MICHAEL NEMEROFF focuses his practice on government contracting counseling and litigation. He represents companies and individuals under investigation by grand juries, Inspectors General and Congressional Committees. He counsels and litigates claims and disputes for clients under Multiple Award Schedule contracts administered by the General Services Administration (GSA). Mike represents parties in suspension and debarment proceedings and in investigations by the Department of Justice involving the False Claims Act. His practice also includes counseling and representing clients in proceedings under the Procurement Integrity Act and in matters involving financial conflicts of interest, organizations conflicts of interest, and post-employment limitations applicable to former government employees.
Mike has represented political action committees, lobbying organizations, corporations, trade associations and individuals on a broad range of matters involving federal, state and local government ethics laws and the Foreign Agents Registration Act. This includes investigations by the Federal Election Commission, the Senate and House Ethics Committees, the Office of Congressional Ethics, and the United States Attorney for the District of Columbia who is responsible for enforcing the Federal Lobbying Disclosure Act. He advises corporate political action committees, government relations professionals and Members of Congress concerning federal and state campaign finance laws, lobbying laws and regulations concerning gifts and gratuities. He counsels corporations with foreign operations regarding the Foreign Corrupt Practices Act. Mike has consistently been recognized by The Best Lawyers in America in Government Relations Law every year since 2007.
Mike also represents importers, manufacturers and distributors of consumer products in regulatory proceedings before the United States Consumer Product Safety Commission. He counsels clients on product recalls and compliance with CPSC standards and labeling requirements. Mike participated in selected NHTSA investigations, recalls and reports of defects. This included notification requirements for a suspended government contractor for parts supplied to a major U.S. automobile manufacturer in 2016, a 2014 investigation of a component involved in the General Motors recall of various GM models related to the ignition switch, and counseling various equipment manufacturers regarding their responsibilities for the possible recall of their component parts.
Mike has completed his service as a member of the Audit Advisory Committee for the U.S. Government Accountability Office. He was a member from 2010 - 2018 and was Chairman of the Committee from 2013 - 2018.
Mike’s recent representative matters include:
- Assisted a sovereign wealth fund to comply with the Foreign Agents Registration Act in 2018.
- Assisted in defending a state contractor in connection with a Grand Jury investigation of a minority subcontractor performing no services, 2013–2014.
- Assisted the awardee of a Department of Labor contract and grant to negotiate changes to accommodate the surprise departure of the employees performing the work in 2017.
- Advised multiple Federal contractors regarding the negotiation of contracts and compliance with contract requirements 2015 - 2018.
- Assisted companies subject to the SEC pay to play rule on compliance when marketing to public employee retirement funds during 2018 elections.
- Assisted a Department of Defense prime contractor in 2013 and 2017 to restructure a $100 million per year advising services contract into a Contractor Team Arrangement.
- Advised multiple firm clients regarding state lobbying laws when marketing investments to public employee retirement systems 2010 - 2018.
- Represented multiple candidates and political committees in 2012–2018 regarding independent expenditures made by Super PACs and 501(c)(4) organizations in Federal and state elections.