habit Building Challenge”
The Coronavirus Aid, Relief and Economic Security, or CARES, Act provides more than a trillion dollars in relief to both small and large businesses in the form of loans, grants and tax credits, designed to quickly stabilize the economy during the ongoing crisis.
But this is not free money: The CARES Act also includes a robust oversight and enforcement regime to enable the government to combat fraud, waste and abuse. Experience shows that when this much government money is being spent, there will be investigations and enforcement actions.
The CARES Act is complex with evolving regulatory guidelines, and this increases the potential for missteps by companies trying to take advantage of the program’s benefits while navigating program requirements. How can companies manage this uncertainty and reduce the risk of becoming an enforcement target?
We offer 12 suggested steps.
To read the full article that was published in Law360 on May 11, 2020, please click here.