Kevin Connelly Participated in Q&A with Employment Law360

Law360, New York (December 2, 2010) -- Kevin Connelly is a partner in the Washington, D.C., office of Seyfarth Shaw LLP and chairman of the firm's government contracts practice group. Connelly's practice focuses on government contract litigation and counseling for defense and civilian contractors. He has experience in all phases of government contracts law including representing contractors in bid protests, claims against the government, qui tam and false claim actions, suspension and debarment, Foreign Ownership Control or Interest, mergers and acquisitions, terminations, prime/subcontractor disputes, security clearance appeals, small business size appeals, and final determinations as to the country of origin. He handles internal investigations, voluntary disclosures and has developed compliance programs for government contractors.

Q: What is the most challenging case you've worked on, and why?
A: I have been fortunate to work on many challenging matters during my career, so it is difficult to choose just one. However, one case that was particularly challenging was my first GAO bid protest for ITT in 2002. ITT was competing in a U.S. Army Corps of Engineers procurement for base operations and security services at Camp As Sayliyah in Qatar. The Corps originally awarded ITT the contract. DynCorp filed a protest regarding the award which the GAO sustained. After evaluating revised proposals, the Corps awarded the contract to DynCorp. ITT decided to switch counsel from a well-known government contracts firm that represented the company in the original DynCorp protest to Seyfarth Shaw LLP and to protest the Corps’ second award decision. Winning a second round protest when the government has awarded to a different contractor is extremely difficult. In this case I was able to broker a deal where the parties agreed to split the contract award between ITT and DynCorp with ITT and DynCorp each taking certain tasks under the contract. Due to intervening events, ITT’s portion grew significantly in the subsequent years. Thus, we not only obtained an outstanding legal victory, but were able to turn that victory into real work for a client in a contract that was not only worth hundreds of millions of dollars but which further solidified ITT’s expertise in the field.

Q: What accomplishment as an attorney are you most proud of?
A: I am particularly proud of two areas. The first area is having the privilege since 2002 of chairing Seyfarth’s government contracts group, which consists of extremely talented people who always work together as a team to handle client problems. The second area is having built many long-term relationships with clients in which I have become not only a trusted advisor, but have developed lasting friendships.

Q: What aspects of law in your practice area are in need of reform, and why?
A: Many issues and cases could be more easily and economically resolved if the government had a better equipped, more informed and more accountable acquisition workforce.

Q: Where do you see the next wave of cases in your practice area coming from?
A: We will be seeing not only a shifting, but a reduction in government spending, which will likely result in more protests as contractors fight more intensely over dwindling opportunities.

Q: Outside your own firm, name one lawyer who's impressed you and tell us why.
A: Dick Johnson at Smith Pachter McWhorter PLC. When I joined Seyfarth in 1985 as a 24-year-old kid out of George Washington law school, Dick was not only the chair of the government contracts group, but the managing partner of the Washington, D.C., office and on the firm’s executive committee. To say Dick was eccentric would be an understatement. On a late plane back from meeting with a client, I might be perusing Golf Digest, while Dick would be reading a novel in Chinese or French, listening to Wagner, while occasionally casting aspersions at my literary choices. Dick is brilliant. Not only one of the best writers I know, but an unbelievable editor, who taught all in the group precise thinking. While graduating at the top of his undergraduate and law school classes at Harvard, one might have expected Dick to be pretentious. He wasn’t. He demanded logical thinking, diving deep in factual development rather than wading near the surface of the water, and clear unpretentious writing. While he could be tough with us, he protected and nurtured members of the Seyfarth government contracts group as if they were his family.

Q: What advice would you give to a young lawyer interested in getting into your practice area?
A: From a substantive standpoint, develop as detailed subject matter expertise as you can while honing your writing and interpersonal skills. Persuasive writing is critical to what government contract attorneys do on a day-to-day basis. Learn to think about problems from a practical perspective as well as a legal perspective. Dive deep into the facts. From a long-term career standpoint, take an interest in your clients and develop long-term relationships.  Be responsive, listen to your clients, and treat their issues with the intensity with which you would address issues in your life.