First Class Mail U.S. Postage PAID American Bar Association first class mail PROGRAM OVERVIEW PROGRAM SPONSORS OTHER PLANNED EVENTS program Government procurement of commercial and non-commercial products and services is increasingly requiring more technical data rights, electronic reporting and retention of data, and controls on the supply chain. As acquisition moves on-line, off the grid, or into the cloud, what do you need to know to safeguard valuable intellectual property, as well as mission and business critical infrastructure, all while navigating the evolving regulatory compliance regime? On the flip side, what if you learn that a government laboratory or a university is conducting federally-financed research and development in a technical area relevant to your company’s strategic goals? The Section gratefully acknowledges the very generous support from the following Fall Program Sponsors: Thursday, October 30, 2014 Friday, October 31, 2014 4:30 p.m. to 6:30 p.m. Optional Practicum — Transferring Technology from the Federal Government The Federal Government spends billions of dollars annually in basic and applied R&D and files, or has filed on its behalf, many thousands of patent applications. The underlying inventions are generally available to license for commercial use. The U.S. Department of Energy, in particular, has technology transfer as an express part of its mission. This practicum will explore the vehicles industry can use to piggyback on Government R&D expenditures to develop new products and services. The practicum will also provide insight into the criteria that an interested company or investor should consider in evaluating the commercial potential of federally developed technology. 7:30 a.m. to 8:15 a.m. Registration and Continental Breakfast Hear subject matter experts from Government and industry examine and explain how government contracting operates in an increasingly tech-savvy world. Make your hotel reservations now. The InterContinental Miami will release our room block on Wednesday, October 8, 2014, at 5:00 p.m. CDT. Dated Matter Section of Public Contract Law 321 North Clark Street Chicago, Illinois 60654 zz Understand the vehicles the Government uses to transfer technology, and associated challenges. zz Hear how the “data rights disconnect” between commercial practices and Government expectations affects software, hardware, and cloud computing procurements. Learn how acquisition methods are being used to achieve cybersecurity. zz Gain insight into the continuing evolution of supply chain management into a vital compliance function for government contractors that oversee suppliers and subcontractors on a global basis. zz Discover how patent disputes with the Government are resolved and litigated. zz And consider how this rapidly evolving regulatory regime affects contractors’ compliance and Government enforcement efforts. , Register today and heighten your awareness of the legal and business implications of these emerging Federal procurement issues while networking with other government contract professionals in exciting and vibrant Miami. GOLD silver zz Technology transfer from the Federal Government: CRADAs, licenses and strategic partnership projects zz DOE’s ACT Program: A new vehicle for FFRDC research on commercial terms zz Commercializing Government-developed technology: Separating the winners from the also-rans Paul J. Ehlenbach, Moderator Lawrence Livermore National Laboratory Livermore, CA William S. Elias II UChicago Argonne, LLC / Argonne National Laboratory Chicago, IL John T. Lucas U.S. Department of Energy Washington, DC Connie Capone, President GreenOhm (GVW Group), and former Entrepreneur-inResidence, Argonne National Laboratory Chicago, IL 8:15 a.m. to 8:30 a.m. Welcome and Introduction Stanley R. Soya, Program Co-Chair Baker Botts L.L.P. Washington, DC Oliya S. Zamaray, Program Co-Chair Rogers Joseph O’Donnell, PC Washington, DC 8:30 a.m. to 10:00 a.m. Government Rights in Technical Data and Computer Software zz Government rejection of standard terms and conditions in commercial computer software licenses and EULAs as inconsistent with Government needs and procurement law zz Working with a more aggressive government customer and the impact on the commercial supply chain zz Industry practices for implementing an open systems approach to product development, and DoD initiatives and experiences for implementing an open systems approach on weapon acquisition programs zz Technical data and software rights challenges from a small business perspective zz The data rights regime in a cloud-computing environment Nicole J. Owren-Wiest, Moderator Wiley Rein LLP Washington, DC Zohra Tejani, Senior Attorney, Worldwide Public Sector Microsoft Corporation Reston, VA 6:30 p.m. to 8:00 p.m. Reception hosted by PwC Chop House 350, 300 South Biscayne Boulevard Richard M. Gray, Associate General Counsel DoD Office of the General Counsel Washington, DC Saturday, November 1, 2014 James G. McEwen, Senior Intellectual Property Attorney Sikorsky Aircraft Corporation Stratford, CT 8:30 a.m. to 12:00 noon Section Council Meeting The Council of the Section of Public Contract Law will meet in open session where a number of action and informational items will open the window on legislation, regulatory and other substantive issues of current interest and importance to government contracts practitioners. All members and registrants for the Friday program are welcome. 10:00 a.m. to 10:15 a.m. Networking Break First Class Mail U.S. Postage PAID American Bar Association first class mail PROGRAM OVERVIEW PROGRAM SPONSORS OTHER PLANNED EVENTS program Government procurement of commercial and non-commercial products and services is increasingly requiring more technical data rights, electronic reporting and retention of data, and controls on the supply chain. As acquisition moves on-line, off the grid, or into the cloud, what do you need to know to safeguard valuable intellectual property, as well as mission and business critical infrastructure, all while navigating the evolving regulatory compliance regime? On the flip side, what if you learn that a government laboratory or a university is conducting federally-financed research and development in a technical area relevant to your company’s strategic goals? The Section gratefully acknowledges the very generous support from the following Fall Program Sponsors: Thursday, October 30, 2014 Friday, October 31, 2014 4:30 p.m. to 6:30 p.m. Optional Practicum — Transferring Technology from the Federal Government The Federal Government spends billions of dollars annually in basic and applied R&D and files, or has filed on its behalf, many thousands of patent applications. The underlying inventions are generally available to license for commercial use. The U.S. Department of Energy, in particular, has technology transfer as an express part of its mission. This practicum will explore the vehicles industry can use to piggyback on Government R&D expenditures to develop new products and services. The practicum will also provide insight into the criteria that an interested company or investor should consider in evaluating the commercial potential of federally developed technology. 7:30 a.m. to 8:15 a.m. Registration and Continental Breakfast Hear subject matter experts from Government and industry examine and explain how government contracting operates in an increasingly tech-savvy world. Make your hotel reservations now. The InterContinental Miami will release our room block on Wednesday, October 8, 2014, at 5:00 p.m. CDT. Dated Matter Section of Public Contract Law 321 North Clark Street Chicago, Illinois 60654 zz Understand the vehicles the Government uses to transfer technology, and associated challenges. zz Hear how the “data rights disconnect” between commercial practices and Government expectations affects software, hardware, and cloud computing procurements. Learn how acquisition methods are being used to achieve cybersecurity. zz Gain insight into the continuing evolution of supply chain management into a vital compliance function for government contractors that oversee suppliers and subcontractors on a global basis. zz Discover how patent disputes with the Government are resolved and litigated. zz And consider how this rapidly evolving regulatory regime affects contractors’ compliance and Government enforcement efforts. , Register today and heighten your awareness of the legal and business implications of these emerging Federal procurement issues while networking with other government contract professionals in exciting and vibrant Miami. GOLD silver zz Technology transfer from the Federal Government: CRADAs, licenses and strategic partnership projects zz DOE’s ACT Program: A new vehicle for FFRDC research on commercial terms zz Commercializing Government-developed technology: Separating the winners from the also-rans Paul J. Ehlenbach, Moderator Lawrence Livermore National Laboratory Livermore, CA William S. Elias II UChicago Argonne, LLC / Argonne National Laboratory Chicago, IL John T. Lucas U.S. Department of Energy Washington, DC Connie Capone, President GreenOhm (GVW Group), and former Entrepreneur-inResidence, Argonne National Laboratory Chicago, IL 8:15 a.m. to 8:30 a.m. Welcome and Introduction Stanley R. Soya, Program Co-Chair Baker Botts L.L.P. Washington, DC Oliya S. Zamaray, Program Co-Chair Rogers Joseph O’Donnell, PC Washington, DC 8:30 a.m. to 10:00 a.m. Government Rights in Technical Data and Computer Software zz Government rejection of standard terms and conditions in commercial computer software licenses and EULAs as inconsistent with Government needs and procurement law zz Working with a more aggressive government customer and the impact on the commercial supply chain zz Industry practices for implementing an open systems approach to product development, and DoD initiatives and experiences for implementing an open systems approach on weapon acquisition programs zz Technical data and software rights challenges from a small business perspective zz The data rights regime in a cloud-computing environment Nicole J. Owren-Wiest, Moderator Wiley Rein LLP Washington, DC Zohra Tejani, Senior Attorney, Worldwide Public Sector Microsoft Corporation Reston, VA 6:30 p.m. to 8:00 p.m. Reception hosted by PwC Chop House 350, 300 South Biscayne Boulevard Richard M. Gray, Associate General Counsel DoD Office of the General Counsel Washington, DC Saturday, November 1, 2014 James G. McEwen, Senior Intellectual Property Attorney Sikorsky Aircraft Corporation Stratford, CT 8:30 a.m. to 12:00 noon Section Council Meeting The Council of the Section of Public Contract Law will meet in open session where a number of action and informational items will open the window on legislation, regulatory and other substantive issues of current interest and importance to government contracts practitioners. All members and registrants for the Friday program are welcome. 10:00 a.m. to 10:15 a.m. Networking Break First Class Mail U.S. Postage PAID American Bar Association first class mail PROGRAM OVERVIEW PROGRAM SPONSORS OTHER PLANNED EVENTS program Government procurement of commercial and non-commercial products and services is increasingly requiring more technical data rights, electronic reporting and retention of data, and controls on the supply chain. As acquisition moves on-line, off the grid, or into the cloud, what do you need to know to safeguard valuable intellectual property, as well as mission and business critical infrastructure, all while navigating the evolving regulatory compliance regime? On the flip side, what if you learn that a government laboratory or a university is conducting federally-financed research and development in a technical area relevant to your company’s strategic goals? The Section gratefully acknowledges the very generous support from the following Fall Program Sponsors: Thursday, October 30, 2014 Friday, October 31, 2014 4:30 p.m. to 6:30 p.m. Optional Practicum — Transferring Technology from the Federal Government The Federal Government spends billions of dollars annually in basic and applied R&D and files, or has filed on its behalf, many thousands of patent applications. The underlying inventions are generally available to license for commercial use. The U.S. Department of Energy, in particular, has technology transfer as an express part of its mission. This practicum will explore the vehicles industry can use to piggyback on Government R&D expenditures to develop new products and services. The practicum will also provide insight into the criteria that an interested company or investor should consider in evaluating the commercial potential of federally developed technology. 7:30 a.m. to 8:15 a.m. Registration and Continental Breakfast Hear subject matter experts from Government and industry examine and explain how government contracting operates in an increasingly tech-savvy world. Make your hotel reservations now. The InterContinental Miami will release our room block on Wednesday, October 8, 2014, at 5:00 p.m. CDT. Dated Matter Section of Public Contract Law 321 North Clark Street Chicago, Illinois 60654 zz Understand the vehicles the Government uses to transfer technology, and associated challenges. zz Hear how the “data rights disconnect” between commercial practices and Government expectations affects software, hardware, and cloud computing procurements. Learn how acquisition methods are being used to achieve cybersecurity. zz Gain insight into the continuing evolution of supply chain management into a vital compliance function for government contractors that oversee suppliers and subcontractors on a global basis. zz Discover how patent disputes with the Government are resolved and litigated. zz And consider how this rapidly evolving regulatory regime affects contractors’ compliance and Government enforcement efforts. , Register today and heighten your awareness of the legal and business implications of these emerging Federal procurement issues while networking with other government contract professionals in exciting and vibrant Miami. GOLD silver zz Technology transfer from the Federal Government: CRADAs, licenses and strategic partnership projects zz DOE’s ACT Program: A new vehicle for FFRDC research on commercial terms zz Commercializing Government-developed technology: Separating the winners from the also-rans Paul J. Ehlenbach, Moderator Lawrence Livermore National Laboratory Livermore, CA William S. Elias II UChicago Argonne, LLC / Argonne National Laboratory Chicago, IL John T. Lucas U.S. Department of Energy Washington, DC Connie Capone, President GreenOhm (GVW Group), and former Entrepreneur-inResidence, Argonne National Laboratory Chicago, IL 8:15 a.m. to 8:30 a.m. Welcome and Introduction Stanley R. Soya, Program Co-Chair Baker Botts L.L.P. Washington, DC Oliya S. Zamaray, Program Co-Chair Rogers Joseph O’Donnell, PC Washington, DC 8:30 a.m. to 10:00 a.m. Government Rights in Technical Data and Computer Software zz Government rejection of standard terms and conditions in commercial computer software licenses and EULAs as inconsistent with Government needs and procurement law zz Working with a more aggressive government customer and the impact on the commercial supply chain zz Industry practices for implementing an open systems approach to product development, and DoD initiatives and experiences for implementing an open systems approach on weapon acquisition programs zz Technical data and software rights challenges from a small business perspective zz The data rights regime in a cloud-computing environment Nicole J. Owren-Wiest, Moderator Wiley Rein LLP Washington, DC Zohra Tejani, Senior Attorney, Worldwide Public Sector Microsoft Corporation Reston, VA 6:30 p.m. to 8:00 p.m. Reception hosted by PwC Chop House 350, 300 South Biscayne Boulevard Richard M. Gray, Associate General Counsel DoD Office of the General Counsel Washington, DC Saturday, November 1, 2014 James G. McEwen, Senior Intellectual Property Attorney Sikorsky Aircraft Corporation Stratford, CT 8:30 a.m. to 12:00 noon Section Council Meeting The Council of the Section of Public Contract Law will meet in open session where a number of action and informational items will open the window on legislation, regulatory and other substantive issues of current interest and importance to government contracts practitioners. All members and registrants for the Friday program are welcome. 10:00 a.m. to 10:15 a.m. Networking Break PROGRAM 10:15 a.m. to 11:45 a.m. It’s Not Your Grandfather’s Purchasing Function: Supply Chain Management Today zz Supply Chain Management has evolved into a robust compliance function zz The mandates found in laws and regulations require oversight of suppliers and subcontractors on a global basis zz This increases the need for due diligence and the implementation of procedures to ensure compliance zz An example is the recent final DFARS on detection and avoidance of counterfeit electronic parts zz Another is the convergence of cybersecurity risk mitigation and Supply Chain Management processes Michael W. Mutek, Moderator Plano, TX Laurie Schive PricewaterhouseCoopers McLean, VA Trey Hodgkins IT Alliance for Public Sector (ITAPS) Washington, DC Chris McDavid Pratt & Whitney Hartford, CT 12:00 noon to 1:30 p.m. Program Luncheon Presiding: Stuart B. Nibley, Chair Section of Public Contract Law K&L Gates LLP Washington, DC Keynote Speaker: R. Alexander Acosta Dean of the College of Law Florida International University Miami, FL 1:45 p.m. to 3:15 p.m. What You Need to Know About “Patent Infringement” Actions Against the United States Government zz The basics of §1498 actions (“patent infringement”) against the United States Government zz The case for and against bringing a §1498 action against the Government zz Intervention by third parties zz Recent decisions impacting §1498 litigation, including the U.S. Court of Federal Claims exercise of subject matter jurisdiction over third-party defendants under Rule 14 zz Alternatives to a §1498 action PROGRAM David Schlitz, Moderator Baker Botts L.L.P. Washington, DC The Honorable Mary Ellen Coster Williams U.S. Court of Federal Claims Washington, DC John Fargo, Director Commercial Litigation Branch, Civil Division U.S. Department of Justice Washington, DC Lawrence J. Gotts Latham & Watkins LLP Washington, DC Kinsey Haffner, Vice President Intellectual Property and Licensing Raytheon Company Waltham, MA 3:15 p.m. to 3:30 p.m. Networking Break 3:30 p.m. to 5:00 p.m. Handling High-Tech Issues in Fraud Cases zz Appreciate the challenges of representing clients in high‑tech fraud, FCA, unauthorized access, or other cybercrimes zz Discuss and analyze recent high-profile cases involving technology issues and sales of counterfeit electronic parts, including recent U.S. ex rel. Thompson v. Honeywell FCA case zz Explore the process of collecting, analyzing, transferring, and storing e‑data and the use of technological equipment and software Brian D. Miller, Moderator Navigant Consulting Washington, DC Jay V. Prabhu Assistant U.S. Attorney for the Eastern District of Virginia, Chief of the Cybercrime Unit Alexandria, VA Daniel S. Fridman Holland & Knight LLP Miami, FL Joan E. Meyer Baker & McKenzie LLP Washington, DC 5:00 p.m. to 7:00 p.m. Section Reception Reception sponsors CANCELLATION POLICY HOTEL INFORMATION REGISTRATION APPLICATION We gratefully acknowledge the contributions from the following sponsors to help defray the costs of all of the Section’s quarterly Receptions this year. Requests for refund must be made in writing and received in the Section of Public Contract Law’s office on or before October 24, 2014. Refund requests received after October 7 will be reduced by a $25.00 administrative fee. Substitutions may be made at any time. The InterContinental Miami, at 100 Chopin Plaza, is a contemporary hotel offering sophistication and world class service just 7.5 miles from Miami International Airport. Send directly to: Marilyn M. Neforas, American Bar Association 321 North Clark Street, M/S 19.1, Chicago, Illinois 60654 312‑988‑5596 — Fax: 312‑988‑6033 [email protected] Register online at: www.ambar.org/PubConFall2014Mtg Akin Gump Strauss Hauer & Feld LLP Arent Fox LLP Arnold & Porter LLP BakerHostetler Baker Botts L.L.P. Baker Tilly Barnes & Thornburg LLP BDO USA LLP Berkeley Research Group, LLC Chess Consulting LLC The Claro Group, LLC Crowell & Moring LLP Dickstein Shapiro LLP Diepenbrock Elkin, LLP DLA Piper US LLP Eckland & Blando LLP Fluor Government Group Fried, Frank, Harris, Shriver & Jacobson LLP General Dynamics Corporation Gibson, Dunn & Crutcher LLP Greenberg Traurig, LLP Hogan Lovells Holland & Knight LLP Husch Blackwell LLP Jackson Kelly PLLC Jenner & Block LLP Jones Day K&L Gates LLP The Kenrich Group Kirkland & Ellis LLP Lockheed Martin Corporation Mayer Brown LLP McAleese & Associates, P.C. McCarter & English LLP McGlinchey Stafford PLLC McKenna Long & Aldridge LLP Miles & Stockbridge, P.C. Morrison & Foerster LLP Northrop Grumman Corporation Peckar & Abramson, P.C. Pepper Hamilton LLP Perkins Coie LLP Pillsbury Winthrop Shaw Pittman LLP PwC Raytheon Company Reed Smith LLP Rifkin, Weiner, Livingston, Levitan & Silver, LLP Rogers Joseph O’Donnell, PC Seyfarth Shaw LLP Sheppard Mullin Richter & Hampton LLP Smith, Currie & Hancock LLP Smith Pachter McWhorter, PLC Steptoe & Johnson LLP Thompson Coburn LLP Venable LLP Watt, Tieder, Hoffar & Fitzgerald, LLP Wiley Rein LLP WilmerHale Wittie, Letsche & Waldo, LLP Womble Carlyle Sandridge & Rice PLLC A registration submitted online or by mail, fax, or email to the Section office is considered a firm commitment. If you do not cancel by the designated deadline date for refund, you will be expected to pay the registration fee even if circumstances prevent you from attending the program. NO REFUNDS WILL BE MADE AFTER OCTOBER 24, 2014. CLE CREDIT The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 6.0 CLE credit hours in 60-minute states, and 7.2 credit hours in 50-minute states. If the registrant also attends the October 30 Practicum, the course is expected to qualify for 8.0 CLE credit hours in 60-minute states, and 9.6 credit hours in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, please contact Ernestine Leibas at [email protected] or 312-988-5699. SPECIAL AIRLINE DISCOUNTS Discounted airfares are available from ABA Orbitz for Business including ABA negotiated discounts on American and United. To book online, go to www.abanet. org/travel> click under the Orbitz for Business logo at the top of the page > click on the appropriate link in the Self Paid Travel box. For assistance with online or offline reservations, call toll free 1-877-222-4185. Discounts can also be obtained directly from the airlines. American: Call 800-433-1790 Code A5414SS; United: Call 800-426-1122 Agreement Code: 461920 Z Code: ZR45, United.com Offer Code ZR45461920; Delta: Call 800-3281111 ABA Meeting Code: NMHK5 Online Meeting Event Code NMHK5; Virgin America Airlines www.virginamerica. com use discount code VXABA312. Set in the heart of Downtown Miami, the hotel offers richly appointed accommodations and breathtaking views of Biscayne Bay. From a dramatic 34-story marble exterior to a soaring atrium lobby, InterContinental specializes in stylish flair. Experience all that the hotel has to offer, including 641 hotel rooms with plush beds and luxurious amenities, personal coffee makers, heated outdoor pool and sundeck overlooking Biscayne Bay, and full-service Spa. Additionally, arrangements have been made for complimentary guest room internet over the dates of October 29 to November 2 for meeting registrants. The hotel also has waived the daily health club fee for all Public Contract Law meeting registrants over the dates of October 29 to November 2. Miami International Airport is only 7.5 miles from the hotel, and driving time between the airport and hotel can range from 15 to 30 minutes, depending on the time of day. A one‑way taxi ride between the airport and hotel will cost around $28 without tip. Super Shuttle provides scheduled runs from the airport 24/7 for $18 per person one way. To make arrangements with Super Shuttle, call 800‑BLUE‑VAN (800‑258‑3826). Exit to the sidewalk from baggage claim and look for the Super Shuttle Customer Service kiosk. The wait for a van may be 20-45 minutes. Room rates at the InterContinental Miami are $199, single or double, plus 17% tax per room per night, Group Code RH7. Overnight guest valet parking is $39 per day, and event parking is $17 per car per day. Metered parking also is available in front of the hotel. A limited number of rooms are available to government employees only for $152 plus 13% tax per room per night, Group Code CCZ. Proof of current employment by a government agency will be required at check-in to be entitled to this $152 room rate. You may reserve your accommodations by calling the InterContinental Miami directly at 800‑327‑3005, identifying the ABA Public Contract Law 2014 Fall Meeting room block and Group Code, and guaranteeing your reservation by credit card or deposit check. Rooms will be available for check‑in not later than 4:00 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 48 hours of their scheduled day of arrival to avoid a one-night cancellation charge. Make your reservations NOW. The hotel will release the room block on Wednesday, October 8, 2014, at 5:00 p.m. CDT. Please register the following person for the Public Contract Law (PCL) Section program on Government Contracting in a Tech‑Savvy World on Friday, October 31, 2014, at the InterContinental Miami, Miami, FL. ➊ Registration Fee: ❑ $260 PCL Section Member or Associate ❑ $215 Government Employee, Academic, or Lawyer Admitted to Practice Less than 5 Years, PCL Section ❑ $235 Other Government Employee, Academic, or Lawyer Admitted to Practice Less than 5 Years ❑ $315 ABA Member, PCL Non-Member ❑ $370 Non-ABA Member ➋ Other Events: ❑ $40 ❑Free ❑Free ❑Free Thursday, October 30, Practicum Thursday, October 30, Reception hosted by PwC Friday, October 31, Cocktail Reception Saturday, November 1, Council Meeting For reservations postmarked or faxed after October 24, 2014, and for walk-in registrants, add $25 to each fee category. ➌ Name (please print legibly or type) ABA Member No. Firm/Agency Company Address City, State, Zip Telephone Number Fax Number Email Name of guest ➍ Payment Method: ❑Enclosed is my check, made payable to the American Bar Association/PCL, for $ __________________ . ❑ Government purchase/training order enclosed. ❑ Charge $___________ to my Credit Card: ❑ AmEx ❑ MasterCard ❑ Visa Card Number: Exp. Date: Signature: registration fees above provide for reduced registration fees for ➎ The government employees, academics, public interest lawyers employed with non-profit organizations, and lawyers admitted to practice less than 5 years. The Section of Public Contract Law’s Scholarship Program provides a total of 3 Scholarships every two years for lawyers in need of financial assistance wishing to attend Section programs. No other full-tuition waivers are currently available. PROGRAM 10:15 a.m. to 11:45 a.m. It’s Not Your Grandfather’s Purchasing Function: Supply Chain Management Today zz Supply Chain Management has evolved into a robust compliance function zz The mandates found in laws and regulations require oversight of suppliers and subcontractors on a global basis zz This increases the need for due diligence and the implementation of procedures to ensure compliance zz An example is the recent final DFARS on detection and avoidance of counterfeit electronic parts zz Another is the convergence of cybersecurity risk mitigation and Supply Chain Management processes Michael W. Mutek, Moderator Plano, TX Laurie Schive PricewaterhouseCoopers McLean, VA Trey Hodgkins IT Alliance for Public Sector (ITAPS) Washington, DC Chris McDavid Pratt & Whitney Hartford, CT 12:00 noon to 1:30 p.m. Program Luncheon Presiding: Stuart B. Nibley, Chair Section of Public Contract Law K&L Gates LLP Washington, DC Keynote Speaker: R. Alexander Acosta Dean of the College of Law Florida International University Miami, FL 1:45 p.m. to 3:15 p.m. What You Need to Know About “Patent Infringement” Actions Against the United States Government zz The basics of §1498 actions (“patent infringement”) against the United States Government zz The case for and against bringing a §1498 action against the Government zz Intervention by third parties zz Recent decisions impacting §1498 litigation, including the U.S. Court of Federal Claims exercise of subject matter jurisdiction over third-party defendants under Rule 14 zz Alternatives to a §1498 action PROGRAM David Schlitz, Moderator Baker Botts L.L.P. Washington, DC The Honorable Mary Ellen Coster Williams U.S. Court of Federal Claims Washington, DC John Fargo, Director Commercial Litigation Branch, Civil Division U.S. Department of Justice Washington, DC Lawrence J. Gotts Latham & Watkins LLP Washington, DC Kinsey Haffner, Vice President Intellectual Property and Licensing Raytheon Company Waltham, MA 3:15 p.m. to 3:30 p.m. Networking Break 3:30 p.m. to 5:00 p.m. Handling High-Tech Issues in Fraud Cases zz Appreciate the challenges of representing clients in high‑tech fraud, FCA, unauthorized access, or other cybercrimes zz Discuss and analyze recent high-profile cases involving technology issues and sales of counterfeit electronic parts, including recent U.S. ex rel. Thompson v. Honeywell FCA case zz Explore the process of collecting, analyzing, transferring, and storing e‑data and the use of technological equipment and software Brian D. Miller, Moderator Navigant Consulting Washington, DC Jay V. Prabhu Assistant U.S. Attorney for the Eastern District of Virginia, Chief of the Cybercrime Unit Alexandria, VA Daniel S. Fridman Holland & Knight LLP Miami, FL Joan E. Meyer Baker & McKenzie LLP Washington, DC 5:00 p.m. to 7:00 p.m. Section Reception Reception sponsors CANCELLATION POLICY HOTEL INFORMATION REGISTRATION APPLICATION We gratefully acknowledge the contributions from the following sponsors to help defray the costs of all of the Section’s quarterly Receptions this year. Requests for refund must be made in writing and received in the Section of Public Contract Law’s office on or before October 24, 2014. Refund requests received after October 7 will be reduced by a $25.00 administrative fee. Substitutions may be made at any time. The InterContinental Miami, at 100 Chopin Plaza, is a contemporary hotel offering sophistication and world class service just 7.5 miles from Miami International Airport. Send directly to: Marilyn M. Neforas, American Bar Association 321 North Clark Street, M/S 19.1, Chicago, Illinois 60654 312‑988‑5596 — Fax: 312‑988‑6033 [email protected] Register online at: www.ambar.org/PubConFall2014Mtg Akin Gump Strauss Hauer & Feld LLP Arent Fox LLP Arnold & Porter LLP BakerHostetler Baker Botts L.L.P. Baker Tilly Barnes & Thornburg LLP BDO USA LLP Berkeley Research Group, LLC Chess Consulting LLC The Claro Group, LLC Crowell & Moring LLP Dickstein Shapiro LLP Diepenbrock Elkin, LLP DLA Piper US LLP Eckland & Blando LLP Fluor Government Group Fried, Frank, Harris, Shriver & Jacobson LLP FTI Consulting General Dynamics Corporation Gibson, Dunn & Crutcher LLP Greenberg Traurig, LLP Hogan Lovells Holland & Knight LLP Husch Blackwell LLP Jackson Kelly PLLC Jenner & Block LLP Jones Day K&L Gates LLP The Kenrich Group Kirkland & Ellis LLP Lockheed Martin Corporation Mayer Brown LLP McAleese & Associates, P.C. McCarter & English LLP McGlinchey Stafford PLLC McKenna Long & Aldridge LLP Miles & Stockbridge, P.C. Morrison & Foerster LLP Northrop Grumman Corporation Peckar & Abramson, P.C. Pepper Hamilton LLP Perkins Coie LLP Pillsbury Winthrop Shaw Pittman LLP PwC Raytheon Company Reed Smith LLP Rifkin, Weiner, Livingston, Levitan & Silver, LLP Rogers Joseph O’Donnell, PC Seyfarth Shaw LLP Sheppard Mullin Richter & Hampton LLP Smith, Currie & Hancock LLP Smith Pachter McWhorter, PLC Steptoe & Johnson LLP Thompson Coburn LLP Venable LLP Watt, Tieder, Hoffar & Fitzgerald, LLP Wiley Rein LLP WilmerHale Wittie, Letsche & Waldo, LLP Womble Carlyle Sandridge & Rice PLLC A registration submitted online or by mail, fax, or email to the Section office is considered a firm commitment. If you do not cancel by the designated deadline date for refund, you will be expected to pay the registration fee even if circumstances prevent you from attending the program. NO REFUNDS WILL BE MADE AFTER OCTOBER 24, 2014. CLE CREDIT The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 6.0 CLE credit hours in 60-minute states, and 7.2 credit hours in 50-minute states. If the registrant also attends the October 30 Practicum, the course is expected to qualify for 8.0 CLE credit hours in 60-minute states, and 9.6 credit hours in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, please contact Ernestine Leibas at [email protected] or 312-988-5699. SPECIAL AIRLINE DISCOUNTS Discounted airfares are available from ABA Orbitz for Business including ABA negotiated discounts on American and United. To book online, go to www.abanet. org/travel> click under the Orbitz for Business logo at the top of the page > click on the appropriate link in the Self Paid Travel box. For assistance with online or offline reservations, call toll free 1-877-222-4185. Discounts can also be obtained directly from the airlines. American: Call 800-433-1790 Code A5414SS; United: Call 800-426-1122 Agreement Code: 461920 Z Code: ZR45, United.com Offer Code ZR45461920; Delta: Call 800-3281111 ABA Meeting Code: NMHK5 Online Meeting Event Code NMHK5; Virgin America Airlines www.virginamerica. com use discount code VXABA312. Set in the heart of Downtown Miami, the hotel offers richly appointed accommodations and breathtaking views of Biscayne Bay. From a dramatic 34-story marble exterior to a soaring atrium lobby, InterContinental specializes in stylish flair. Experience all that the hotel has to offer, including 641 hotel rooms with plush beds and luxurious amenities, personal coffee makers, heated outdoor pool and sundeck overlooking Biscayne Bay, and full-service Spa. Additionally, arrangements have been made for complimentary guest room internet over the dates of October 29 to November 2 for meeting registrants. The hotel also has waived the daily health club fee for all Public Contract Law meeting registrants over the dates of October 29 to November 2. Miami International Airport is only 7.5 miles from the hotel, and driving time between the airport and hotel can range from 15 to 30 minutes, depending on the time of day. A one‑way taxi ride between the airport and hotel will cost around $28 without tip. Super Shuttle provides scheduled runs from the airport 24/7 for $18 per person one way. To make arrangements with Super Shuttle, call 800‑BLUE‑VAN (800‑258‑3826). Exit to the sidewalk from baggage claim and look for the Super Shuttle Customer Service kiosk. The wait for a van may be 20-45 minutes. Room rates at the InterContinental Miami are $199, single or double, plus 17% tax per room per night, Group Code RH7. Overnight guest valet parking is $39 per day, and event parking is $17 per car per day. Metered parking also is available in front of the hotel. A limited number of rooms are available to government employees only for $152 plus 13% tax per room per night, Group Code CCZ. Proof of current employment by a government agency will be required at check-in to be entitled to this $152 room rate. You may reserve your accommodations by calling the InterContinental Miami directly at 800‑327‑3005, identifying the ABA Public Contract Law 2014 Fall Meeting room block and Group Code, and guaranteeing your reservation by credit card or deposit check. Rooms will be available for check‑in not later than 4:00 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 48 hours of their scheduled day of arrival to avoid a one-night cancellation charge. Make your reservations NOW. The hotel will release the room block on Wednesday, October 8, 2014, at 5:00 p.m. CDT. Please register the following person for the Public Contract Law (PCL) Section program on Government Contracting in a Tech‑Savvy World on Friday, October 31, 2014, at the InterContinental Miami, Miami, FL. ➊ Registration Fee: ❑ $260 PCL Section Member or Associate ❑ $215 Government Employee, Academic, or Lawyer Admitted to Practice Less than 5 Years, PCL Section ❑ $235 Other Government Employee, Academic, or Lawyer Admitted to Practice Less than 5 Years ❑ $315 ABA Member, PCL Non-Member ❑ $370 Non-ABA Member ➋ Other Events: ❑ $40 ❑Free ❑Free ❑Free Thursday, October 30, Practicum Thursday, October 30, Reception hosted by PwC Friday, October 31, Cocktail Reception Saturday, November 1, Council Meeting For reservations postmarked or faxed after October 24, 2014, and for walk-in registrants, add $25 to each fee category. ➌ Name (please print legibly or type) ABA Member No. Firm/Agency Company Address City, State, Zip Telephone Number Fax Number Email Name of guest ➍ Payment Method: ❑Enclosed is my check, made payable to the American Bar Association/PCL, for $ __________________ . ❑ Government purchase/training order enclosed. ❑ Charge $___________ to my Credit Card: ❑ AmEx ❑ MasterCard ❑ Visa Card Number: Exp. Date: Signature: registration fees above provide for reduced registration fees for ➎ The government employees, academics, public interest lawyers employed with non-profit organizations, and lawyers admitted to practice less than 5 years. The Section of Public Contract Law’s Scholarship Program provides a total of 3 Scholarships every two years for lawyers in need of financial assistance wishing to attend Section programs. No other full-tuition waivers are currently available. PROGRAM 10:15 a.m. to 11:45 a.m. It’s Not Your Grandfather’s Purchasing Function: Supply Chain Management Today zz Supply Chain Management has evolved into a robust compliance function zz The mandates found in laws and regulations require oversight of suppliers and subcontractors on a global basis zz This increases the need for due diligence and the implementation of procedures to ensure compliance zz An example is the recent final DFARS on detection and avoidance of counterfeit electronic parts zz Another is the convergence of cybersecurity risk mitigation and Supply Chain Management processes Michael W. Mutek, Moderator Plano, TX Laurie Schive PricewaterhouseCoopers McLean, VA Trey Hodgkins IT Alliance for Public Sector (ITAPS) Washington, DC Chris McDavid Pratt & Whitney Hartford, CT 12:00 noon to 1:30 p.m. Program Luncheon Presiding: Stuart B. Nibley, Chair Section of Public Contract Law K&L Gates LLP Washington, DC Keynote Speaker: R. Alexander Acosta Dean of the College of Law Florida International University Miami, FL 1:45 p.m. to 3:15 p.m. What You Need to Know About “Patent Infringement” Actions Against the United States Government zz The basics of §1498 actions (“patent infringement”) against the United States Government zz The case for and against bringing a §1498 action against the Government zz Intervention by third parties zz Recent decisions impacting §1498 litigation, including the U.S. Court of Federal Claims exercise of subject matter jurisdiction over third-party defendants under Rule 14 zz Alternatives to a §1498 action PROGRAM David Schlitz, Moderator Baker Botts L.L.P. Washington, DC The Honorable Mary Ellen Coster Williams U.S. Court of Federal Claims Washington, DC John Fargo, Director Commercial Litigation Branch, Civil Division U.S. Department of Justice Washington, DC Lawrence J. Gotts Latham & Watkins LLP Washington, DC Kinsey Haffner, Vice President Intellectual Property and Licensing Raytheon Company Waltham, MA 3:15 p.m. to 3:30 p.m. Networking Break 3:30 p.m. to 5:00 p.m. Handling High-Tech Issues in Fraud Cases zz Appreciate the challenges of representing clients in high‑tech fraud, FCA, unauthorized access, or other cybercrimes zz Discuss and analyze recent high-profile cases involving technology issues and sales of counterfeit electronic parts, including recent U.S. ex rel. Thompson v. Honeywell FCA case zz Explore the process of collecting, analyzing, transferring, and storing e‑data and the use of technological equipment and software Brian D. Miller, Moderator Navigant Consulting Washington, DC Jay V. Prabhu Assistant U.S. Attorney for the Eastern District of Virginia, Chief of the Cybercrime Unit Alexandria, VA Daniel S. Fridman Holland & Knight LLP Miami, FL Joan E. Meyer Baker & McKenzie LLP Washington, DC 5:00 p.m. to 7:00 p.m. Section Reception Reception sponsors CANCELLATION POLICY HOTEL INFORMATION REGISTRATION APPLICATION We gratefully acknowledge the contributions from the following sponsors to help defray the costs of all of the Section’s quarterly Receptions this year. Requests for refund must be made in writing and received in the Section of Public Contract Law’s office on or before October 24, 2014. Refund requests received after October 7 will be reduced by a $25.00 administrative fee. Substitutions may be made at any time. The InterContinental Miami, at 100 Chopin Plaza, is a contemporary hotel offering sophistication and world class service just 7.5 miles from Miami International Airport. Send directly to: Marilyn M. Neforas, American Bar Association 321 North Clark Street, M/S 19.1, Chicago, Illinois 60654 312‑988‑5596 — Fax: 312‑988‑6033 [email protected] Register online at: www.ambar.org/PubConFall2014Mtg Akin Gump Strauss Hauer & Feld LLP Arent Fox LLP Arnold & Porter LLP BakerHostetler Baker Botts L.L.P. Baker Tilly Barnes & Thornburg LLP BDO USA LLP Berkeley Research Group, LLC Chess Consulting LLC The Claro Group, LLC Crowell & Moring LLP Dickstein Shapiro LLP Diepenbrock Elkin, LLP DLA Piper US LLP Eckland & Blando LLP Fluor Government Group Fried, Frank, Harris, Shriver & Jacobson LLP General Dynamics Corporation Gibson, Dunn & Crutcher LLP Greenberg Traurig, LLP Hogan Lovells Holland & Knight LLP Husch Blackwell LLP Jackson Kelly PLLC Jenner & Block LLP Jones Day K&L Gates LLP The Kenrich Group Kirkland & Ellis LLP Lockheed Martin Corporation Mayer Brown LLP McAleese & Associates, P.C. McCarter & English LLP McGlinchey Stafford PLLC McKenna Long & Aldridge LLP Miles & Stockbridge, P.C. Morrison & Foerster LLP Northrop Grumman Corporation Peckar & Abramson, P.C. Pepper Hamilton LLP Perkins Coie LLP Pillsbury Winthrop Shaw Pittman LLP PwC Raytheon Company Reed Smith LLP Rifkin, Weiner, Livingston, Levitan & Silver, LLP Rogers Joseph O’Donnell, PC Seyfarth Shaw LLP Sheppard Mullin Richter & Hampton LLP Smith, Currie & Hancock LLP Smith Pachter McWhorter, PLC Steptoe & Johnson LLP Thompson Coburn LLP Venable LLP Watt, Tieder, Hoffar & Fitzgerald, LLP Wiley Rein LLP WilmerHale Wittie, Letsche & Waldo, LLP Womble Carlyle Sandridge & Rice PLLC A registration submitted online or by mail, fax, or email to the Section office is considered a firm commitment. If you do not cancel by the designated deadline date for refund, you will be expected to pay the registration fee even if circumstances prevent you from attending the program. NO REFUNDS WILL BE MADE AFTER OCTOBER 24, 2014. CLE CREDIT The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 6.0 CLE credit hours in 60-minute states, and 7.2 credit hours in 50-minute states. If the registrant also attends the October 30 Practicum, the course is expected to qualify for 8.0 CLE credit hours in 60-minute states, and 9.6 credit hours in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, please contact Ernestine Leibas at [email protected] or 312-988-5699. SPECIAL AIRLINE DISCOUNTS Discounted airfares are available from ABA Orbitz for Business including ABA negotiated discounts on American and United. To book online, go to www.abanet. org/travel> click under the Orbitz for Business logo at the top of the page > click on the appropriate link in the Self Paid Travel box. For assistance with online or offline reservations, call toll free 1-877-222-4185. Discounts can also be obtained directly from the airlines. American: Call 800-433-1790 Code A5414SS; United: Call 800-426-1122 Agreement Code: 461920 Z Code: ZR45, United.com Offer Code ZR45461920; Delta: Call 800-3281111 ABA Meeting Code: NMHK5 Online Meeting Event Code NMHK5; Virgin America Airlines www.virginamerica. com use discount code VXABA312. Set in the heart of Downtown Miami, the hotel offers richly appointed accommodations and breathtaking views of Biscayne Bay. From a dramatic 34-story marble exterior to a soaring atrium lobby, InterContinental specializes in stylish flair. Experience all that the hotel has to offer, including 641 hotel rooms with plush beds and luxurious amenities, personal coffee makers, heated outdoor pool and sundeck overlooking Biscayne Bay, and full-service Spa. Additionally, arrangements have been made for complimentary guest room internet over the dates of October 29 to November 2 for meeting registrants. The hotel also has waived the daily health club fee for all Public Contract Law meeting registrants over the dates of October 29 to November 2. Miami International Airport is only 7.5 miles from the hotel, and driving time between the airport and hotel can range from 15 to 30 minutes, depending on the time of day. A one‑way taxi ride between the airport and hotel will cost around $28 without tip. Super Shuttle provides scheduled runs from the airport 24/7 for $18 per person one way. To make arrangements with Super Shuttle, call 800‑BLUE‑VAN (800‑258‑3826). Exit to the sidewalk from baggage claim and look for the Super Shuttle Customer Service kiosk. The wait for a van may be 20-45 minutes. Room rates at the InterContinental Miami are $199, single or double, plus 17% tax per room per night, Group Code RH7. Overnight guest valet parking is $39 per day, and event parking is $17 per car per day. Metered parking also is available in front of the hotel. A limited number of rooms are available to government employees only for $152 plus 13% tax per room per night, Group Code CCZ. Proof of current employment by a government agency will be required at check-in to be entitled to this $152 room rate. You may reserve your accommodations by calling the InterContinental Miami directly at 800‑327‑3005, identifying the ABA Public Contract Law 2014 Fall Meeting room block and Group Code, and guaranteeing your reservation by credit card or deposit check. Rooms will be available for check‑in not later than 4:00 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 48 hours of their scheduled day of arrival to avoid a one-night cancellation charge. Make your reservations NOW. The hotel will release the room block on Wednesday, October 8, 2014, at 5:00 p.m. CDT. Please register the following person for the Public Contract Law (PCL) Section program on Government Contracting in a Tech‑Savvy World on Friday, October 31, 2014, at the InterContinental Miami, Miami, FL. ➊ Registration Fee: ❑ $260 PCL Section Member or Associate ❑ $215 Government Employee, Academic, or Lawyer Admitted to Practice Less than 5 Years, PCL Section ❑ $235 Other Government Employee, Academic, or Lawyer Admitted to Practice Less than 5 Years ❑ $315 ABA Member, PCL Non-Member ❑ $370 Non-ABA Member ➋ Other Events: ❑ $40 ❑Free ❑Free ❑Free Thursday, October 30, Practicum Thursday, October 30, Reception hosted by PwC Friday, October 31, Cocktail Reception Saturday, November 1, Council Meeting For reservations postmarked or faxed after October 24, 2014, and for walk-in registrants, add $25 to each fee category. ➌ Name (please print legibly or type) ABA Member No. Firm/Agency Company Address City, State, Zip Telephone Number Fax Number Email Name of guest ➍ Payment Method: ❑Enclosed is my check, made payable to the American Bar Association/PCL, for $ __________________ . ❑ Government purchase/training order enclosed. ❑ Charge $___________ to my Credit Card: ❑ AmEx ❑ MasterCard ❑ Visa Card Number: Exp. Date: Signature: registration fees above provide for reduced registration fees for ➎ The government employees, academics, public interest lawyers employed with non-profit organizations, and lawyers admitted to practice less than 5 years. The Section of Public Contract Law’s Scholarship Program provides a total of 3 Scholarships every two years for lawyers in need of financial assistance wishing to attend Section programs. No other full-tuition waivers are currently available.
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