Daniel S. Koch practices in two principal areas: (1) government contracts law, including both counseling and litigation, and (2) technology, intellectual property and services contracting and licensing, including trademark and copyright matters.
Government Contracts: For more than 25 years, Dan has advised government contractors, particularly professional services and information technology firms, on the full range of government procurement issues. Typical counseling matters that confront businesses in this ever-changing and highly legalized environment include teaming agreements and subcontracts, disputes between prime and subcontractors at all levels, small business, minority and service-disabled veterans' preference issues, GSA schedules issues, organizational conflicts of interest, issues relating to protection of intellectual property in government contracts, terminations, claims, debarments and suspensions, and state and local procurements.
On the government contracts litigation side, he has brought and defended innumerable bid protests before the Government Accountability Office (formerly the General Accounting Office, or GAO), the Court of Federal Claims, the Federal Aviation Administration's Office of Dispute Resolution for Acquisition (ODRA), agency protests and size protests before the Small Business Administration, qui tam (False Claims Act "whistleblower" cases), litigation before the boards of contract appeals, other administrative tribunals, arbitration panels and courts. When disputes between contractors arise, he counsels on or defends allegations of unfair competition and antitrust violations.
Technology Agreements: Dan drafts a wide variety of complex licenses and service provider contracts for an equally wide variety of professional services and technology businesses, including e-commerce, hosting and application service provider (ASP) contracts. A former computer systems programmer, Dan's extensive high-tech background enables him to quickly master technologically complex subjects. He also maintains an active trademark and copyright practice, particularly as relates to Internet issues.
Before joining Miles and Stockbridge in 2012, Dan was a principal at Paley Rothman in Bethesda, Maryland. He joined Paley Rothman in 1995; prior to that, he was engaged in the private practice of law with his own Washington, D.C. law firm, growing to six attorneys from 1988 to 1992, and at Doyle & Bachman. In 1986, he held an International Affairs Fellowship from the Council on Foreign Relations, after serving as a foreign law consultant with the Law Offices of Lee & Ko in Seoul, Republic of Korea, in 1984-85. From 1976-1984, he conducted antitrust investigations and litigation for the Federal Trade Commission's Bureau of Competition. After law school, he was a law clerk to the Hon. Stanley S. Brotman, Judge of the United States District Court in Camden, New Jersey.
Publications
"At the Mercy of Your SDVO Joint Venture Partner? Recent SBA Decision Requires SDVO Partner to Completely Control SDVO Joint Venture," Miles & Stockbridge News Brief (May 2012).
"How Delayed Debriefings Cause Contractors to Lose Valuable Contracts and Key Personnel," Inside the Minds: The Impact of Recent Changes in Government Contracts - Aspatore Books (2011).
"Now Required to Report Own Violations, Government Contractors Face Increased Pressure to Prevent Them," Montgomery County Bar Association Newsletter (June 2009).
"Long Wait, Little Change: SBA's Proposal to Set Aside Contracts for Women-owned Small Businesses Is Narrow in Scope," The Daily Record-Maryland Lawyer (February 4, 2008).
"Does Your Government Contractor Client Have an Organizational Conflict of Interest Maryland Daily Record (May 1, 2006).
"Protesting Small-business Contract Awards: It's All in the Timing," Montgomery County Business Gazette (June 4, 2004).
Speaking Engagements
"Protecting Your Client's Computer Software under Government Contracts," Montgomery County Bar Association Business Law Section, Law Day (May 14, 2010).
"The New Mandatory Disclosure Rule: Preventing Violations Becomes Even More Critical for Contractors," The Patuxent Partnership, Consequences - Legal Issues in Contracting (April 15, 2009).
"Understanding What Your Government Contractor Client's Doing-A First Look at Law and Procedure," Bar Association of Montgomery County, Business Law Section (March 14, 2007).
"Litigating Employment Cases: Views from the Bench," Georgetown University, 7th Annual Conference (Speaker) (2003).