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Michael B. G., Esq.
P.O. Box Seaford, N.Y.
All New York State Courts; United States Supreme Court; nd Circuit Court of Appeals; and the US District Court for the Southern and Eastern Districts of New York
Contract Management and Legal Experience
COMPANY CONFIDENTIAL, New York, N.Y. / Present
Director of Contracts & InHouse Attorney
This company is a leading provider of consulting services and software customization to federal, state and local governments and municipalities as well as to educational institutions and commercial enterprises with over employees in the United States, Canada, the United Kingdom and Australia generating annual revenues of more than $ million.
Currently lead Contracts Director on all major contracts in the Company&;s Consulting, Health Services and Tax Credit divisions and support the Company&;s Federal and Human Services divisions advising the CEO, CFO and division Presidents on contract risk analysis. Initially recruited from Pencom to direct and manage all contract and legal matters for its $ million, year contract with the New York City Department of Education to develop a customized and individualized information and compliance tracking system.
This system converts a multitude of existing legacy systems using nonconforming data formats into a single new and more adaptable and streamlined system with substantially more functionality, enhancements and compliance reporting by tracking, auditing and reporting on an annual average of over , individuals for up to a year span each maintaining complex and extensive health, medical, education and financial records that are unique for each individual and must be in compliance with evolving state, federal and court mandated requirements. The system also allows for scanning and OCR processing of more than , documents per month.
Proactively manage all projects to ensure no liquidated damages are assessed and that all risks and cost overruns associated with out of scope requests are mitigated.
Key adviser in project management processes including scope management, deliverables acceptance, requirements capturing and change control. Serve as Requirements Manager acting as a centralized hub interfacing with all project teams, the client and third party independent verification and validation IV&V.
Interface with client, vendors, staffing agencies and subcontractors regarding contract management with focus on contract compliance for each entity, change order negotiation and remaining diligent to ensure contract terms & conditions support maximizing company business and profit goals while minimizing risks and costs and in the case of subcontractors, further ensuring compliance with prime contract flowdown requirements.
Prepare contract correspondence for formal submission. Maintain complete and legally compliant contract and subcontract records including change management negotiation history and final acceptance documentation.
Work closely with company financial directors to maintain budget boundaries, ensure compliant invoice preparation and receipt of payments. Function as costcontainment filter to mitigate costs, expenses and losses.
Cradletograve contracts development, negotiation, management and enforcement for other company projects, including monitoring all contract requirements and deliverables to ensure both company and each clients&; contractual requirements are accomplished on time and on budget. Prepare, review, negotiate and participate in awarding subcontract and vendor RFP&;s.
Ensure appropriate use and negotiation of Nondisclosure Agreements, Teaming Agreements, Subcontracts, Licensing Agreements, Memorandum of Understanding and all other agreements as required. Ensure proposals are prepared and revised in accordance with corporate policy.
PENCOM SYSTEMS INCORPORATED, New York, N.Y. / /
Director of Contracts and General Counsel
Enjoyed progressively increasing responsibility and oversight for the contract, procurement, business and legal affairs of a year old conglomerate of privately held and public enterprises including computer consulting, contract programming, network and systems administration and full time technical placement services as well as software, web and Internet development, primarily in the U.S. and Canada.
Served as companywide cost containment center rather than traditional cost center to maximize company&;s return on investment.
Guidance to parent and affiliates as well as each respective board, management and staff concerning all contract, commercial and residential lease, RFI/RFP, intellectual property and software license issues.
Drafted, reviewed, negotiated and enforced all contract issues focusing on protection of trade secrets, copyright and trademark rights. Address UCC, warranty, indemnity, liability, insurance and FAR, DFAR and ITAR provisions.
Negotiated and settled disputes involving client, employment, vendor and lease agreements, invoicing and collections, intellectual property rights and insurance claims to maximize the company&;s net profits.
Developed and maintained streamlined electronic contract tracking system which integrated all parties involved in the contract process, including accounting, sales, legal, marketing and management. This promoted efficient time and expense management by not only standardizing transactions but also providing key issues and requirements in an immediate and as needed basis to all departments in clear and concise language.
Counseled management on human resources materials including drafting, revising and implementing employee manuals and corporate policies, interview and termination of employment procedures, FLSA, employee stock plans, workplace conduct and misconduct, releases, settlements, noncompete and nonsolicitation issues, independent contractor/employee tax status issues and reductions in force issues. Advised corporate executives on litigation matters and tight management of outside counsel saving the company more than one million dollars in demanding settlement negotiations and thorough oversight of outside counsel fees.
Speaker, Shareware Industry Conference, Rochester, NY "Effective Contract Negotiations" and "Selling and Licensing Source Code" July th, .
Speaker, National Business Institute Continuing Legal Education CLE Course "Advanced Internet Research Strategies for the Legal Professional" August th, and August th, .
Reported Works and Publications
Amicus Curiae Brief submitted to the U.S. Supreme Court in U.S. v. American Library Association the Children&;s Internet Protection Act "CIPA" case February th, WL .
Amici Curiae Brief submitted to the U.S. Supreme Court in ACLU v. Reno the Internet Communications Decency Act "CDA" case Feb. th, WL .
"Bridging the Analogy Gap: The Internet, The Printing Press & Freedom of Speech," G., M. and Wallace, J., SEAULR
"Nameless in Cyberspace: Anonymity on the Internet," Cato Institute Briefing Paper No. December th, , G., M. and Wallace, J.
"The Specter of Pervasiveness: Pacifica, New Media, and Freedom of Speech," Cato Institute Briefing Paper No. February th, , G., M. and Wallace, J.
HOFSTRA UNIVERSITY SCHOOL OF LAW, Uniondale, N.Y., J.D.,
"Fair Use Doctrine of Copyright Law as Applied to the Internet," The Ethical Spectacle March, .
Research Assistant, Jonathan Wallace, Esq., Provided legal research and editing for:
Nationally published book, Sex, Laws & Cyberspace Henry Holt: ; and
"Extinguishing the CDA Fire: The Supreme Court&;s Masterful Reno v. ACLU Opinion," Journal of Information, Law & Technology October st, .
Research Assistant, Prof. Donna Hill, Esq., Provided research and assisted in the development of computerized legal research tutorial program funded by Computer Aided Legal Institute CALI.
STATE UNIVERSITY OF NEW YORK, Albany, N.Y., B.A. in Psychology/Criminal Justice
Student Representative to New York State Senate Higher Education Committee
Student Representative to SUNY Board of Trustees.
Chairman of the Board of Directors for University Auxiliary Services the oncampus facilities, food and vendor management services corporation with oversight on a multimillion dollar budget. Assisted in negotiation of long term and substantially high dollar agreements with vendors.