Steven S. Diamond

Partner at Arnold & Porter Kaye Scholer LLP

Steven S. Diamond

Steven S. Diamond

Partner at Arnold & Porter Kaye Scholer LLP

Biography

Arnold & Porter LLP
Steven Diamond is a partner in Arnold & Porter LLP's government contracts practice. He has practiced government contracts law for over 25 years, beginning with defective pricing cases and the fraud, waste, and abuse scandals of the 1980s involving major defense contractors. Over the past two and a half decades, his practice has evolved to encompass all facets of government contracts law, including bid protest and claims litigation; mergers and acquisitions involving government contractors; negotiating FOCI-mitigation arrangements with the Defense Security Service; representing companies in the Exon-Florio approval process before the Committee on Foreign Investment in the United States (CFIUS); company defense in response to government audits, investigations, and enforcement actions including allegations under the False Claims Act; international procurement matters, securing and protecting intellectual property rights under government contracts, and grants; and corporate compliance counseling. He has represented US and non-US firms, from start-ups to FORTUNE 10 companies, as well as US and foreign government entities.

Mr. Diamond's practice spans a broad range of industries, including aerospace and defense; pharmaceuticals; biotech; healthcare; medical device and equipment; information technology; telecommunications; professional services; financial services; transportation; and consumer products. He has been lead counsel in bid protest, claims and False Claims Act litigation before various tribunals, including the Government Accountability Office (GAO), boards of contract appeals, the US Court of Federal Claims, the Court of Appeals for the Federal Circuit, and multiple federal district courts. Mr. Diamond also has extensive experience in structuring and negotiating acquisitions, mergers and divestitures involving government contractors and capital markets transactions implicating federal government contracts and appropriations law issues. He has also led internal investigations, conducted compliance reviews and counseled companies on enhancing corporate governance, risk management and corporate compliance programs. Mr. Diamond has lectured at numerous companies and industry conferences on government contracting and regulatory compliance issues.

Areas of Significant Experience

Bid protest litigation before the GAO, US Court of Federal Claims, and US Federal Circuit Court of Appeals
Government audits and investigations, involving administrative, civil, and criminal matters under the Departments of Defense, Health and Human Services, Veteran Affairs, General Services Administration (GSA), and other federal agency contracts
Procurement fraud, and False Claims investigations and litigation
Contract claims development, negotiation, and litigation
Suspension/debarment proceedings
Subcontract claims preparation, negotiation, and litigation
Mergers and acquisitions involving government contractors, on both the buy and sell sides and for both strategic and financial buyers
Capital markets transactions involving government contractors, including counseling and representing clients in their relationships with investment banks and rating agencies
Corporate compliance counseling, including service as principal outside compliance counsel for a FORTUNE 10 corporation
Technology transfer, including licensing, cooperative agreements, and other strategic arrangement
Federal drug pricing regulation and litigation
US General Services Administration (GSA) schedule issues, including pricing, audits, and litigation
Contract teaming, joint venture, and subcontracting arrangements

Government Contracts Representative Matters

Transactions

Lead government contracts counsel in over 100 acquisitions of government contractors spanning across two decades.
Represented General Atlantic Service Company, LLC and Kohlberg Kravis Roberts & Co. L.P. in their acquisition of TASC, a division of Northrop Grumman.¶
Represented NISC, a DC Capital Company, in its sale to IBM.
Represented Finmeccanica S.p.A. in its US$5.2 billion acquisition of DRS Technologies, which involved sophisticated issues relating to foreign ownership in the defense and national security sectors.
Represented Thomson Reuters in its acquisition of ChoicePoint assets, including contracts with law enforcement and federal government customers, including defense and intelligence agencies and foreign ownership issues.
Represented DC Capital Partners in acquisitions of government contractors Athenyx, Information Manufacturing Corporation, and Kaseman LLC.


Litigation

Lead counsel for Wisconsin Physicians Service Insurance Corporation (WPS) in parallel GAO protests successfully challenging one award of a CMS Medicare Administration Contract (MAC) covering Illinois, Wisconsin, and Minnesota (Jurisdiction 6), while simultaneously defending a protest by a competitor challenging the award of another MAC contract covering Michigan and Indiana (Jurisdiction 8) to WPS. Collectively, the two contracts are valued at over US$500 million. In the successful challenge by WPS, the agency agreed to take corrective action following a hearing and post-hearing conference call during which GAO indicated its intent to sustain to WPS’s protest. These protests follow an initial successful round of protests by WPS challenging the same awards.
Lead counsel representing Wisconsin Physician Services Insurance Co. in defending award of the US$500 million US Department of Defense (DOD) Tricare Dual-Eligibility Intermediary Contract (TDEFIC) in multiple protests before the GAO, US Court of Federal Claims, and US Federal Circuit Court of Appeals.
Lead counsel in negotiating successful resolution of criminal and civil fraud and False Claims Act allegations concerning cost mischarging against a major information technology company under a multibillion dollar DOD computer networking contract.
Team leader advising the US Navy in the A-12 default termination litigation, then the largest default termination in government history.
Lead counsel in representation of the City of Reading, PA in challenging GSA's decision to relocate federal government offices from downtown Reading.


Counseling

Lead counsel in representing defense, professional and technical services, pharmaceutical, medical equipment and consumer products companies in defective pricing, cost mischarging and incurred cost audits and investigations under the Departments of Defense Veterans Affairs, Health and Human Services, and GSA contracts.
Advising a major US railroad on government contracting and federal stimulus program compliance requirements under the American Recovery and Reinvestment Act.
Representing a major Internet and telecommunications services provider in connection with negotiation of a new GSA schedule contract, various government subcontracts and government contracts compliance issues.
Negotiating patent licensing and Cooperative Research and Development Agreements on behalf of pharmaceutical companies with National Institutes of Health (NIH).
Advisor to various foreign governments on foreign military sales transactions.
Government contracts advisor to the Government of Canada in the negotiation of the US/Canada Free Trade Agreement.
Mr. Diamond also served as past chair of the International Procurement Committee of ABA's International Law Section, writing and presenting programs on international government procurement agreements and the European Public Procurement Directives.
Representative Matters

Lead government contracts counsel in over 100 acquisitions of government contractors spanning across two decades.
Represented General Atlantic Service Company, LLC and Kohlberg Kravis Roberts & Co. L.P. in their acquisition of TASC, a division of Northrop Grumman.
Represented NISC, a DC Capital Company, in its sale to IBM.

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Education

JD, University of Michigan Law School, 1981
BA, University of Michigan, 1978
Stanford Law School


Admissions

District of Columbia
US Court of Federal Claims


Publications, Presentations, and Multimedia

"Delaware Decision Should Clarify Novation Requirements" (PDF: 349 kB) Apr 2013
"Biobased Products: Additional Reporting Requirements for Government Contractors Begin May 18" (PDF: 352 kB) May 2012

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Professional and Community Activities

Past Chair, International Procurement Committee, American Bar Association, International Law Section

Member, State Department Advisory Committee on International Contract Practices

Overview
RelSci Relationships

167

Number of Awards

2

Relationships
RelSci Relationships are individuals Steven S. Diamond likely has professional access to. A relationship does not necessarily indicate a personal connection.

Partner at Arnold & Porter Kaye Scholer LLP

Relationship likelihood: Strong

Partner at Arnold & Porter Kaye Scholer LLP

Relationship likelihood: Strong

Partner at Arnold & Porter Kaye Scholer LLP

Relationship likelihood: Strong

Partner at Arnold & Porter Kaye Scholer LLP

Relationship likelihood: Strong

Chairwoman-Therapeutic Horticulture Program in Montgomery County, Master Gardener Program at University of Maryland Extension

Relationship likelihood: Strong

Senior Partner at Arnold & Porter Kaye Scholer LLP

Relationship likelihood: Strong

Partner at Arnold & Porter Kaye Scholer LLP

Relationship likelihood: Strong

Partner at Arnold & Porter Kaye Scholer LLP

Relationship likelihood: Strong

Partner at Arnold & Porter Kaye Scholer LLP

Relationship likelihood: Strong

Partner at Arnold & Porter Kaye Scholer LLP

Relationship likelihood: Strong

In The News
The New York Times
January 28, 2018
Emily Grossman, Michael Diamond
Paths to Steven S. Diamond
Potential Connections via
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Steven S. Diamond
Partner at Arnold & Porter Kaye Scholer LLP
Family Members
Child
Manager, Advertising Platforms-New York at Google, Inc.

Google’s mission is to organize the world’s information and make it universally accessible and useful. Our company has packed a lot into a relatively young life. Since Google was founded in 1998, we’ve grown to serve hundreds of thousands of users and customers around the world. Founders Larry Page and Sergey Brin met at Stanford University in 1995. By 1996, they had built a search engine (initially called BackRub) that used links to determine the importance of individual webpages. Founded 1998 Founders Larry Page and Sergey Brin Incorporation September 4, 1998 Initial public offering (NASDAQ) August 19, 2004 Headquarters 1600 Amphitheatre Parkway Mountain View CA 94043

Spouse
Chairwoman-Therapeutic Horticulture Program in Montgomery County, Master Gardener Program at University of Maryland Extension

Education
JD
Class of 1981

The University of Michigan, founded in 1817, celebrates a long and distinguished history. It was in 1787 that the Northwest Territorial Ordinance provided public land for this and other Midwestern universities and established a tradition of respect for excellence in higher education. Three Native American nations—the Ojibwa (Chippewa), Odawa (Ottawa), and Bodewadini (Potawatomi)—subsequently granted certain lands for use of the University of Michigan and by the end of the 19th century, Michigan was the largest and most generously supported public university in America and already a leader in graduate education. The University of Michigan Law School, one of the oldest law schools in the nation, was founded in 1859. But unlike other highly selective law schools established in that era, admission was never restricted to the privileged. When Gabriel Hargo graduated from the Law School in 1870, Michigan—then the largest law school in the country—became the second American university to confer a law degree on an African American. That same year, Michigan was the first major law school to admit a woman, and in 1871, graduate Sarah Killgore became the first woman with a law degree in the nation to be admitted to the bar; by 1890, Michigan had graduated more women than any other law school. That commitment to access and diversity joined an equally powerful commitment to excellence, which continues to this day.

BA
Class of 1978

The University of Michigan (UM, U-M, UMich, or U of M), frequently referred to as simply Michigan, is a public research university located in Ann Arbor, Michigan, United States. It is the state's oldest university and the flagship campus of the University of Michigan. It is one of the original eight Public Ivy universities and is one of the founding members of the Association of American Universities. It has been ranked among the top five research universities in the US, and among the top 20 universities in the world. U-M also has satellite campuses in Flint and Dearborn.

Attendee

Stanford began offering a curriculum in legal studies in 1893, when the university engaged its first two law professors. One was Benjamin Harrison, former President of the United States, who delivered a landmark series of lectures on the Constitution. The other was Nathan Abbott, who served as head of the nascent law program. Abbott assembled a small faculty to which he imparted a standard of rigor and excellence that endures to this day.In an effort to acknowledge the emerging professional nature of the department, Stanford's Board of Trustees passed a resolution in 1908 to substitute the term 'law school' for 'law department,' though technically the law program remained a department within the university.The law school was at the forefront of efforts to institute the California Bar exam, which was added to the requirements to practice law in California in 1919. The law school was accredited by the American Bar Association in 1923, the year the ABA began certifying law schools.

Memberships
Member

American Bar Association provides legal services. It provides law school accreditation, continuing legal education, legal information and other services to assist legal professionals. The firm has members which include judges, court administrators, law professors, and non-practicing attorneys. The company was founded on August 21, 1878 and is headquartered in Chicago, IL.

Career History
Partner
Current

Arnold & Porter Kaye Scholer LLP is an American private company located in Washington, DC. The firm provides legal services.

Prior

Arnold & Porter LLP, practicing in distinct areas of the law, conducts business worldwide. Their global reach, experience, and deep knowledge allow them to work across geographic, cultural, technological, and ideological borders, serving clients whose business needs require U.S., EU, or cross-border regulatory, litigation, and transactional services. As their practice embraces the rapidly changing international landscape, their firm has become a powerful partner for global business. The company serves sovereign governments, U.S. and European businesses as they expand into emerging markets, multinational corporations as they conduct business in a multitude of locations, and international businesses seeking to navigate the waters of U.S. and European business, regulation, and law. They believe business transformation in a global economy requires innovation and open market access, and by providing the legal structure and foundation for both, they enable their clients to effectively provide products and services to the world's vast marketplace. The company was established in 1946 and is headquartered in Washington, DC.

Political Donations
Transactions
Details Hidden

SAIC, Inc. purchases Scitor Corporation from Leonard Green & Partners LP

Details Hidden

DC Capital Partners LLC purchases Computer Security Solutions, Inc.

Details Hidden

General Atlantic LLC, TASC, Inc. /Private Group, Kohlberg Kravis Roberts & Co. LP purchase Engility Corp. from Northrop Grumman Corp.

Awards & Honors
Admitted to District of Columbia Bar
Court Admission: US Court of Federal Claims
Other Affiliations

Steven S. Diamond is affiliated with Arnold & Porter Kaye Scholer LLP, Arnold & Porter LLP

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