A natural problem solver, Eric enjoys helping clients assess, understand, and develop and implement practical strategies to address complicated issues relating to government contracts, intellectual property, cybersecurity, and export controls.
Eric is a government contracts lawyer who represents clients' interests through counseling, negotiation, and litigation. His clients include multinational corporations as well as small and mid-sized businesses in a variety of sectors, including technology and IT services, R&D, construction, defense, cybersecurity, transportation, manufacturing, financial services, education, health care, and biotech.
Eric advises on federal, state and local procurement and other complex compliance issues throughout the life cycle of the contracting process. Clients rely on his counsel from pre-proposal opportunity and risk assessment, through compliance with solicitation requirements, award capture, and contract performance, to termination and close-out. Along the way, he helps clients understand and address a wide variety of issues, including: business ethics and conduct; government contractor-specific employment laws; privacy and data security; sourcing restrictions; M&A due diligence and contract novation; security clearances; cost and pricing; small business and socio-economic programs; and export controls. Eric also supports client success by negotiating contracts, subcontracts, teaming and joint venture agreements, and IP development agreements and licenses with contractors, commercial and non-profit entities, and institutions of higher education. If disputes or potential problems arise, he advocates for his clients in bid and size protests, contractor and government claims, and appeals. In addition, he guides clients through audits and investigations, terminations, and suspension and debarment issues.
Regardless of the problems he is working to help solve, Eric's approach reflects his belief in the importance of cogent analysis, effective communication, and a focus on the client's bottom line.
Eric recently ended a three-year term on the governing Council of the American Bar Association's Public Contract Law Section. He has written extensively on government contract matters and frequently lectures and conducts training on government contracting, cybersecurity, export controls, and intellectual property issues.
Defended protest of multimillion dollar contract for the operation and maintenance of a federal research facility.
Represented language services firm in appeal of a claim to the Armed Services Board of Contract Appeals (ASBCA) based on constructive changes in a contract for the creation of maintenance manuals.
Assisted HVAC manufacturer in educating prime contractors and Department of Defense customers concerning availability of non-availability exception to Buy American Act restrictions.
Advised enterprise resource planning contractor regarding state RFP procedures, proposal contents, Q&A and other communications, and preparing to file/defend against potential protest of award of state-wide contract.
Conducted internal investigation into alleged payment of gratuities for mid-size defense contractor and helped revise its ethics and business conduct policies and procedures to address problematic aspects discovered during the investigation.
Revised large IT manufacturer / distributor's policy governing hiring of former government employees to conform to legal requirements.
Negotiated Space Act Agreement for client's use of NASA's image catalog in development of on-line game to promote STEM education.
Developed response to Defense Contracting Audit Agency defending contractor's bonus compensation plan and CAS disclosure statement.
Counseled commercial products company concerning potential mandatory disclosure GSA Inspector General relating to Price Reductions Clause issues.
Negotiated a joint venture teaming agreement to position small business client to compete for a multimillion dollar IT services contract for the Center for Medicare and Medicaid Services.
Represented subcontractor in negotiation of key subcontract and multiple change orders with multinational transportation firm for design and upgrade of public transportation system a land-grant university.
Designed and provided export controls compliance plans and training for multiple clients.
Developed export controls risk identification and analysis plan for R1 Research University.
Helped multi-national aerospace firm analyze potential import problems arising from supply chain and develop voluntary disclosure under the International Traffic in Arms Regulations (ITAR).
Assisted cybersecurity firm in negotiation of hundreds of service agreements with commercial and government customers.
News & Insights
- Press Release08.08.2019
- In the News07.01.2019
- In the News05.02.2019
- Press Release10.31.2018
“The Past, Present, and Future of the ABA Model Procurement Code for State and Local Jurisdictions,” NASPO Law Institute, October 2019
Co-Presenter, “Navigating Master Service Agreements,” Association of Corporate Counsel, Colorado Chapter, October 2019
Co-Presenter, "Bid-Rigging and Other Threats to Effective Procurement," Colorado Bar Association Business Law Summit, September 2019
"The Top 10 (plus!) Pitfalls to Avoid When Responding to Solicitations," (Co-Presenter) National Contract Management Association (NCMA) Boston Chapter March Workshop, Boston, Massachusetts, March 2019
"Don't Be the Slowest Zebra: Understanding and Responding to CyberSecurity Risks" (Co-Presenter), PCI Legislative and Political Conference, Denver, Colorado, November 2018
“Exceptions: Striking the Right Balance in a Jumbled Landscape,” ABA Section of Public Contracts Law Fall Meeting, Louisville, Kentucky, November 2017
“Everything You Always Wanted to Know about Contract Claims but Were Afraid to Ask” (Co-Presenter), International Paint Committee, Colorado Springs, Colorado, September 2017
“The Mechanics of Flow Downs – What Are the Best Practices?” ABA Section of Public Contract Law, Subcontracting, Teaming Agreements, and Strategic Alliances Committee Meeting, January 2017
“Understanding and Responding to Cybersecurity Risks” (Co-Presenter), Association of Corporate Counsel (ACC) Colorado Chapter, Spring In-House Forum, Denver, Colorado, April 2016
"Practical Answers to Key Protest Questions," NCMA, Northern West Virginia Chapter Meeting, Morgantown, West Virginia, March 2016
"Gaining Advantage on the High Seas: The Thoughtful Pirate's Approach to Subcontract Terms and Clauses" (Moderator), ABA Section of Public Contract Law, 22nd Annual Federal Procurement Institute, Annapolis, Maryland, March 2016
"Regulations and Their Impact on Your Business" (Co-Presenter), Teaming to Win Conference, Canaan Valley, West Virginia, May 2015
"Everything You Always Wanted to Know about the Model Procurement Code but Were Afraid to Ask" (Moderator), American Bar Association, Section of Public Contract Law, 10th Annual State and Local Procurement Symposium, Philadelphia, Pennsylvania, April 2015
Editor, ABA Guide to Service Subcontract Terms and Conditions, 2nd Edition, 2019
“Friendly Reminder: Protest Grounds Cannot Be Based Solely on Supposition and Speculation,” Pratt’s Government Contracting Law Report, Vol. 4 No. 12, December 2018
“Sometimes Less Than Complete Information Is Enough, But Don’t Count on It,” Pratt’s Government Contracting Law Report, Vol. 4 No. 11, November 2018
“Overcome by Events: Facts not Directly Related to Protest Grounds Can Prevent an Ultimate Protest Victory,” Pratt's Government Contracting Law Report, Vol. 3 No. 11, November 2017
"Mindful Negotiation and Consistency in Quoting Can Help Fend Off Misguided Evaluators on FSS Procurements," Pratt's Government Contracting Law Report, Vol. 3 No. 8, August 2017
"'Not for the Faint of Heart' - Startups planning to pursue small business set-aside contracts face unique compliance issues," Law Week Colorado, June 2017
Contributor, ABA "Guide to State Procurement: A 50-State Primer on Purchasing Laws, Processes and Procedures," 2d Ed. 2017
Co-Editor, ABA Guide to Fixed-Price Subcontract Terms and Conditions, 5th ed., August 2016
"Department of Veterans Affairs' Rule of Two Applies to IDIQ Contracts," Pratt's Government Contracting Law Report, Vol. 2 No. 5, May 2016
"Knowing and Meeting Solicitation Requirements," Pratt's Government Contracting Law Report, Vol. 2 No. 3, March 2016
Professional & Civic Activities
Professional & Civic Activities
American Bar Association, Public Contract Law Section
Council Member, ABA Section of Public Contract Law, 2016-2019
- Vice-Chair, ABA Section of Public Contract Law, State and Local Committee
- Vice-Chair, ABA Section of Public Contract Law, Intellectual Property Committee
- Vice-Chair, ABA Section of Public Contract Law, Strategic Alliances, Teaming and Subcontracting Committee
Colorado Bar Association
Denver Bar Association
District of Columbia Bar Association
West Virginia State Bar
National Contract Management Association, Denver Chapter
National Defense Industry Association, Rocky Mountain Division
Colorado Lawyers Committee Children's Task Force
Colorado Lawyers Committee Foster Care Working Group
Member, Board of Directors, Sunshine Home Share of Colorado
Practices & Industries
- District of Columbia
- West Virginia
- U.S. Court of Federal Claims
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court for the Northern District of West Virginia
- U.S. District Court for the Southern District of West Virginia
- West Virginia Supreme Court of Appeals
University of North Carolina School of Law, J.D., 1993
Davidson College, B.A., cum laude, 1988