Joe Smith is a special counsel in the Regulatory and Government Affairs Department, and a member of the Defense, National Security and Government Contracts Practice Group. He joined the firm in 2011. In over twenty-five years of practice, he has represented both large and small companies in a wide variety of government contracts matters.
Practice
In the area of contract claims and disputes, Mr. Smith has appeared as lead trial counsel in both the Armed Services Board of Contract Appeals and the Court of Federal Claims as well as in numerous federal district courts. He has conducted oral arguments before the Federal Circuit, the District of Columbia Circuit and the Eleventh Circuit. He has also conducted mini-trials, arbitrations and alternative dispute resolution proceedings.
In the area of cost principles and Cost Accounting Standards (CAS), Mr. Smith has defended contractors against cost disallowances and allegations of CAS noncompliance and defective pricing. He has represented clients charged with fraud and has advised companies on suspension and debarment matters, as well as compliance with ethics regulations.
Mr. Smith has also performed due diligence in connection with some of the largest transactions in the defense industry, where he has represented both divesting companies and acquiring companies.
Professional Activities
Mr. Smith is a member of the American Bar Association and the Section of Public Contracts Law.
Speaking Engagements
“Allocability and Organizational Cost Issues,” featured presentation in The Masters Institute in Government Contract Costs, Federal Publications Seminar, May 4, 2011, San Diego, CA.
“Ethics Is Like Art: It’s a Question of Where You Draw the Line,” presentation for the Washington Metro chapter of the Association of Corporate Counsel, April 27, 2011, Tysons Corner, VA.
“Compliance with FAR Ethics Requirements,” presentation with Watkins Meegan, February 8, 2011, Tysons Corner, VA.
“Allocability and Organizational Cost Issues,” featured presentation in The Masters Institute in Government Contract Costs, Federal Publications Seminar, August 5, 2010, Washington, D.C.
“American Recovery and Reinvestment Act of 2009 and Aspects of DOE Contracting,” presentation for SRA International, April 29, 2010, Fairfax, VA.
“Can (or Should) a Commercial Business Become a Government Contractor?” presentation for the Washington Metro chapter of the Association of Corporate Counsel, April 20, 2010, Tysons Corner, VA.
“Government Contract Compliance,” speech at the American Institute of Constructors Annual Conference, April 9, 2010, Chicago, IL.
“The Court of Federal Claims: Best Practices and Procedural Overview,” moderator for panel presentation, Federal Bar Association, Government Contracts Section, March 29, 2010, Washington, D.C.
“Government Contracts 2010: Entering into a Business Relationship with the U.S.,” presentation on claims and disputes, Practising Law Institute, March 12, 2010, New York, NY.
“In the Wake of Tecom: Is It Possible To Recover the Cost of Third-Party Litigation Settlements?” webinar for the American Bar Association, Public Contracts Law Section, March 9, 2010, Washington, D.C.
“The Most Important Government Contracts Related Decisions of 2009 Presented by Some of the Most Experienced Members of the Bar,” presentation for the American Bar Association, Public Contracts Law Section, Contract Claims and Disputes Resolution Committee, January 13, 2010, Washington, D.C. Also presented as an ABA sponsored webinar on February 24, 2010.
“Look Before You Leap: Strategies for Participating in Public Contracting,” Construction Super Conference, December 2009, San Francisco, CA.
“‘Yes, Mrs. Cleaver’: DCAA Monitors Contractor Ethics,” presentation for the Washington Metro chapter of the Association of Corporate Counsel, October 15, 2009, Vienna, VA.
“The Geren v. Tecom Case: Rule-Making by the Federal Circuit,” presentation for American Bar Association, Public Contracts Law Section, Accounting, Cost and Pricing Committee, October 13, 2009, Washington, D.C.
“Newsreel: Recent Highlights in Government Contracts,” presentation for the District of Columbia chapter of National Contract Management Association, November 12, 2008, Arlington, VA.
“Defective Pricing and Fraud,” presentation for the Washington Metro chapter of the Association of Corporate Counsel, November 11, 2008, Vienna, VA.
“The Strange World of Government Contracting,” presentation to employees of Bearing Point as part of two-day training seminar put on by Kroll, September 17, 2008, Reston, MD.
“The Truth in Negotiations Act and Defective Pricing,” presentation for General Dynamics Land Systems and Land Systems Canada, Sterling Heights, MI on June 4 and 5, 2008; London, ON on June 3, 2008.
“Thou Shalt Not: Ten Commandments for Government Contractors,” presentation for the Washington Metro chapter of the Association of Corporate Counsel, April 29, 2008, Vienna, VA.
“The Truth in Negotiations Act and Defective Pricing,” presentation for Raytheon Missile Systems, Tucson, AZ on April 7 and 8, 2008; presented at Raytheon Space and Airborne Systems, Dallas, TX on April 9, 2008.
Publications
With R. Johnson, et al., “Maropakis: The Federal Circuit Imposes Forfeiture of Defenses to Government Claims When Contractor Fails to Certify Them as Contractor Claims,” Federal Contracts Report (July 27, 2010).
With R. Johnson, et al., “Geren v. Tecom, Inc.,: The Federal Circuit Creates a New FAR Cost Principle,” Government Contract Costs, Pricing & Accounting Report, (July 2009).
Co-author, “Stock Option Costs: Time for a New Look at Cost Allowability,” Government Contract Costs, Pricing & Accounting Report, (November 2008).
With R. Johnson and M. Haws, “Allowability of Legal Costs of Third-Party Lawsuits Following Tecom, Inc.,” Government Contract Costs, Pricing & Accounting Report, (March 2008).
