Government Procurement Law Concentration

This course gives students the opportunity to explore the role of counsel assigned to a bid protest related to award of a government contract, either as agency counsel, protest counsel, or intervenor counsel. In their first year of practice, most government contracts attorneys will encounter bid protest litigation in one form or another. The bid protest scenario presented in this course will be similar to complex, multimillion-dollar cases attorneys face in practice. Students will experiment with litigation strategies and construct arguments on behalf of clients throughout the bid protest process. Students will receive faculty and peer feedback on oral and written advocacy work products. Enrollment is limited. Prerequisite for JD students: Law 6500 or 6502 or permission of the instructor. (Writing assignments and oral presentations)

Survey of the different legal mechanisms for protecting intellectual property, including patent, trademark, copyright, and related state–law doctrines. This course is intended for students who desire a general exposure to intellectual property law but do not plan to specialize in the field; taking this course as a foundation for more specific intellectual property courses is not recommended. Not for credit toward an LLM in intellectual property law. (Examination)

This course provides experiential learning for students planning a career in the federal government advising and leading legislative, executive, or judicial branch programs. An understanding of federal appropriations law is a fundamental skill for all federal attorneys. The identification of an available appropriation, its permissible uses, and any relevant restrictions or prohibitions, is a threshold issue prior to taking any federal action, including executing a federal contract. Federal attorneys with a working knowledge of appropriations law bring critical expertise to bear in advising internal agency clients on how to maximize scarce resources. (Writing assignments and class participation)

This seminar offers a review of emerging issues in U.S. procurement law, using information technology procurement and other critical market sectors as a starting point for analysis; we will also be looking to international procurement law, as a comparative counter-example to U.S. law. Prerequisite or concurrent registration: Law 6500 or Law 6502, or permission of instructor. (Research paper)

This course provides experiential learning for students planning a career in the federal acquisition field as well as in the private sector. An understanding of Other Transaction Authority (OTA) is a fundamental skill for all federal attorneys. The identification of a prototype or research Other Transaction (OT) requirement, its permissible uses, and any relevant restrictions or prohibitions, is a threshold issue prior to taking any federal action, including executing a federal contract. Attorneys with a working knowledge of OTA bring critical expertise to bear in advising internal agency clients on how to maximize scarce resources and broaden the industrial base. While OTA is a “tool” in the acquisition “toolbox,” it offers a much more flexible approach over a traditional FAR-based procurement contract, allowing the government to emulate commercial negotiations and practices. Prerequisite: Law 6500 or 6502, or written permission of the program director. (In-class and written exercises, class participation)

This course explores the legal issues arising out of the U.S. government’s increasing reliance on “technology,” which broadly includes software providers, cloud service providers, and professional services, to meet its mission. Students will be introduced to the unique procurement law issues and opportunities that technology government procurement practitioners encounter in their daily work, including public sector technology negotiations, client advising, compliance and security issues, and risk management. JD students must complete Law 6500 or 6502 prior to enrolling in this course (or obtain the advanced, written permission of the instructor. (In-class and written exercises)