Admitted to bar 1982 (New Jersey); 1995 (District of Columbia).
Education: Michigan State University (B.A., with honors, 1975); Boston University School of Law (J.D. 1978); The Judge Advocate General’s School-Army (LL.M. 1987); National Law Center, The George Washington University (LL.M., with highest honors, 1995).
Member: American Bar Association, District of Columbia Bar Association; U.S. Court of Federal Claims Bar Association; Federal Circuit Bar Association.
Experience: 1978-1982, U.S. Army Pershing Missile Officer; 1982-1994, Trial Attorney/Trial Team Chief, U.S. Army Judge Advocate General’s Corps; 1994-2007, Partner, Venable; 2007-2010, Partner, Dykema Gossett; 2010 – present, Partner, Cohen Mohr.
The core focus for every viable business is the creation, growth, and preservation of the value it provides to its customers. Rod Marvin helps clients realize their goals in this essential process, especially with respect to the identification, evaluation, and mitigation of the numerous risks they encounter when operating in the federal government marketplace, as well as in their consideration of whether to enter that market. Bringing experience that spans the entire government contract process, from solicitation through termination, including the various non-procurement instruments used by the government in some of its research and development projects, Rod advises and represents clients in their contracting relationships, not only with the federal government directly, but also with other government contractors at higher or lower contracting tiers.
Rod’s extensive litigation and business counseling experience, in both the government and the private sector, have provided him with substantial insight into, and a deep understanding of the many factors that drive, affect, or condition the decisions made by business management and by agency officials in the initiation and administration of their procurement relationships. With this insight and understanding, Rod has helped clients identify and resolve the actual and potential issues and risks of a project (potential or ongoing), negotiate terms and conditions to address the issues and mitigate the risks, and institute processes to facilitate the administration of their contracts accordingly.
As a litigator, Rod has represented clients in the federal procurement protest forums, filing or defending protests at the Government Accountability Office, the U.S. Court of Federal Claims, and, formerly, at the General Services Board of Contract Appeals under its now-lapsed Brooks Act jurisdiction for information technology protests. He has represented clients before the agency boards of contract appeals and the U.S. Court of Federal Claims in appeals of unfavorable agency decisions relating to contract claims or terminations. Rod has also represented clients in prime-sub disputes litigated in U.S. district courts across the country, and in mediation and arbitration of government contract-related claims and issues.
As a business counselor, Rod has helped clients understand and comply with the requirements relating to a broad spectrum of government contract statutes, regulations, and policies. For example, Rod has helped clients with contract compliance and business ethics requirements; cost and pricing issues, including defective pricing allegations; identification, quantification, documentation, and resolution of proposals relating to contract changes; Buy American Act and Trade Agreements Act requirements; commercial item designations and pricing; and with the resolution of contract terminations, including terminations for the convenience of the government and for default or cause.
Rod has particularly deep expertise in the identification, evaluation and mitigation of the many types of risks associated with the allocation of rights in intellectual property that arises, is used, or is delivered to the government in the performance of federal government contracts. Rod has helped clients operate effectively in this risky contracting environment, which can present risks of differing types and magnitudes depending upon a number of factors, including, but not limited to:
- The type of intellectual property involved
- The specific federal agency with which the agreement is being made or performed (e.g., DOD, NASA, DHS, GSA)
- The size of the client (small business/large business)
- The location of the client in the contracting tier (prime or lower tier), and
- The type of contractual instrument being proposed or used (procurement contract, grant, cooperative agreement, CRADA, Other Transaction Agreement, Work For Others)
With Rod’s assistance, clients have been better positioned to assess reliably the reasonableness of their IP-based revenue expectations and projections, not only for the specific project being contemplated, but also relating to the exploitation of the intellectual property asset itself, and to protect those expectations and projections in the course of their work with the government, whether that work is performed as a prime contractor, as lower tier contractor, or as a member of a consortium.
Rod is listed in Who’s Who in the World, Who’s Who in America, and Who’s Who in American Law.
Seminars & Speeches
- Government Contract Intellectual Property Workshop, Thomson Reuters – Federal Publications Seminars, a two-day workshop presented three times per year (2009-present)
- Government Contract Intellectual Property Institute, Thomson Reuters – Federal Publications Seminars, a two-day seminar that was presented three times per year (2003-2008)
- Protecting Your Intellectual Property Rights under Government Contracts, Northern Alabama Contracting Congress, National Contract Management Association, Huntsville, Alabama Chapter, May 2008
- Some Trends in the Allocation of Intellectual Property Rights in Federal Government Contracts, National Contract Management Association, Northern Virginia Chapter, September 2007
- Trends in the Allocation of Intellectual Property Rights in Federal Government Contracts, Aerospace Industries Association, Intellectual Property Conference, April 2007
- Trends in the Allocation of Intellectual Property Rights in Federal Government Contracts, National Contract Management Association, Battlefield, Virginia Chapter, March 2007
- Issues Associated with Licensing Intellectual Property under Federal Government Contracts, National Contract Management Association, Cape Canaveral Florida Chapter, January 2007
- Intellectual Property Rights under Federal Government Contracts, National Contract Management Association, Johnstown Pennsylvania Chapter, November 2006
- Mitigation of Risks Associated with Federal Government Support of Research and Development, Negotiating and Drafting Biotech/Pharma Collaborative Agreements Conference, San Francisco, July 2006